Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations (SOR/2002-76)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Saguenay-St. Lawrence Marine Park Act. (Loi)

aircraft

aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef)

calf

calf means a juvenile cetacean measuring no more than one-half the size of an adult. (veau)

cargo ship

cargo ship means a commercial ship used to transport goods in various forms including composite units, as defined in subsection 1(1) of the Collision Regulations, and barge combinations. (navire de charge)

class 1

class 1 means a marine tour business whose activities take place on a vessel, other than a human-powered vessel, and include directed marine mammal watching tours. (classe 1)

class 2

class 2 means a marine tour business whose activities take place on a vessel, other than a human-powered vessel, and consist of activities other than directed marine mammal watching tours. (classe 2)

class 3

class 3 means a marine tour business whose activities take place on a human-powered vessel. (classe 3)

commercial vessel

commercial vessel[Repealed, SOR/2016-257, s. 1]

cruise ship

cruise ship means a passenger vessel offering overnight accommodations for at least 100 persons exclusive of crew accommodations. (navire de croisière)

disturbance of a marine mammal

disturbance of a marine mammal[Repealed, SOR/2016-257, s. 1]

endangered marine mammal

endangered marine mammal[Repealed, SOR/2016-257, s. 1]

Fjord

Fjord[Repealed, SOR/2016-257, s. 1]

marine mammal

marine mammal means any cetacean or pinniped. (mammifère marin)

marine tour business

marine tour business means any trade, industry, employment or service, whether or not for profit, relating to the observation from the water or air of plants, animals or the landscape or seabed of the park or cultural resources in the park, other than such trade, industry, employment or service when carried out by a person on behalf of the superintendent for the purposes of the management of the park, and includes excursions, cruises, fishing, diving, kayaking and flights over the park in the course of that trade, industry, employment or service. (entreprise d’excursions en mer)

observation area

observation area means an area consisting of two or more overlapping or contiguous observation zones. ((secteur d’observation))

observation mode

observation mode means, in respect of a vessel, the mode that describes the state of the vessel when the operator, for the purpose of observing a cetacean, permits the vessel to approach the cetacean within a distance of less than 400 m. (mode d’observation)

observation zone

observation zone means a moving circular zone that exists around a vessel while it is in observation mode in the park and that has a radius of one-half nautical mile (926 m). (zone d’observation)

operator

operator, in respect of a vessel, means the person who has the command or control of the vessel. (pilote)

permit

permit means any of the following permits issued by the Minister under subsection 10(1) of the Act:

• (a) a class 1, 2 or 3 permit;

• (b) a shuttle service permit;

• (c) a scientific research permit;

• (d) a cruise ship permit; or

• (e) a special activity permit. (permis)

shuttle service

shuttle service means a shuttle service that is operated for the purpose of carrying passengers by water for compensation. (service de navette)

special activity

special activity means a planned, temporary activity or event held in the park, and includes a parade, regatta, show, film production or promotion, sports event or an activity involving flying at an altitude of less than 609.6 m (2,000 feet). (activité spéciale)

speed

speed means speed over the ground. (vitesse)

vessel

vessel means a watercraft of any description that is used or capable of being used for navigation, without regard to its method of propulsion or whether it lacks a means of propulsion, and includes air cushion vehicles. (bateau)

year

year means a period of 12 consecutive months beginning on April 1. (année)

Application

• 2 (1) Sections 3 and 14 to 26 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while engaged in the discharge of their duties.

• (2) Subsection 3(2) and sections 14 to 26 do not apply to any person acting under an agreement with or instructions from the Minister for the purpose of protecting marine mammals or the environment or for the purpose of public safety or park management.

• (3) These Regulations

  • (a) other than subsection 14(2) and sections 19 and 20, do not apply to the holder of any of the following licences issued by the Department of Fisheries and Oceans when the holder is engaged in fishing for the species for which or in any other activity in respect of which the licence is issued, namely,

    • (i) a licence issued for the purpose of commercial fishing, or

    • (ii) an aboriginal communal fishing licence;

  • (b) other than subsection 14(2) and sections 15 and 19 to 22, do not apply to the holder of a licence to fish for seal issued by the Department of Fisheries and Oceans when the holder is engaged in fishing for the species for which or in any other activity in respect of which the licence is issued; and

  • (c) other than sections 14, 14.2 and 19, do not apply to the operator of a cargo ship.

• (4) Subsections 15(1) to (3) and sections 15.1 and 21 to 25 do not apply to the operator of vessel operating under a scientific research permit if

  • (a) the research involves marine mammals; and

  • (b) it is necessary for the purposes of the research to approach marine mammals closer than the minimum distance required under those provisions.

Permits

General

• 3 (1) It is prohibited for any person to operate a marine tour business, a cruise ship or a shuttle service in the park unless the person is a permit holder in respect of that business or service or is authorized in writing by the permit holder to do so on their behalf.

• (2) It is prohibited for any person to conduct scientific research or to hold a special activity in the park unless the person is a permit holder in respect of that research or activity or is authorized in writing by the permit holder to do so on their behalf.

4 The holder of a permit shall ensure that every vessel authorized to operate under the permit is operated in a manner that does not contravene these Regulations.

Limitations

• 5 (1) A class 1 or 2 permit, a shuttle service permit or a cruise ship permit shall authorize the operation of only one vessel.

• (2) A class 1, 2 or 3 permit and a shuttle service permit shall be issued only to the owner of the business or service in respect of which the permit is sought.

• (3) A maximum of 53 vessels may be authorized to operate in the park under class 1 permits.

Application for Permit

• 6 (1) An application to the Minister for a permit shall be in writing and include

  • (a) the name and contact information of the applicant and, if they are different, those of the applicant’s business;

  • (a.1) the type of permit being sought;

  • (b) information respecting the equipment that the applicant uses or intends to use, including the number of vessels, if any, and their registration or listing numbers;

  • (c) a description of any area of the park in which the applicant operates or intends to operate;

  • (d) a copy of any documentation required by law to prove that any vessel that is the subject of the application is authorized to carry out, and is capable of carrying out, the activity for which the permit is sought;

  • (e) in the case of an application for a class 1, 2 or 3 permit, a shuttle service permit, or a cruise ship permit, the types of goods or services that the applicant intends to offer;

  • (f) in the case of an application for a scientific research permit, a description of the proposed scientific research, its expected duration, the objectives to be attained, the methodology and the equipment to be used, the dates on which and the times and places at which the research is to be conducted and, in the case of research involving marine mammals, a statement indicating whether it is necessary for any vessel operating under the permit to approach marine mammals closer than the minimum distance required under subsections 15(1) to (3) and sections 15.1 and 21 to 23;

  • (g) in the case of an application for a special activity permit, a description of the proposed special activity, its expected duration, the objectives to be attained and the dates on which and the times and places at which it is to be held; and

  • (h) in the case of a cruise ship permit, the dates of the intended cruise.

  • (i) [Repealed, SOR/2016-257, s. 5]

• (2) An application for a permit shall be accompanied by the applicable fee fixed by the Minister under section 24 of the Parks Canada Agency Act.

• (3) A permit holder shall notify the Minister in writing as soon as feasible of any change in the information that was provided in the application.

Issuance of Permits

7 When deciding whether to issue a permit under section 10 of the Act, the Minister shall take into consideration the following objectives:

• (a) the protection, control and management of the park;

• (b) the protection of ecosystems, and any elements of ecosystems, in the park, in particular by decreasing the number of vessels authorized to operate in the park;

• (c) the protection of the cultural resources submerged in the park;

• (d) the protection, health and safety of the public in the park; and

• (e) the encouragement of the use of the park for educational, recreational and scientific purposes.

Conditions

7.1 The Minister may specify conditions in a permit to fulfil the objectives set out in paragraphs 7(a) to (d), including conditions regarding one or more of the following:

• (a) restrictions, in terms of time and place, on the conduct of the activity authorized by the permit;

• (b) refuelling practices;

• (c) practices for the safe conduct of the activity;

• (d) the information that shall be provided to passengers;

• (e) the methods of communication used by operators of vessels operating under class 1 permits, in accordance with subsection 26(2);

• (f) the use of required equipment;

• (g) the requirement to have on board the vessel a park warden, enforcement officer or any other person specified in the permit;

• (h) the reporting of information to the park administration, including

  • (i) the number of uses made annually of the vessel,

  • (ii) in the case of a class 3 permit, a report of any incidents affecting ecosystems or the health or safety of clients, and

  • (iii) in the case of a scientific research permit, a report on the scientific research activities performed under the terms of the permit;

• (i) the number of clients allowed for each guide operating under a class 3 permit;

• (j) the qualifications required for guides operating under a class 3 permit; and

• (k) with respect to a permit for scientific research involving marine mammals, in the event that it is necessary for a vessel to approach marine mammals closer than the minimum distance required under subsections 15(1) to (3) and sections 15.1 and 21 to 25, restrictions on the conduct of the research in order to minimize any disturbance of the marine mammals.

• 7.2 (1) The Minister may amend any condition of a permit to fulfil the objectives set out in paragraphs 7(a) to (d).

• (2) A notice of the amendment shall be sent to the permit holder and the amendment is effective on the day after

  • (a) the day recorded by the park administration’s server as the day on which the notice is sent, if the permit holder consents to receiving it by electronic means;

  • (b) the day recorded by the park administration’s fax machine as the day on which the notice is sent, if the permit holder consents to receiving it by fax;

  • (c) the day on which the notice is received, if it is sent to the permit holder by registered mail; or

  • (d) the day on which the notice is received by the permit holder, if it is delivered personally.

• (3) The notification is part of the permit and the permit holder shall attach it to the permit on receipt.

Suspension and Cancellation of Permits

• 8 (1) The grounds for the suspension of a permit by the Minister under section 10 of the Act are the following:

  • (a) the holder of the permit has failed to comply with a condition specified in the permit;

  • (b) there are reasonable grounds to believe that the permit holder has contravened these Regulations, the Act or any other applicable Acts or regulations; or

  • (c) the holder of the permit has failed to inform the Minister of any change in the information provided in the application for the permit.

• (2) The grounds for the reinstatement of a permit by the Minister under section 10 of the Act are the following:

  • (a) the breach that led to the suspension has been corrected;

  • (b) a period of 30 days has elapsed since the date of the suspension and proceedings in respect of the alleged contravention were not instituted before the end of that period; or

  • (c) the permit holder has been found not guilty of contravening these Regulations.

• (3) The grounds for the cancellation of a permit by the Minister under section 10 of the Act are the following:

  • (a) the permit holder has been found guilty of contravening these Regulations; or

  • (b) except where the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended three times during the period for which it was issued.

• (3.1) The Minister shall not cancel a permit without first giving the permit holder an opportunity to be heard.

• (4) The holder of a permit that has been suspended is not eligible to be issued any permit during the suspension period.

• (5) The holder of a permit that has been cancelled is not eligible to be issued any permit during the 12-month period following the date of the cancellation.

Transfer and Expiry of Permits

9 No person shall transfer a permit except in accordance with section 11.

10 A permit expires on the earliest of

• (a) the expiry date stated in the permit, including any instance when the ownership of a marine tour business or a shuttle service is sold or otherwise transferred to another person, if the permit in respect of that business or service, as the case may be, is transferred in accordance with section 11,

• (b) the date of cancellation, if any, of the permit, or

• (c) where the ownership of a marine tour business or shuttle service is sold or otherwise transferred to another person, the date of that transfer, if the permit in respect of that business or service, as the case may be, is not transferred to that other person in accordance with section 11.

• 11 (1) When the ownership of a marine tour business or shuttle service is transferred to another person, any permit in respect of the business or service may be transferred to that other person if the permit holder

  • (a) notifies the Minister, in writing, of

    • (i) the name and contact information of the person to whom the permit is to be transferred,

    • (ii) the proposed date of the transfer,

    • (iii) any change in the name of the business or the name and registration or listing number of the vessel to be operated by the new permit holder under the permit after the transfer, and

    • (iv) any changes in any other information that was provided under subsection 6(1) in the application for the permit; and

  • (b) obtains the Minister’s approval.

• (2) The Minister shall approve the transfer of the permit if the proposed changes will not affect the conditions of the permit.

Marine Activities Certificate

• 11.1 (1) The holder of a class 1, 2 or 3 permit, a scientific research permit involving marine mammals or a special activity permit involving marine mammals shall ensure that the operator or guide conducting an activity under the permit holds a marine activities certificate issued by the Minister.

• (2) The Minister shall issue a certificate to an operator or guide who has passed a training course approved by the Minister. The operator or guide shall pass an annual examination to renew the certificate.

• (3) The operator or guide shall pay the applicable fee for the certificate as fixed by the Minister under section 24 of the Parks Canada Agency Act.

• (4) The operator or guide shall carry the certificate at all times when engaged in the activities referred to in the permit.

Suspension and Cancellation of Certificate

• 11.2 (1) The ground for suspension of a marine activities certificate by the Minister under section 10 of the Act is that there are reasonable grounds to believe that the operator or guide has contravened the Act, these Regulations or other applicable Acts or regulations.

• (2) The grounds for cancellation of a certificate by the Minister under section 10 of the Act are

  • (a) that the operator or guide has been convicted three times of contravening the Act, these Regulations or other applicable Acts or regulations; or

  • (b) that the certificate has been suspended three times.

• (3) The Minister shall not issue a certificate to an operator or guide whose certificate has previously been cancelled.

• (4) The Minister shall not cancel a certificate without first giving the operator or guide an opportunity to be heard.

Log Book

• 11.3 (1) The permit holder of a class 1 or 2 permit, a shuttle service permit, a scientific research permit or a cruise ship permit shall ensure that the log book of a vessel operating under the permit is maintained.

• (2) The log book shall contain the following information for each use of the vessel under the permit:

  • (a) the date;

  • (b) the point of departure;

  • (c) the name of the operator;

  • (d) the time of departure and return;

  • (e) the number of passengers;

  • (f) the operator’s signature; and

  • (g) a note of any incidents affecting ecosystems or the health or safety of passengers.

• (3) The log book shall be presented to a park warden or enforcement officer on request.

Equipment

• 11.4 (1) The permit holder of a class 1 or 2 permit, a shuttle service permit or a cruise ship permit shall ensure that the vessel operating under the permit is equipped with

  • (a) a fixed GPS that can provide the exact speed of the vessel in knots; and

  • (b) a navigation radar, except a vessel in operation in the Saguenay Fjord upstream of l’Anse-de-Roche.

• (2) The GPS and radar shall be in good working order and shall be turned on when the vessel is in operation.

Flag

12 The holder of a class 1 or 2 permit, a shuttle service permit or a scientific research permit shall ensure that the vessel operating under the permit flies the appropriate identification flag issued with that permit in a manner that clearly identifies the type of authorized activity which the vessel is carrying out.

Identification

• 13 (1) The holder of a class 3 permit shall ensure that the vessels operating under the permit carry on both of their sides an approved, clearly visible, sign identifying the name of the business.

• (2) The Minister shall approve the sign if it clearly identifies the business.

Prohibited Conduct and Controlled Activities

Disturbance of Marine Mammals

• 14 (1) No person shall engage in behaviour in the park that may kill or injure a marine mammal or cause the disturbance of a marine mammal.

• (2) Disturbance of a marine mammal includes, but is not limited to, the following activities:

  • (a) feeding or touching a marine mammal;

  • (b) entering the water with the intention of swimming or otherwise interacting with marine mammals;

  • (c) playing whale songs or calls, or making any other noise that may resemble whale songs or calls, under water;

  • (d) separating members of a group of marine mammals or going between an adult marine mammal and its calf;

  • (e) trapping a cetacean or group of cetaceans between a vessel and the shore or between a vessel and other vessels; and

  • (f) any undue interruption, alteration or disruption of the normal behaviour of a marine mammal, in particular its social, swimming, breathing, diving, resting, feeding, nursing or reproductive behaviour.

• (3) Subsection (1), in respect of behaviour that may injure or cause the disturbance of marine mammals, does not apply to a person conducting scientific research involving marine mammals under a scientific research permit if the injury or disturbance is necessary for the research.

• (4) The operator of a vessel that is involved in an incident in which a marine mammal is killed or injured or that collides with a marine mammal shall report the incident immediately to a park warden or an enforcement officer and provide the following information:

  • (a) the name of the operator and contact information that would permit prompt communication;

  • (b) the location, date and time of the incident;

  • (c) the species involved;

  • (d) the circumstances of the incident;

  • (e) the condition of the animal before and after the incident, if known;

  • (f) the animal’s direction of travel after the incident;

  • (g) the weather and sea conditions; and

  • (h) any other relevant information.

Temporary Exclusion Area

14.1 The Minister shall establish a temporary exclusion area if it is necessary for

• (a) the protection, control or management of the park;

• (b) the protection of ecosystems or any elements of ecosystems, in the park;

• (c) the protection of the cultural resources submerged in the park; or

• (d) the protection, health or safety of the public in the park.

14.2 It is prohibited for any person to enter a temporary exclusion area during the time that it is in force unless that person is authorized by the Minister to do so for purposes related to the reason for the establishment of the exclusion area.

• 14.3 (1) The Minister shall determine the geographic limits of the temporary exclusion area.

• (2) The Minister shall determine the period during which the temporary exclusion area will remain in force, the duration of which shall not exceed 60 days.

• (3) The Minister may establish further periods not exceeding 60 days each if it is necessary for the reasons set out in section 14.1.

• (4) The Minister shall, as soon as feasible, have the Department of Fisheries and Oceans communicate in a Notice to Shipping or a Notice to Mariners, the decision to establish the temporary exclusion area and the decisions made under subsections (1) to (3). The Minister shall also communicate by fax or other electronic means the same to all permit holders and any marinas from which vessels may navigate into the park and post notices in conspicuous places where the notices are most likely to come to the attention of any person who will enter the area.

• (5) The temporary exclusion area exists as of the time that the decision establishing it is communicated.

Prohibition

14.4 It is prohibited, in the park,

• (a) to use a personal watercraft, as defined in subsection 1(1) of the Small Vessel Regulations;

• (b) to use an air cushion vehicle;

• (c) to conduct a water sport activity using a vessel or any other motorized system as a method of traction; or

• (d) to offer any commercial services related to hunting migratory birds.

Distance Requirements

• 15 (1) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not, by means of the vessel’s motors or under the force of the winds, waves, currents or by any other means, permit the vessel to approach a cetacean within a distance of less than 100 m, if the vessel is operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

• (2) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not place the vessel in the path of a cetacean in such a manner that the cetacean will pass within a distance of less than 100 m, if the vessel is operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

• (3) If a cetacean, other than a beluga, approaches within a distance of less than 100 m from a vessel that is operating under a class 1 permit, or less than 200 m from any other vessel, the operator of the vessel shall place the engine in neutral gear until the cetacean has dived toward the seabed or moved more than 100 m or 200 m from the vessel, as the case may be.

• (4) Subject to subsection 15.1(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean accompanied by a calf or from a resting cetacean.

• 15.1 (1) The operator of a vessel shall maintain a minimum distance of 400 m between the vessel and any marine mammal of a species or of a population of a species that is listed in any of Parts 1 to 3 of Schedule 1 to the Species at Risk Act.

• (2) The operator of a vessel shall not place the vessel in the path of a marine mammal referred to in subsection (1) in such a manner that the marine mammal will pass within a distance of less than 400 m.

• (3) Despite subsections (1) and (2), if the operator of a vessel is unable to maintain a minimum distance of 400 m from a beluga, the operator shall maintain course until the vessel is more than 400 m from any beluga.

• (4) Despite subsection (1), if a vessel is in observation mode when a beluga approaches within a distance of less than 400 m, the operator of the vessel shall place the vessel engine in neutral gear or move the vessel away in accordance with sections 23 and 24.

15.2 In the event of an inconsistency between these Regulations and the Collision Regulations, the Collision Regulations prevail to the extent of the inconsistency.

Concentration of Vessels

16 Despite subsection 15(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean when there are more than four vessels within a radius of 400 m from that vessel.

17 The operator of a vessel operating under a class 1 permit shall not permit the vessel to enter an observation zone or observation area if there are more than nine vessels operating under a class 1 permit already in the zone or area.

Aircraft

18 It is prohibited for any pilot to fly an aircraft over the park at an altitude of less than 609.6 m (2,000 feet) from the surface of the water or take off from or land in the park unless the person is the holder of a special activity permit authorizing this activity.

Speed Limits and Manoeuvres

19 Subject to section 20, no person shall operate a vessel in the park at a speed greater than 25 knots.

19.1 Despite sections 20 to 24, the operator of a vessel in the mouth of the Saguenay, as described in the schedule, shall not operate the vessel at a speed greater than 15 knots, or 20 knots in the case of vessels operating under a class 1 permit that require a speed greater than 15 knots in order to plane, during the period from May 1 to October 31 of each year.

20 The operator of a vessel shall not operate the vessel at a speed greater than 10 knots when it is in the observation zone of another vessel or in an observation area.

21 Despite section 20, the operator of a vessel that is between 100 and 400 m, in the case of a vessel operating under a class 1 permit, and between 200 and 400 m, in the case of any other vessel, from a cetacean other than a beluga, shall not

• (a) operate the vessel at a speed greater than the minimum speed required to manoeuvre the vessel; or

• (b) stop or start the vessel, or change its direction, in a repetitive manner.

22 If a vessel unexpectedly encounters a marine mammal, other than a beluga, at a distance of less than 400 m, the operator of the vessel, other than a human-powered vessel, shall reduce the speed of the vessel to a speed not greater than the minimum speed required to manoeuvre the vessel.

23 Subject to subsections 15(3) and 15.1(4) and section 22, the operator of a vessel, other than a human-powered vessel, that is less than one-half nautical mile (926 m) from a beluga shall not permit the vessel to remain stationary and shall operate it at a constant speed that is not less than 5 and not greater than 10 knots.

24 The operator of a vessel that is less than one-half nautical mile (926 m) from a beluga shall not change the direction of the vessel in a repetitive manner.

Observation Zones and Observation Areas

• 25 (1) The operator of a vessel shall not keep the vessel in observation mode for more than one hour or operate the vessel in the observation zone of another vessel or in an observation area for more than one hour.

• (2) The operator of a vessel shall not permit the vessel to re-enter the observation zone of another vessel or an observation area until one hour has elapsed after leaving that observation zone or observation area, as the case may be.

• 26 (1) The operator of a vessel operating under a class 1 permit shall not permit the vessel to approach a cetacean within a distance of between 100 and 200 m

  • (a) for more than two periods of 30 minutes each during each excursion; or

  • (b) more than once in the same observation zone or observation area.

• (2) The operator of a vessel operating under a class 1 permit shall — when the vessel is placed in observation mode, enters an observation zone or leaves an observation zone — indicate this to all other vessels nearby by the means of communication indicated in the permit under which the vessel is authorized to operate.

• (3) Despite section 25, the operator of a vessel operating under a class 2 permit shall not place the vessel in observation mode or enter the observation zone of any vessel.