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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

Permits (continued)

Transfer and Expiry of Permits

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

 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.

  •  (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

  •  (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.

  • SOR/2016-257, s. 9

Suspension and Cancellation of Certificate

  •  (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.

  • SOR/2016-257, s. 9

Log Book

  •  (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.

  • SOR/2016-257, s. 9

Equipment

  •  (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.

  • SOR/2016-257, s. 9

Flag

 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.

  • SOR/2016-257, s. 9

Identification

  •  (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.

  • SOR/2016-257, s. 9

Prohibited Conduct and Controlled Activities

Disturbance of Marine Mammals

  •  (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.

  • SOR/2016-257, s. 10

Temporary Exclusion Area

 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.

  • SOR/2016-257, s. 11

 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.

  • SOR/2016-257, s. 11
  •  (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.

  • SOR/2016-257, s. 11

Prohibition

 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.

  • SOR/2016-257, s. 11

Distance Requirements

  •  (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.

  • SOR/2016-257, s. 11
  •  (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.

  • SOR/2016-257, s. 11

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

  • SOR/2016-257, s. 11

Concentration of Vessels

 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.

  • SOR/2016-257, s. 11

 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.

  • SOR/2016-257, s. 11

Aircraft

 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.

  • SOR/2016-257, s. 11

Speed Limits and Manoeuvres

[
  • SOR/2016-257, s. 12
]

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

 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.

  • SOR/2016-257, s. 13

 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.

  • SOR/2016-257, s. 13

 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.

  • SOR/2016-257, s. 14
 
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