Tang.ɢwan — ḥačxʷiqak — Tsigis Marine Protected Area Regulations (SOR/2024-122)

Marginal note:Approval

• 7 (1) The Minister must approve an activity plan if

  • (a) the scientific research or monitoring activities set out in the plan are not likely to destroy the habitat of any living marine organism in the Marine Protected Area and

    • (i) will serve to increase knowledge of the habitat of any living marine organism in the Marine Protected Area or the ecosystems these habitats support in the Marine Protected Area, or

    • (ii) will serve to assist in the management of the Marine Protected Area; and

  • (b) the educational activities set in out in the plan

    • (i) are not likely to damage, destroy or remove from the Marine Protected Area any living marine organism or any part of its habitat, and

    • (ii) will serve to increase public awareness of the Marine Protected Area; or

  • (c) the approval of the activity plan is necessary to be consistent with the United Nations Convention on the Law of the Sea, signed by Canada on December 10, 1982 or customary international law.

• Marginal note:Approval prohibited

  (2) However, the Minister must not approve an activity plan under paragraph 1(a) or (b) if

  • (a) the scientific research or monitoring activities set out in the plan are likely to adversely affect the ecological integrity of

    • (i) the Salty Dawg hydrothermal vent, being the area of the sea depicted in the schedule that is bounded by a series of rhumb lines drawn from points A to D and then back to point A, or

    • (ii) the High Rise hydrothermal vent, being the area of the sea depicted in the schedule that is bounded by a series of rhumb lines drawn from point E to H and then back to point E;

  • (b) any substance that may be deposited during the proposed activity is a deleterious substance as defined in subsection 34(1) of the Fisheries Act, unless the deposit of the substance is authorized under subsection 36(4) of that Act; or

  • (c) the cumulative environmental effects of the proposed activity, in combination with those of any other past and current activities carried out in the Marine Protected Area, are such that the activity is likely to

    • (i) destroy the habitat of any living marine organism in the Marine Protected Area, or

    • (ii) adversely affect the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, structural habitat or ecosystem function in the Marine Protected Area.

• Marginal note:Timeline for approval

  (3) The Minister’s decision in respect of an activity plan must be made within

  • (a) 90 days after the day on which the plan is received; or

  • (b) if amendments to the plan are made, 90 days after the day on which the amended plan is received.