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Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

Marine Conservation Areas in Ontario

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    Ontario Water Resources Act

    Ontario Water Resources Act means the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended from time to time. (Loi sur les ressources en eau de l’Ontario)

    water taking

    water taking means the taking of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the taking of water is expressed grammatically in that Act or those regulations. (prélèvement d’eau)

    water transfer

    water transfer means the transfer of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the transfer of water is expressed grammatically in that Act or those regulations. (transfert d’eau)

  • Marginal note:Marine conservation areas in Ontario

    (2) The provisions concerning water taking and water transfer of the laws of Ontario, as those provisions are amended from time to time, apply within a marine conservation area in Ontario.

  • Marginal note:Laws of Ontario

    (3) For greater certainty, the laws of Ontario whose provisions concerning water taking and water transfer apply within a marine conservation area in Ontario include the Ontario Water Resources Act, the Environmental Bill of Rights, 1993, S.O. 1993, c. 28, as amended from time to time, and any regulations made under either of them, as those regulations are amended from time to time.

  • Marginal note:Application

    (4) The provisions of the laws of Ontario that relate to the following matters, as those provisions are amended from time to time, apply within a marine conservation area in Ontario with regard to water taking and water transfer:

    • (a) the administration and enforcement of the laws referred to in subsections (2) and (3);

    • (b) orders by provincial officers, as defined in the Ontario Water Resources Act, and the review of those orders;

    • (c) orders by Directors, as defined in the Ontario Water Resources Act; and

    • (d) hearings held by the Environmental Review Tribunal, within the meaning assigned by the definition Tribunal” in the Ontario Water Resources Act, and appeals from its decisions.

  • Marginal note:Sections 18 and 19

    (5) Despite sections 18 and 19, the duties of marine conservation area wardens and enforcement officers do not include the administration or enforcement of the provisions of the laws of Ontario referred to in subsections (2) to (4).

  • Marginal note:Administration and enforcement

    (6) Persons who are authorized under the laws of Ontario to administer and enforce the provisions of the laws of Ontario referred to in subsections (2) to (4) outside a marine conservation area in Ontario are authorized to administer and enforce those provisions within a marine conservation area in Ontario.

  • Marginal note:Ontario Provincial Offences Act

    (7) The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, applies to contraventions of the provisions of the laws of Ontario referred to in subsections (2) to (4).

  • Marginal note:Statutory Instruments Act

    (8) The Statutory Instruments Act does not apply to any instrument that is made or issued under any of the provisions of the laws of Ontario referred to in subsections (2) to (4).

  • Marginal note:Permits and authorizations

    (9) The superintendent of a marine conservation area in Ontario shall not issue a permit or other authorizing instrument relating to water taking or water transfer within the marine conservation area, or amend a permit or other authorizing instrument so as to allow water taking or water transfer within the area.

  • Marginal note:Section 12

    (10) Section 12 does not apply in respect of any activity that is carried out in conformity with a permit or other authorizing instrument relating to water taking or water transfer within a marine conservation area in Ontario that is made or issued under any of the laws of Ontario referred to in subsections (2) to (4).

  • 2015, c. 38, s. 2

Administration

Marginal note:Management by Minister

  •  (1) The Minister is responsible for the administration, management and control of marine conservation areas in relation to matters not assigned by law to any other Minister of the Crown.

  • Marginal note:Administration of lands

    (2) The Minister has the administration of public lands in marine conservation areas.

  • Marginal note:Facilities and research

    (3) The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring and carry out studies based on traditional ecological knowledge, including traditional aboriginal ecological knowledge, in relation to marine conservation areas.

  • Marginal note:Agreements

    (4) The Minister may enter into agreements with other federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act.

Marginal note:Management plans

  •  (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament.

  • Marginal note:Review of management plans by Minister

    (2) The Minister shall review the management plan for each marine conservation area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

  • Marginal note:Primary considerations

    (3) In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle.

  • Marginal note:Minister of Fisheries and Oceans

    (4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.

  • Marginal note:Minister of Transport and Minister of Fisheries and Oceans

    (4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.

  • Marginal note:Land claims agreements

    (5) If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.

  • 2002, c. 18, s. 9
  • 2005, c. 29, s. 34
  • 2012, c. 19, s. 325

Marginal note:Consultation

  •  (1) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate.

  • Marginal note:Progress reports

    (2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas.

Marginal note:Area advisory committees

  •  (1) The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area.

  • Marginal note:Other advisory committees

    (2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

  • Marginal note:Composition

    (3) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees.

 
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