Application

National Strategy

Designation of Marine Protected Areas

Marginal note:Definitions

• 35.1 (1) The following definitions apply in this section.

  foreign national

  foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)

  foreign ship

  foreign ship means a ship that is a foreign vessel, as defined in section 2 of the Canada Shipping Act, 2001. (navire étranger)

  ongoing

  ongoing means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity

  • (a) was lawfully carried out in the year immediately before the day on which the order comes into force and does not require an authorization, including a permit or licence, under any applicable federal laws or laws of a province;

  • (b) was lawfully carried out in the year immediately before the day on which the order comes into force and was authorized, including by a permit or licence, under any applicable federal laws or laws of a province; or

  • (c) was not carried out before the day on which the order comes into force, but was authorized and continues to be authorized, including by a permit or licence, under any applicable federal laws or laws of a province. (en cours)

• Marginal note:Designation of marine protected area — Minister’s order

  (2) The Minister may, by order, designate a marine protected area in any area of the sea that is not designated as a marine protected area under paragraph 35(3)(a), 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 and, in that order, the Minister

  • (a) shall list the classes of activities that are ongoing activities in the marine protected area;

  • (b) shall prohibit, in the marine protected area, any activity that is not part of a class of activities set out in paragraph (a) and that disturbs, damages, destroys or removes from that 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;

  • (c) may prohibit, in the marine protected area, any activity that is part of a class of activities set out in paragraph (a) and that is governed by an Act of Parliament under which the Minister is responsible for the management, conservation or protection of fisheries resources; and

  • (d) may exempt from the prohibition in paragraph (b) or (c), subject to any conditions that the Minister considers appropriate, any activity referred to in those paragraphs in the marine protected area by a foreign national, an entity incorporated or formed by or under the laws of a country other than Canada, a foreign ship or a foreign state.

• Marginal note:Exceptions

  (3) The prohibitions set out in an order made under subsection (2) do not apply to the following activities:

  • (a) activities that are carried out in response to an emergency situation or that are carried out by or on behalf of Her Majesty for the purpose of public safety, national defence, national security or law enforcement; and

  • (b) marine scientific research activities that are consistent with the purpose of the designation of the marine protected area and that are authorized under federal laws or laws of a province, if required to be so authorized.

• Marginal note:Publication of report

  (4) If an order is made under subsection (2), the Minister shall publish, in any manner that the Minister considers appropriate, a report

  • (a) indicating the area of the sea designated in the order;

  • (b) summarizing the consultations undertaken prior to making the order; and

  • (c) summarizing the information that the Minister considered when making the order, which may include environmental, social, cultural or economic information.

Marginal note:Powers, duties and functions

35.2 The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2).

Marginal note:Recommendation of Minister

• 35.3 (1) The Minister shall, not later than the fifth anniversary of the day on which an order under subsection 35.1(2) comes into force,

  • (a) recommend to the Governor in Council that the Governor in Council make a regulation under subsection 35(3) to designate a marine protected area covering at least part of the area of the sea that is designated by the order made under subsection 35.1(2); or

  • (b) repeal the order.

• Marginal note:Repeal of Minister’s order

  (2) The Governor in Council may repeal the order if the Governor in Council makes a regulation referred to in paragraph (1)(a).

• Marginal note:Inconsistency

  (4) In the event of any inconsistency between an order made under subsection (1) and an order made under subsection 35.1(2), the order made under subsection (1) prevails to the extent of the inconsistency.

Administration and Enforcement

Designation

Marginal note:Enforcement officers

• 39 (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act and the regulations.

Enforcement Officer’s Powers

Direction and Detention of Ships

Marginal note:Direction of ship to place

39.2 An enforcement officer may direct a ship to move to any place in Canadian waters or the exclusive economic zone of Canada if they have reasonable grounds to believe that the ship or a person on board the ship has committed, is committing or is about to commit an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was, is being or is about to be used in connection with the commission of the offence.

Marginal note:Detention order to ship

• 39.21 (1) An enforcement officer may make a detention order in relation to a ship if they have reasonable grounds to believe that the ship or a person on board the ship has committed an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was used in connection with the commission of the offence.

• Marginal note:Order in writing

  (2) The detention order shall be in writing and addressed to all persons, at any port in Canada where the ship to which the order relates is or will be located, who are empowered to give a clearance in respect of the ship.

• Marginal note:Service of order

  (3) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or another officer, the authorized representative, the owner or the operator of the ship, or if service cannot reasonably be effected personally, by posting a copy of the notice on any conspicuous part of the ship.

• Marginal note:Duty after service of order

  (4) Once notice of the detention order is served on any person referred to in subsection (3), the ship shall not move, other than in accordance with any conditions specified in the order, until the order has been rescinded.

• Marginal note:No clearance after receiving order

  (5) Subject to subsection (6), a person who has received the detention order shall not give clearance to the ship to which the order relates.

• Marginal note:When clearance may be given

  (6) A person who has received the detention order may give clearance to the ship to which the order relates if

  • (a) neither the ship nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made;

  • (b) within 30 days after the day on which the order is made, the ship or a person is charged with the offence and every accused has appeared in Canada to answer to the charge;

  • (c) Her Majesty in right of Canada is given security, in a form determined by the Minister, for payment of the maximum fine that may be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Minister;

  • (d) all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or

  • (e) the order is rescinded by an enforcement officer.

Compliance Orders

Marginal note:Compliance order

• 39.22 (1) If an enforcement officer has reasonable grounds to believe that a person is committing an offence under this Act — or is about to commit an offence under this Act — the enforcement officer may issue a compliance order directing any person described in subsection (3) to take, at their own expense, any of the measures referred to in subsection (4) that the enforcement officer believes are reasonable in the circumstances, and consistent with the protection and preservation of the marine environment and with public safety, in order to cease the commission of the offence or to refrain from committing it.

• Marginal note:Order to ship

  (2) For the purposes of subsection (1), an order is deemed to have been given to the ship and is binding on it, if

  • (a) the order is given to the master or another officer, the authorized representative, the owner or the operator of the ship; or

  • (b) in the case of an order that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, the order is posted on any conspicuous part of the ship.

• Marginal note:Persons subject to compliance order

  (3) Subsection (1) applies to any person who causes or contributes to, or is likely to cause or contribute to, the offence.

• Marginal note:Specific measures

  (4) The compliance order may require that the person to whom it is directed take one or more of the following measures:

  • (a) do anything to comply with this Act or the regulations;

  • (b) refrain from doing anything in contravention of this Act or the regulations;

  • (c) cease any activity for a specified period or until the enforcement officer is satisfied that the activity is in compliance with this Act and the regulations;

  • (d) move any conveyance to a location by the route and in the manner that the enforcement officer specifies;

  • (e) unload or reload the contents of any conveyance; and

  • (f) take any other reasonable measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the marine environment damaged by the offence or to protect the components of the marine environment that would be put at risk if the offence were committed — including

    • (i) maintaining records on any relevant matter,

    • (ii) reporting periodically to the enforcement officer, and

    • (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer that sets out any action to be taken by the person with respect to the subject-matter of the order.

• Marginal note:Contents of compliance order

  (5) Subject to section 39.23, the compliance order shall be made in writing and shall set out

  • (a) the name of the person or persons to whom it is directed;

  • (b) the provisions of this Act or the regulations, or the order made under subsection 35.1(2) or 36(1), that has been or that is about to be contravened;

  • (c) the relevant facts surrounding the offence described in subsection (1);

  • (d) the measures to be taken; and

  • (e) the time or the day when each measure is to begin or the period during which it is to be carried out.

• Marginal note:Statutory Instruments Act

  (6) A compliance order is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Order given orally

• 39.23 (1) In the case of exigent circumstances, a compliance order may be given orally on the condition that it is followed, within seven days after the day on which the oral order was issued, by a written order issued in accordance with section 39.22.

• Marginal note:Exigent circumstances

  (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 39.22(5) would result in danger to human life or the marine environment.

Marginal note:Compliance with compliance order

• 39.24 (1) A person to whom a compliance order is issued shall, immediately on receipt of the order or a copy of it, or on being given an order orally under subsection 39.23(1), comply with the order.

• Marginal note:No bar to proceedings

  (2) The issuance of, or compliance with, a compliance order is not a bar to any proceedings against the person under this or any other Act in relation to the offence described in subsection 39.22(1).

Marginal note:Intervention by enforcement officer

• 39.25 (1) If a person to whom a compliance order is issued fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken.

• Marginal note:Access to property

  (2) An enforcement officer or other person authorized by an enforcement officer to take measures under subsection (1) may enter and have access to any place, other than a dwelling-place, and may do any reasonable thing that may be necessary in the circumstances.

• Marginal note:Personal liability

  (3) A person, other than a person described in subsection 39.22(3), who provides assistance or advice to the enforcement officer in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 39.26 (1) Her Majesty in right of Canada may recover the costs and expenses of, and any costs and expenses incidental to, any measures taken under subsection 39.25(1) from any person referred to in subsection 39.22(3).

• Marginal note:Costs reasonably incurred

  (2) The costs and expenses may be recovered only to the extent that they can be established to have been reasonably incurred in the circumstances.

• Marginal note:Liability

  (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.

• Marginal note:Procedure

  (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• Marginal note:Limitation and prescription

  (6) If events giving rise to a claim under this section occur, proceedings in respect of the claim may be commenced not later than five years after the day on which the events occur.

Things Seized, Detained, Abandoned or Forfeited

Marginal note:Liability for costs

39.5 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, detention, abandonment, forfeiture or disposition incurred by Her Majesty in right of Canada in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.

Offences and Punishment

Marginal note:Offence and punishment — persons

• 39.6 (1) Every individual or corporation that contravenes subsection 39.21(5) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), or an order made under subsection 35.1(2) or 36(1) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

    • (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

    • (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:Offence and punishment — ship

  (2) Every ship that contravenes subsection 39.21(4) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), an order made under subsection 35.1(2) or 36(1) or a direction made under section 39.2 is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of a ship of 7 500 tonnes deadweight or more,

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (ii) in the case of a ship of less than 7 500 tonnes deadweight,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of a ship of 7 500 tonnes deadweight or more,

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (ii) in the case of a ship of less than 7 500 tonnes deadweight,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:Offence and punishment — persons

  (3) Every individual or corporation that contravenes subsection 39(6) or a regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not more than $500,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not more than $100,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $200,000.

• Marginal note:Offence and punishment — ship

  (4) Every ship that contravenes any regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not more than $500,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not more than $100,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $200,000.

• Marginal note:Small revenue corporation status

  (5) For the purposes of subsection (1), a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the year immediately before the day on which the offence is committed — or, if the offence is committed on more than one day, for the year immediately before the first day on which the offence is committed — were not more than $5,000,000.

• Marginal note:Non-application

  (6) The minimum amounts of fines set out in this section do not apply to any proceeding brought in accordance with subsection 39.93(1) or under the Contraventions Act.

Marginal note:Liability of directors, officers or agents or mandataries

39.61 If a corporation or a ship owned or operated by a corporation commits an offence under section 39.6, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by that section for an individual in respect of the offence committed by the corporation or the ship, whether or not the corporation or the ship has been prosecuted or convicted.

Marginal note:Liability of owners, operators, masters and chief engineers of ships

39.62 If a ship commits an offence under section 39.6 and the owner, operator, master or chief engineer of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, operator, master or chief engineer, as the case may be, is a party to and guilty of the offence and is liable on conviction to the penalty provided for by that section for an individual who commits an offence under that section, whether or not the ship has been prosecuted or convicted.

Marginal note:Defence

• 39.63 (1) A person shall not be found guilty of an offence under section 39.6, other than an offence consisting of a contravention of subsection 39(6), if the person establishes that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Defence — ship

  (2) If a ship is prosecuted for an offence, only the persons referred to in subsection 39.67(5) may establish, for the purposes of subsection (1), that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Contravention of unpublished order

  (3) A person shall not be found guilty of an offence consisting of a contravention of an order made under subsection 36(1) that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that reasonable steps had been taken before that time to bring the purport of the order to the attention of those persons likely to be affected by it.

Marginal note:Continuing offence

• 39.64 (1) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

• Marginal note:Fines cumulative

  (2) If a person is convicted of an offence involving more than one animal, plant, other organism or object, the fine to be imposed in respect of that offence may be, despite section 39.6, the total of the fines that would have been imposed if each of the animals, plants, organisms or objects had been the subject of a separate information.

• Marginal note:Additional fine

  (3) If a person is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order them to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under section 39.6.

• Marginal note:Deeming — second and subsequent offence

  (4) A conviction for a particular offence under section 39.6 is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the person has been previously convicted — under any Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation — of a substantially similar offence.

• Marginal note:Application

  (5) Subsection (4) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under an Act of a provincial legislature.

Marginal note:Relief from minimum fine

39.65 The court may impose a fine that is less than the minimum amount provided for in section 39.6 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship to the person who has been convicted of an offence. The court shall provide reasons if it imposes a fine that is less than the minimum amount.

Marginal note:Application of fines

• 39.66 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to the conservation, protection or restoration of marine protected areas, or for administering that Fund.

• Marginal note:Recommendations of court

  (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).

Marginal note:Application to ships

• 39.67 (1) The provisions of this Part — and those of any regulations or orders made under this Part or any regulations made under section 52.1 — relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require.

• Marginal note:Application of Criminal Code

  (2) The provisions of the Criminal Code relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require.

• Marginal note:Service

  (3) When a ship is charged with an offence under section 39.6, the summons may be served by leaving it with the master or another officer, the authorized representative, the owner or the operator of the ship, or if it cannot reasonably be left with any of those persons, by posting a copy of it on any conspicuous part of the ship.

• Marginal note:Appearance at trial

  (4) If a ship is charged with an offence under section 39.6, the ship may appear by counsel or representative before the court. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

• Marginal note:Proof of offence by ship

  (5) If a ship is prosecuted for an offence under section 39.6, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any other person on board the ship, whether or not the person on board has been identified or has been prosecuted for the offence.

• Marginal note:Direction binding ship

  (6) For the purpose of prosecuting a ship for contravening a direction made under section 39.2, any direction made under that section that is given to the master or another officer, the authorized representative, the owner or the operator of the ship is deemed to have been given to the ship and is binding on it.

• Marginal note:Notice of detention order binding ship

  (7) For the purpose of prosecuting a ship for contravening of subsection 39.21(4), the notice of the detention order served in accordance with subsection 39.21(3) is deemed to have been served on the ship and is binding on it.

Marginal note:Sentencing principles

• 39.68 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:

  • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

  • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

• Marginal note:Aggravating factors

  (2) The aggravating factors to be considered by the court in respect of a person convicted of an offence are the following:

  • (a) the offence caused damage or a risk of damage to any marine resource, habitat or ecosystem;

  • (b) the offence caused damage or a risk of damage to any unique, rare, particularly important or vulnerable marine resource, habitat or ecosystem;

  • (c) the damage caused by the offence is extensive, persistent or irreparable;

  • (d) the person committed the offence intentionally or recklessly;

  • (e) the person failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;

  • (f) by committing the offence or failing to take action to prevent its commission, the person increased revenue or decreased costs or intended to increase revenue or decrease costs;

  • (g) the person committed the offence despite having been warned by the Minister or an enforcement officer of the circumstances that subsequently became the subject of the offence;

  • (h) the person has a history of non-compliance with an Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation; and

  • (i) after committing the offence, the person

    • (i) attempted to conceal its commission,

    • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

    • (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

• Marginal note:Absence of aggravating factor

  (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

• Marginal note:Definition of damage

  (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value.

• Marginal note:Reasons

  (5) If the court decides not to increase the amount of the fine despite being satisfied of the existence of one or more of the aggravating factors set out in subsection (2), the court shall provide reasons for that decision.

Marginal note:Limitation period

39.92 Proceedings by way of summary conviction in respect of an offence may be commenced not later than five years after the day on which the offence was committed.

Marginal note:Negotiations for compensation

• 12.1 (1) The Minister may enter into negotiations with an interest owner, in respect of all or any portion of the frontier lands subject to the interest, for a determination of any compensation that may be granted to the interest owner for the surrender of the interest to Her Majesty in right of Canada, if

  • (a) the interest is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that, in the opinion of the Minister of Fisheries and Oceans, may be designated as a marine protected area under that Act; and

  • (b) the Minister of Fisheries and Oceans recommends that the interest be cancelled to give effect to the purpose of the designation or proposed designation of the marine protected area under section 35 of the Oceans Act.

• Marginal note:Notice

  (2) For the purposes of subsection (1), the Minister shall send a notice to the interest owner informing the interest owner of the Minister’s intent to enter into negotiations with the interest owner within the period specified in the notice.

• Marginal note:Power to cancel

  (3) The Minister may, by order, cancel the interest in respect of all or any portion of the frontier lands, if

  • (a) the interest owner did not enter into negotiations with the Minister within the period specified in the notice sent to the interest owner;

  • (b) in the opinion of the Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or

  • (c) in the opinion of the Minister, the negotiations do not result in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations.

• Marginal note:Amount of compensation

  (4) The Minister shall, in the order, specify the amount of the compensation to be granted to the interest owner in respect of the cancellation of the interest.

• Marginal note:Interest becomes reserve lands

  (5) If the interest referred to in subsection (1) is surrendered or cancelled in respect of all or any portion of the frontier lands, the lands or portions of lands that are subject to the interest become Crown reserve lands.

• Marginal note:Return of deposit

  (6) If the interest referred to in subsection (1) is surrendered or cancelled, any deposit balance with respect to the interest held by Her Majesty in right of Canada on behalf of the interest owner shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to Her Majesty in right of Canada at the time of the surrender or cancellation.

Marginal note:Compensation — surrender

• 12.2 (1) If the interest owner surrenders an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant any compensation that is determined by negotiations with the Minister.

• Marginal note:Compensation — cancellation

  (2) If the Minister cancels an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant to the interest owner the compensation that is specified in an order made by the Minister under subsection 12.1(3), subject to section 106 in respect of the amount of that compensation.

• Marginal note:No compensation

  (3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent or mandatary of Her Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender or cancellation of an interest referred to in subsection 12.1(1), other than compensation that may be granted to an interest owner under this section.