Tarium Niryutait Marine Protected Areas Regulations (SOR/2010-190)

7 The following activities may be carried out in the Areas:

• (a) fishing in accordance with the Agreement;

• (b) dredging

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act and the Fisheries Act and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (c) fishing in accordance with the Fisheries Act and its regulations;

• (d) a scientific activity that is carried out in accordance with the Fisheries Act and its regulations or

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority, and

  • (ii) that is carried out for the purpose of managing the Areas or for monitoring the effectiveness of conservation measures implemented in the Areas;

• (e) a geophysical operation, as defined in section 2 of the Canada Oil and Gas Geophysical Operations Regulations,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (f) exploratory drilling for oil or gas in the Special Management Zones of the Okeevik Marine Protected Area

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (g) oil or gas production in the Special Management Zones of the Okeevik Marine Protected Area,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (h) the construction or decommissioning of an oil or gas pipeline

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (i) the maintenance of an oil or gas pipeline,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (j) any movement or other activity of a ship, submarine or aircraft if the movement or other activity is carried out for the purpose of

  • (i) public safety, law enforcement or national security or for the exercise of Canadian sovereignty and the ship, submarine or aircraft is owned or operated by or on behalf of Her Majesty in right of Canada or by a foreign military force acting in cooperation with, or under the command or control of, the Canadian Forces, or

  • (ii) an emergency response under the direction, command or control of the Canadian Coast Guard; and

• (k) any activity carried out for the purpose of public health and safety.