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.
- SOR/2016-257, s. 6
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.
- SOR/2016-257, s. 6
(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
(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:
(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
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.
- SOR/2016-257, s. 8
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.
(4) The operator or guide shall carry the certificate at all times when engaged in the activities referred to in the permit.
- SOR/2016-257, s. 9
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