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

Regulations are current to 2020-10-05 and last amended on 2017-01-01. Previous Versions

Permits (continued)

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
 
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