Tarium Niryutait Marine Protected Areas Regulations (SOR/2010-190)

Interpretation

1 The following definitions apply in these Regulations.

Agreement

Agreement means the Inuvialuit Final Agreement as approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act. (Convention)

Areas

Areas means the Tarium Niryutait Marine Protected Areas. (zones)

waters

waters includes the seabed and subsoil below the waters to a depth of five metres. (eaux)

Designations

2 The Areas consist of

• (a) the Niaqunnaq Marine Protected Area designated under section 3;

• (b) the Okeevik Marine Protected Area designated under section 4; and

• (c) the Kittigaryuit Marine Protected Area designated under section 5.

Niaqunnaq Marine Protected Area

3 The area of the sea in Mackenzie Bay consisting of the waters within the boundaries described in plan number FB36305, certified on February 19, 2009 and depicted in plan number CLSR 91991, Sheet 2, which plans are deposited in the Canada Lands Surveys Records, is designated as the Niaqunnaq Marine Protected Area.

Okeevik Marine Protected Area

• 4 (1) The area of the sea in the Mackenzie River Estuary consisting of the waters within the boundaries described in plan number FB36305, certified on February 19, 2009 and depicted in plan number CLSR 91991, Sheet 3, which plans are deposited in the Canada Lands Surveys Records, is designated as the Okeevik Marine Protected Area.

• (2) The Okeevik Marine Protected Area is comprised of Special Management Zones 1 and 2 and the Primary Protection Zone as described in plan number FB36305, certified on February 19, 2009 and depicted in plan number CLSR 91991, Sheet 3, which plans are deposited in the Canada Lands Surveys Records.

Kittigaryuit Marine Protected Area

5 The area of the sea in the Mackenzie River Estuary consisting of the waters within the boundaries described in plan number FB36305, certified on February 19, 2009 and depicted in plan number CLSR 91991, Sheet 4, which plans are deposited in the Canada Lands Surveys Records, is designated as the Kittigaryuit Marine Protected Area.

Prohibited Activities

6 No person shall

• (a) disturb, damage or destroy in the Areas, or remove from them, any living marine organism or any part of its habitat; or

• (b) carry out any activity in the Areas — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat.

Exceptions

7 The following activities may be carried out in the Areas:

• (a) fishing in accordance with the Agreement;

• (b) dredging

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act and the Fisheries Act and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (c) fishing in accordance with the Fisheries Act and its regulations;

• (d) a scientific activity that is carried out in accordance with the Fisheries Act and its regulations or

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority, and

  • (ii) that is carried out for the purpose of managing the Areas or for monitoring the effectiveness of conservation measures implemented in the Areas;

• (e) a geophysical operation, as defined in section 2 of the Canada Oil and Gas Geophysical Operations Regulations,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (f) exploratory drilling for oil or gas in the Special Management Zones of the Okeevik Marine Protected Area

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (g) oil or gas production in the Special Management Zones of the Okeevik Marine Protected Area,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (h) the construction or decommissioning of an oil or gas pipeline

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out on, through or under the ice cover of the Areas,

  • (iii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iv) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (i) the maintenance of an oil or gas pipeline,

  • (i) that has been recommended in accordance with the Agreement and authorized by a competent government authority,

  • (ii) that is carried out in accordance with the Navigable Waters Protection Act, Species at Risk Act, Fisheries Act and Canadian Environmental Protection Act, 1999 and their regulations, and

  • (iii) that does not result in and is not likely to result in the disturbance, damage, destruction or removal of a marine mammal;

• (j) any movement or other activity of a ship, submarine or aircraft if the movement or other activity is carried out for the purpose of

  • (i) public safety, law enforcement or national security or for the exercise of Canadian sovereignty and the ship, submarine or aircraft is owned or operated by or on behalf of Her Majesty in right of Canada or by a foreign military force acting in cooperation with, or under the command or control of, the Canadian Forces, or

  • (ii) an emergency response under the direction, command or control of the Canadian Coast Guard; and

• (k) any activity carried out for the purpose of public health and safety.

Reporting of Accidents

8 Every person who is involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under section 6 shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

Coming into Force

9 These Regulations come into force on the day on which they are registered.