Oceans Act (S.C. 1996, c. 31)

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:Interim marine protected areas in emergency situations

• 36 (1) The Governor in Council, on the recommendation of the Minister, may make orders exercising any power under section 35 on an emergency basis, where the Minister is of the opinion that a marine resource or habitat is or is likely to be at risk to the extent that such orders are not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under this section is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

• Marginal note:Temporary effect

  (3) An order made under this section that is not repealed ceases to have effect 90 days after it is made.

• 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.

37 [Repealed, 2019, c. 8, s. 7]

38 [Repealed, 2019, c. 8, s. 7]

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.

• Marginal note:Designation of provincial government employees

  (2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees.

• Marginal note:Certificate of designation

  (3) Every enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place.

• Marginal note:Powers of peace officers

  (4) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.

• Marginal note:Exemptions for law enforcement activities

  (5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt enforcement officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.

• Marginal note:Obstruction

  (6) When an enforcement officer is carrying out duties or functions under this Act or the regulations, no person shall

  • (a) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or

  • (b) otherwise wilfully obstruct the enforcement officer.

Enforcement Officer’s Powers

Marginal note:Inspections

• 39.1 (1) For a purpose related to verifying compliance or preventing non-compliance with this Act and the regulations, an enforcement officer may enter and inspect any place, including any conveyance, in which the enforcement officer has reasonable grounds to believe, that there is any thing to which this Act or the regulations apply or any book, record, electronic data or other document relating to the application of this Act or the regulations, and the enforcement officer may, for that purpose,

  • (a) open or cause to be opened any container that the enforcement officer has reasonable grounds to believe contains that thing, book, record, electronic data or other document;

  • (b) examine the thing and take samples free of charge;

  • (c) require any person to produce the book, record, electronic data or other document for examination or copying, in whole or in part;

  • (d) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system;

  • (e) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (f) use or cause to be used any copying equipment at the place being inspected to make copies of any book, record, electronic data or other document.

• Marginal note:Disposition of samples

  (1.1) An enforcement officer may dispose of a sample taken under paragraph (1)(b) in any manner that the officer considers appropriate.

• Marginal note:Seizure

  (1.2) For the purposes of subsection (1), the enforcement officer may seize any thing that the enforcement officer has reasonable grounds to believe

  • (a) was used in the contravention of this Act or the regulations;

  • (b) is something in relation to which this Act or the regulations have been contravened; or

  • (c) was obtained by the contravention of this Act or the regulations.

• Marginal note:Assistance

  (1.3) The owner or the person in charge of the place, and every person found in the place, shall

  • (a) give the enforcement officer all assistance that is reasonably required to enable the officer to exercise their powers or to perform their duties or functions under this section; and

  • (b) provide the enforcement officer with any information or any book, record, electronic data or other document, and access to any data, that are reasonably required for that purpose.

• Marginal note:Conveyance

  (2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to any place, including in Canadian waters or the exclusive economic zone of Canada, where the inspection can be carried out.

• Marginal note:Passage through private property

  (2.1) An enforcement officer and any person accompanying them may enter and pass through private property, other than a dwelling-place, in order to gain entry to a place referred to in subsection (1). For greater certainty, neither person is liable for doing so.

• Marginal note:Passage through private property by authorized person

  (2.2) A person acting under the direction and control of an enforcement officer may, for the purposes of exercising the officer’s powers or performing the officer’s duties and functions under this section, enter and pass through private property, other than a dwelling-place, in order to gain entry to a marine protected area. For greater certainty, the person is not liable for doing so.

• Marginal note:Dwelling-place

  (3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.

• Marginal note:Warrant

  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice may issue a warrant authorizing the enforcement officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

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.