Experimental Lakes Area Research Activities Regulations (SOR/2014-95)

Regulations are current to 2019-07-01

Experimental Lakes Area Research Activities Regulations

SOR/2014-95

FISHERIES ACT

Registration 2014-04-17

Experimental Lakes Area Research Activities Regulations

Whereas the Governor in Council has made the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act under subsection 36(5.1)Footnote a of the Fisheries ActFootnote b;

And whereas the conditions established in those Regulations for the exercise of the Minister’s regulation-making power under subsection 36(5.2)Footnote a of that Act have been met;

Therefore, the Minister of the Environment, pursuant to subsection 36(5.2)Footnote a of the Fisheries ActFootnote b, makes the annexed Experimental Lakes Area Research Activities Regulations.

Ottawa, April 16, 2014

LEONA AGLUKKAQ
Minister of the Environment

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Fisheries Act. (Loi)

aquatic research project

aquatic research project means a project that involves the deposit of a deleterious substance in water frequented by fish and any monitoring related to that project. (projet de recherche aquatique)

deleterious substance

deleterious substance has the same meaning as in subsection 34(1) of the Act. (substance nocive)

Director

Director means the Director, Forest Products and Fisheries Act Division, Industrial Sectors Directorate, Environmental Stewardship Branch, Department of the Environment. (directeur)

Experimental Lakes Area

Experimental Lakes Area means the area located in Ontario and comprising the lakes set out in Schedule 1 and the streams set out in Schedule 2. (Région des lacs expérimentaux)

operator

operator means the person who manages the Experimental Lakes Area. (exploitant)

Marginal note:Application

 These Regulations apply in respect of the Experimental Lakes Area.

Marginal note:Authority to deposit deleterious substance

 A deleterious substance may be deposited in the Experimental Lakes Area during the course of an aquatic research project if the purpose of the deposit is solely for scientific research and the conditions set out in sections 4 to 7 are met.

Marginal note:Condition — annual report

 The operator must, not later than March 31 of each year, submit to the Director a report for the preceding calendar year containing the following information:

  • (a) the name of the operator;

  • (b) the operator’s contact information, including their address and telephone number, and email address, if any;

  • (c) the name and resumé, including a list of publications, of each person responsible for the supervision of every aquatic research project conducted in the Experimental Lakes Area;

  • (d) contact information for each person referred to in paragraph (c), including their address and telephone number, and email address, if any;

  • (e) the reporting period;

  • (f) the date of the report;

  • (g) the number of aquatic research projects conducted during the reporting period; and

  • (h) the following information in respect of each aquatic research project conducted during the reporting period:

    • (i) the title,

    • (ii) the starting date and the actual or projected ending date,

    • (iii) the name and affiliation of the lead researcher,

    • (iv) a summary of the project, including how it has contributed or will contribute to the development of knowledge for the purpose of managing, conserving, protecting or restoring fish populations or water frequented by fish,

    • (v) for each deposit, if any, made in the course of the project, the date and duration of the deposit, the location of the deposit, consisting of the lake or stream where the deposit is made and its latitude and longitude, the substance deposited and the amount deposited or the concentration of the substance in the deposit along with the flow rate of the deposit,

    • (vi) a summary of the findings up to the end of the reporting period,

    • (vii) a list of publications related to the project, if any, and

    • (viii) a summary of any measures put in place to limit the harmful effects of any deposit on fish populations and water frequented by fish.

Marginal note:Condition — emergency response plan

  •  (1) The operator must prepare an emergency response plan, update it annually and make it readily available on site to the persons who are to implement it.

  • Marginal note:Elements of the plan

    (2) The emergency response plan must include the following elements:

    • (a) the identification of the risks for potential unanticipated deposits that could reasonably be expected to have harmful effects on fish, fish habitat or the use of fish by man;

    • (b) a description of the processes put in place to prevent, prepare for and respond to those risks;

    • (c) a list of individuals who are to be responsible for implementing the plan and a description of their roles and responsibilities;

    • (d) the identification of the training required for those individuals; and

    • (e) alerting and notification procedures, including the measures to be taken to notify members of the public who may be adversely affected by the unanticipated deposits referred to in paragraph (a).

Marginal note:Condition — requirement to notify

 The operator must notify a fishery officer or an inspector in writing as soon as feasible in the event of unanticipated morbidity and mortality in fish that occurs as a result of any aquatic research project conducted in the Experimental Lakes Area.

Marginal note:Time limit for notification

 The operator must notify the Director in writing if the processes referred to in section 3 of the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act change in a way that could result in a failure to meet one or more of the conditions set out in that section, and must do so not later than 10 business days after that change occurs.

Marginal note:Coming into force

 These Regulations come into force on the day on which they are registered.

 
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