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

Regulations are current to 2022-06-20 and last amended on 2017-01-01. Previous Versions

Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

SOR/2002-76

SAGUENAY-ST. LAWRENCE MARINE PARK ACT

Registration 2002-02-20

Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

P.C. 2002-201  2002-02-20

Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 17 of the Saguenay-St. Lawrence Marine Park ActFootnote a, hereby makes the annexed Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations.

Interpretation

 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commercial vessel[Repealed, SOR/2016-257, s. 1]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disturbance of a marine mammal[Repealed, SOR/2016-257, s. 1]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endangered marine mammal[Repealed, SOR/2016-257, s. 1]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Fjord[Repealed, SOR/2016-257, s. 1]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)

  • SOR/2016-257, s. 1

Application

  •  (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.

  • SOR/2016-257, s. 2

Permits

General

  •  (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.

  • SOR/2016-257, s. 3

 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

  •  (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.

  • SOR/2016-257, s. 4

Application for Permit

  •  (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.

  • SOR/2016-257, s. 5

Issuance of Permits

 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.

  • SOR/2016-257, s. 6

Conditions

 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.

  • SOR/2016-257, s. 6
  •  (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.

  • SOR/2016-257, s. 6

Suspension and Cancellation of Permits

  •  (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.

  • SOR/2016-257, s. 7
 
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