Scott Islands Protected Marine Area Regulations (SOR/2018-119)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

aircraft

aircraft includes an air vehicle which does not have a pilot on board. (aéronef)

Protected Marine Area

Protected Marine Area means the Scott Islands Protected Marine Area established by order of the Governor in Council. (zone marine protégée)

vessel

vessel means a boat, ship or craft that is designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method of propulsion or lack of it, and includes any such vessel that is under construction, but does not include a floating object of a prescribed class established under the Canada Shipping Act, 2001. (bâtiment)

Prohibitions

Marginal note:Prohibited activities

• 2 (1) It is prohibited to

  • (a) carry out any activity that is likely to disturb, damage or destroy wildlife or its habitat in the Protected Marine Area or to remove wildlife or its habitat from the Protected Marine Area;

  • (b) dump or discharge any waste material or substance that is likely to harm wildlife or degrade the quality of wildlife habitat in the Protected Marine Area;

  • (c) introduce any living organism that is likely to harm wildlife or degrade the quality of wildlife habitat in the Protected Marine Area;

  • (d) fly an aircraft above the flight restriction zone described in subsection (2) at an altitude that is below 3500 feet above mean sea level;

  • (e) be within 300 metres of the low water mark of the Triangle, Sartine or Beresford Islands; or

  • (f) anchor a vessel of more than 400 gross tonnes within one nautical mile (1852 metres) of the low water mark of the Triangle, Sartine or Beresford Islands.

• Marginal note:Flight restriction zone

  (2) The flight restriction zone depicted in the schedule is the part of the Protected Marine Area that is bounded by a line, based on the North American Datum 1983, Canadian Spatial Reference System (NAD83 CSRS) 1997 epoch, commencing at latitude 50°49′22″ north and longitude 128°31′29″ west, then along a rhumb line to a point at latitude 50°56′14″ north and longitude 129°05′39″ west, then along a rhumb line to a point at latitude 50°50′14″ north and longitude 129°08′22″ west, then along a rhumb line to a point at latitude 50°43′22″ north and longitude 128°34′47″ west and then along a rhumb line to the point of commencement.

Marginal note:Exception — public safety, national security or emergency

3 Section 2 does not apply in respect of an activity carried out for the purpose of public safety or national security or in response to an emergency.

Marginal note:Exception — foreign vessels or aircraft

4 Section 2 does not apply in respect of activities of foreign vessels or aircraft in the part of the Protected Marine Area situated within the exclusive economic zone of Canada, unless the application of that section is consistent with Article 56 of the United Nations Convention on the Law of the Sea, signed by Canada on December 10, 1982.

Marginal note:Exception — fishing and navigation

5 Paragraphs 2(1)(a) and (b) do not apply in respect of

• (a) fishing carried out in accordance with the Coastal Fisheries Protection Act and the Fisheries Act;

• (b) the navigation of a vessel in accordance with the Canada Shipping Act, 2001; or

• (c) the navigation of a vessel that belongs to a foreign military force or that belongs to or is under the command of the Canadian Forces.

Marginal note:Exceptions — certain federal or provincial officers or employees

6 Paragraphs 2(1)(d) and (e) do not apply in respect of

• (a) a federal or provincial enforcement officer when they are performing their duties or functions or a person who is acting under their direction or control; or

• (b) an employee or officer of the government of British Columbia who, in the course of performing their duties or functions, is carrying out an activity for the purpose of wildlife research or the conservation or interpretation of wildlife, or a person who is acting under the direction or control of that employee or officer.

Permits

Issuance

Marginal note:Minister’s power

• 7 (1) Despite section 2, the Minister may, on application, issue a permit authorizing any person or government body to carry out an activity described in that section if

  • (a) the purpose of the proposed activity is to promote the conservation of wildlife or its habitat in the Protected Marine Area, the proposed activity is likely to provide benefits for the conservation of that wildlife or habitat that outweigh any adverse effects that it is likely to have on them and there is no alternative to the proposed activity that is likely to provide the same or equivalent benefits but that is likely to have less significant adverse effects on that wildlife or habitat; or

  • (b) the adverse effects that the proposed activity is likely to have on wildlife or its habitat in the Protected Marine Area do not compromise their conservation, or are not likely to do so as a result of the applicant taking the measures described in paragraph (2)(d), and there is no alternative to the proposed activity that allows the applicant to achieve the same outcome but that is likely to have less significant adverse effects on that wildlife or habitat.

• Marginal note:Information to be provided

  (2) The application must include the following information:

  • (a) the applicant’s contact information;

  • (b) details regarding the activity that the applicant proposes to carry out, including

    • (i) the purpose of the activity,

    • (ii) the location where it will be carried out,

    • (iii) the conveyances that will be used,

    • (iv) the types of equipment that will be used, and

    • (v) the number of persons who will be carrying out the activity and their qualifications;

  • (c) details regarding the effects that the activity is likely to have on wildlife or its habitat in the Protected Marine Area, including

    • (i) the likelihood that the effects will occur and their scope, and

    • (ii) the likely effects on birds or their habitat or on species that are a significant source of food for birds; and

  • (d) details regarding the measures that will be taken by the applicant to monitor the effects described in paragraph (c) and to prevent or, if prevention is not feasible, mitigate any adverse effects.

Marginal note:Criteria — evaluating effects

8 The Minister must, in evaluating the likely effects of a proposed activity on wildlife or its habitat in the Protected Marine Area and determining if the effects are adverse, consider the following:

• (a) the likelihood that the effects will occur and their scope;

• (b) the capacity of wildlife to recover or its habitat to be restored, if the effects occur;

• (c) the likely effects on birds or their habitat or on species that are a significant source of food for birds; and

• (d) the cumulative effects of the proposed activity when combined with the effects of other activities carried out in the Protected Marine Area.

Conditions

Marginal note:Mandatory conditions

9 A permit must include the following conditions:

• (a) the permit holder must notify the Minister of any change to any information provided in the application for the permit; and

• (b) each individual who carries out an activity authorized by the permit must carry a copy of the permit on their person at all times when in the Protected Marine Area.

Marginal note:Other conditions

10 A permit may include any other conditions with respect to

• (a) the locations, dates, duration and frequency of the activity that may be carried out and the types of equipment or conveyances that may be used;

• (b) the name and type of any vessel that may be used to carry out the activity, the State in which it is registered, its registration number, radio call sign and the name and address of its owner, master and operator;

• (c) the measures that the permit holder must take to

  • (i) monitor the effects that the activity is likely to have on wildlife or its habitat in the Protected Marine Area, and

  • (ii) prevent or, if prevention is not feasible, mitigate any adverse effects;

• (d) the reports that the permit holder must provide to the Minister with respect to the activity, including its actual and likely effects on wildlife or its habitat in the Protected Marine Area; and

• (e) the minimum or maximum number of persons that may carry out the activity and the qualifications they are required to possess.

Expiry

Marginal note:Maximum duration of permit

11 A permit expires on the fifth anniversary of the day on which it is issued or the date of expiry set out in the permit, whichever is earlier.

Suspension and Cancellation

Marginal note:Suspension

• 12 (1) The Minister may suspend a permit if

  • (a) it is necessary to do so for the conservation of wildlife or its habitat in the Protected Marine Area, particularly in relation to birds or species that are a significant source of food for birds; or

  • (b) the permit holder has failed to comply with any condition of the permit.

• Marginal note:Period of suspension

  (2) The permit is suspended until the day on which the Minister notifies the permit holder that the suspension of the permit is lifted.

• Marginal note:Lifting of suspension

  (3) The Minister must lift the suspension when the grounds for the suspension no longer exist or when the permit holder has taken the measures that are necessary to remedy the situation.

Marginal note:Cancellation

13 The Minister may cancel a permit if

• (a) it is necessary to do so for the conservation of wildlife or its habitat in the Protected Marine Area, particularly in relation to birds or species that are a significant source of food for birds;

• (b) there are grounds on which to suspend the permit under subsection 12(1) and the permit has been suspended at least twice before;

• (c) the permit has been suspended for at least six months; or

• (d) the permit holder has provided false or misleading information.

Coming into Force

Marginal note:Publication

Footnote ^*14 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

• Return to footnote ^*[Note: Regulations in force June 27, 2018.]