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Order Designating the Tuvaijuittuq Marine Protected Area (SOR/2019-282)

Regulations are current to 2020-03-05

Order Designating the Tuvaijuittuq Marine Protected Area

SOR/2019-282

OCEANS ACT

Registration 2019-07-30

Order Designating the Tuvaijuittuq Marine Protected Area

Whereas this Order designates the Tuvaijuittuq Marine Protected Area in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament;

Therefore, the Minister of Fisheries and Oceans, pursuant to 35.1(2)Footnote a of the Oceans ActFootnote b, makes the annexed Order Designating the Tuvaijuittuq Marine Protected Area.

Ottawa, July 29, 2019

Jonathan Wilkinson
Minister of Fisheries and Oceans

Marginal note:Definition of Marine Protected Area

 In this Order, Marine Protected Area means the area of the sea that is designated by section 2.

Marginal note:Marine Protected Area

  •  (1) The area of the sea in the Arctic Ocean consisting of the waters off northern Ellesmere Island, as described in plan number FB42596, certified on July 16, 2019 and depicted in plan number CLSR 108395, which plans are deposited in the Canada Lands Surveys Records, is designated as the Tuvaijuittuq Marine Protected Area.

  • Marginal note:Seabed, subsoil and water column

    (2) The Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column, including the sea ice, each of which is below the low-water line.

Marginal note:Ongoing activities

 For the purposes of subsection 35.1(2) of the Oceans Act, the following classes of activities are ongoing activities in the Marine Protected Area:

  • (a) national defence activities carried out by the Department of National Defence; and

  • (b) marine scientific research activities.

Marginal note:Prohibitions

  •  (1) It is prohibited in the Marine Protected Area to carry out any activity — other than those set out in section 3 — that disturbs, damages, destroys or removes from the Marine Protected Area any unique geological or archeological features or any living marine organism or any part of its habitat, or is likely to do so.

  • Marginal note:Exemption

    (2) Despite subsection (1), the following activities may be carried out in the Marine Protected Area:

    • (a) marine navigation by a foreign national, a foreign ship or a foreign state, or an entity incorporated or formed by or under the laws of a country other than Canada; and

    • (b) the laying, maintenance and repair of cables and pipelines by a foreign state.

Marginal note:Non-application – Nunavut Agreement

 This Order does not apply with respect to the wildlife harvesting rights of the Inuit in the Nunavut Settlement Area, as provided for in the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, as approved, given effect and declared valid by the Nunavut Land Claims Agreement Act.

Marginal note:Coming into force

 This Order comes into force on the day on which it is registered.

 
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