Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)
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Assented to 2002-06-13
Canada National Marine Conservation Areas Act
S.C. 2002, c. 18
Assented to 2002-06-13
An Act respecting the national marine conservation areas of Canada
SUMMARY
This enactment provides authority for the establishment of national marine conservation areas, with the objective of protecting and conserving a variety of aquatic environments. The addition of each new marine conservation area will be subject to parliamentary approval. The enactment confers a range of regulatory powers for the protection of living and non-living marine resources and their management and use in a sustainable manner.
Preamble
Whereas the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity;
Whereas the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures;
And whereas Parliament wishes to affirm the need to
establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and are of sufficient extent and such configuration as to maintain healthy marine ecosystems,
ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas,
consider implications for ecosystems in the planning and management of marine conservation areas so established,
provide opportunities for the people of Canada and of the world to appreciate and enjoy Canada’s natural and cultural marine heritage,
recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities,
provide opportunities, through the zoning of marine conservation areas, for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities,
promote an understanding of the marine environment and provide opportunities for research and monitoring,
consider traditional ecological knowledge in the planning and management of marine conservation areas, and
involve federal and provincial ministers and agencies, affected coastal communities, aboriginal organizations, aboriginal governments, bodies established under land claims agreements and other appropriate persons and bodies in the effort to establish and maintain the representative system of marine conservation areas;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canada National Marine Conservation Areas Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“disposal”
« immersion »
“disposal” has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea.
“ecosystem”
« écosystème »
“ecosystem” means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit.
“enforcement officer”
« agent de l’autorité »
“enforcement officer” means a person designated under section 19 or belonging to a class of persons so designated.
“fishing”
« pêche »
“fishing” has the meaning given to that expression in the Fisheries Act.
“marine conservation area”
« aire marine de conservation »
“marine conservation area” means a national marine conservation area of Canada named and described in Schedule 1.
“marine conservation area warden”
« garde d’aire marine de conservation »
“marine conservation area warden” means a person designated under section 18.
“Minister”
« ministre »
“Minister” means the Minister of Canadian Heritage.
“public lands”
« terres domaniales »
“public lands” means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not subject to the terms of any agreement between the Government of Canada and the government of a province.
“reserve”
« réserve »
“reserve” means a national marine conservation area reserve of Canada named and described in Schedule 2.
“superintendent”
« directeur »
“superintendent” means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf.
“waste or other matter”
« déchets ou autres matières »
“waste or other matter” means waste or other matter listed in Schedule 5 to the Canadian Environmental Protection Act, 1999.
Marginal note:Aboriginal rights
(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Marginal note:Exclusive economic zone
(3) The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act.
Marginal note:Application of Act to reserves
(4) This Act applies to a reserve as if it were a marine conservation area.
HER MAJESTY
Marginal note:Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or of a province.
MARINE CONSERVATION AREAS
Marginal note:Purpose
4. (1) Marine conservation areas are established in accordance with this Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world.
Marginal note:Purpose of reserves
(2) Reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a marine conservation area is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.
Marginal note:Management and use
(3) Marine conservation areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column, with which they are associated.
Marginal note:Zones
(4) Each marine conservation area shall be divided into zones, which must include at least one zone that fosters and encourages ecologically sustainable use of marine resources and at least one zone that fully protects special features or sensitive elements of ecosystems, and may include other types of zones.
Marginal note:Establishment or enlargement
5. (1) Subject to section 7, for the purpose of establishing or enlarging a marine conservation area, consisting of submerged lands and waters within the internal waters, territorial sea or exclusive economic zone of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.
Marginal note:Title to lands
(2) An amendment to Schedule 1 under this section or subsection 6(2) may be made only if
(a) the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the marine conservation area, other than such lands situated within the exclusive economic zone of Canada;
(b) in a case where Her Majesty in right of a province had the administration and control of any of the lands to be included in the marine conservation area, the government of the province agreed to the use of those lands as a marine conservation area and transferred their administration and control to Her Majesty in right of Canada for that purpose; and
(c) the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled.
Marginal note:Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a marine conservation area, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the area or by altering the description of the area.
Marginal note:No reduction of area
(4) Except as provided by subsection (3), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a marine conservation area.
Marginal note:Establishment or enlargement of reserves
6. (1) Subject to section 7, for the purpose of establishing or enlarging a reserve, consisting of submerged lands and waters within the internal waters or territorial sea of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 2 by adding the name and a description of the reserve or by altering the description of the reserve.
Marginal note:Reserve becoming marine conservation area
(2) Where a claim described in subsection 4(2) is settled, the Governor in Council may, by order,
(a) amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve; and
(b) if the settlement provides that the reserve or part of it is to become a marine conservation area or part of one, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.
Marginal note:Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve.
Marginal note:No reduction of area
(4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a reserve.
Marginal note:Amendment to be tabled in Parliament
7. (1) Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be laid before each House of Parliament together with a report on the proposed marine conservation area or reserve, which report shall include
(a) information on consultations undertaken, including a list of the names of organizations and persons consulted, the dates of the consultation and a summary of their comments,
(b) any agreements reached respecting the establishment of the area or reserve,
(c) the results of any assessments of mineral and energy resources undertaken, and
(d) an interim management plan that sets out management objectives and a zoning plan,
and an amendment so laid stands referred to the standing committee of each House that normally considers matters relating to marine conservation areas or to such other committee as that House may designate for the purposes of this section.
Marginal note:Disapproval by committee
(2) The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.
Marginal note:Amendment allowed
(3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House.
Marginal note:Amendment not allowed
(4) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2).
ADMINISTRATION
Marginal note:Management by Minister
8. (1) The Minister is responsible for the administration, management and control of marine conservation areas in relation to matters not assigned by law to any other Minister of the Crown.
Marginal note:Administration of lands
(2) The Minister has the administration of public lands in marine conservation areas.
Marginal note:Facilities and research
(3) The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring and carry out studies based on traditional ecological knowledge, including traditional aboriginal ecological knowledge, in relation to marine conservation areas.
Marginal note:Agreements
(4) The Minister may enter into agreements with other federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act.
Marginal note:Management plans
9. (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament.
Marginal note:Review of management plans by Minister
(2) The Minister shall review the management plan of a marine conservation area at least every five years, and any amendments to the plan shall be tabled with the plan in each House of Parliament.
Marginal note:Primary considerations
(3) In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle.
Marginal note:Minister of Fisheries and Oceans
(4) Provisions of a management plan or interim management plan respecting fishing, aquaculture, fisheries management, marine navigation and marine safety are subject to agreement between the Minister and the Minister of Fisheries and Oceans.
Marginal note:Land claims agreements
(5) If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.
Marginal note:Consultation
10. (1) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate.
Marginal note:Progress reports
(2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas.
Marginal note:Area advisory committees
11. (1) The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area.
Marginal note:Other advisory committees
(2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.
Marginal note:Composition
(3) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees.
PROHIBITIONS
Marginal note:No disposition or use without authority
12. Except as permitted by this Act or the regulations,
(a) no interest in public lands in a marine conservation area may be disposed of; and
(b) no person shall use or occupy public lands in a marine conservation area.
Marginal note:Exploration and exploitation
13. No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area.
Marginal note:Disposal of substances
14. (1) No person shall dispose of any substance in waters within a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act.
Marginal note:Permits under CEPA, 1999
(2) No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1999 for disposal in the waters of a marine conservation area except with the concurrence of the Minister.
Marginal note:Permits and authorizations
15. (1) To the extent authorized by the regulations, the superintendent of a marine conservation area may issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area.
Marginal note:Fishing licences
(2) A fishing licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.
Marginal note:Superintendent may not amend
(3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act.
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