Oceans Act (S.C. 1996, c. 31)

PART IIOceans Management Strategy

Application

Marginal note:Part does not apply to inland waters

28 For greater certainty, this Part does not apply in respect of rivers and lakes.

National Strategy

Marginal note:Development and implementation of strategy

29 The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems in waters that form part of Canada or in which Canada has sovereign rights under international law.

Marginal note:Principles of strategy

30 The national strategy will be based on the principles of

• (a) sustainable development, that is, development that meets the needs of the present without compromising the ability of future generations to meet their own needs;

• (b) the integrated management of activities in estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law; and

• (c) the precautionary approach, that is, erring on the side of caution.

Marginal note:Integrated management plans

31 The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of plans for the integrated management of all activities or measures in or affecting estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law.

Marginal note:Implementation of integrated management plans

32 For the purpose of the implementation of integrated management plans, the Minister

• (a) shall develop and implement policies and programs with respect to matters assigned by law to the Minister;

• (b) shall coordinate with other ministers, boards and agencies of the Government of Canada the implementation of policies and programs of the Government with respect to all activities or measures in or affecting coastal waters and marine waters;

• (c) may, on his or her own or jointly with another person or body or with another minister, board or agency of the Government of Canada, and taking into consideration the views of other ministers, boards and agencies of the Government of Canada, provincial and territorial governments and affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements,

  • (i) establish advisory or management bodies and appoint or designate, as appropriate, members of those bodies, and

  • (ii) recognize established advisory or management bodies; and

• (d) may, in consultation with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, establish marine environmental quality guidelines, objectives and criteria respecting estuaries, coastal waters and marine waters.

Marginal note:Cooperation and agreements

• 33 (1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister

  • (a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;

  • (b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;

  • (c) shall gather, compile, analyse, coordinate and disseminate information;

  • (d) may make grants and contributions on terms and conditions approved by the Treasury Board; and

  • (e) may make recoverable expenditures on behalf of and at the request of any other minister, board or agency of the Government of Canada or of a province or any person or body.

• Marginal note:Consultation

  (2) In exercising the powers and performing the duties and functions mentioned in this Part, the Minister may consult with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.

Marginal note:Logistics support, etc.

34 The Minister may coordinate logistics support and provide related assistance for the purposes of advancing scientific knowledge of estuarine, coastal and marine ecosystems.

Designation of Marine Protected Areas

Marginal note:Marine protected areas

• 35 (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada and has been designated under this section or section 35.1 for special protection for one or more of the following reasons:

  • (a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats;

  • (b) the conservation and protection of endangered or threatened marine species, and their habitats;

  • (c) the conservation and protection of unique habitats;

  • (d) the conservation and protection of marine areas of high biodiversity or biological productivity;

  • (e) the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister; and

  • (f) the conservation and protection of marine areas for the purpose of maintaining ecological integrity.

• Marginal note:Definition of ecological integrity

  (1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which

  • (a) the structure, composition and function of ecosystems are undisturbed by any human activity;

  • (b) natural ecological processes are intact and self-sustaining;

  • (c) ecosystems evolve naturally; and

  • (d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.

• Marginal note:Network of marine protected areas

  (2) For the purposes of integrated management plans referred to in sections 31 and 32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada.

• Marginal note:Performance of duties and functions

  (2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that:

  • (a) clearly identified objectives are set with regard to each marine protected area; and

  • (b) the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions.

• Marginal note:Regulations

  (3) The Governor in Council, on the recommendation of the Minister, may make regulations

  • (a) designating marine protected areas;

  • (b) delineating zones within marine protected areas;

  • (c) prohibiting classes of activities within marine protected areas; and

  • (d) respecting any other matter consistent with the purpose of the designation.

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).