Oceans Act

An Act respecting the oceans of Canada

Canada (Federal)· O-2.4· 525 sections· current to 2026-03-27In force

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Policy areas

Natural Resources & Energy Justice & the Law Foreign Affairs

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Sections526

1Short title
This Act may be cited as the Oceans Act.
2Definitions
In this Act,
2[p2]
artificial island means any man-made extension of the seabed or a seabed feature, whether or not the extension breaks the surface of the superjacent waters; (île artificielle)
2[p3]
Department means the Department of Fisheries and Oceans; (ministère)
2[p4]
federal laws includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut; (droit)
2[p5]
law, in respect of a province, includes a law or rule of law from time to time in force in the province, other than federal laws, and the provisions of any instrument having effect under any such law; (droit)
2[p6]
marine installation or structure includes
2[p6](a)
any ship and any anchor, anchor cable or rig pad used in connection therewith,
2[p6](b)
any offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, dredge, floating crane, pipelaying or other barge or pipeline and any anchor, anchor cable or rig pad used in connection therewith, and
2[p6](c)
any other work or work within a class of works prescribed pursuant to paragraph 26(1)(a); (ouvrages en mer)
2[p10]
Minister means the Minister of Fisheries and Oceans; (ministre)
2[p11]
ship includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion. (navire)
2.1Repealed
[Repealed, 2024, c. 30, s. 15]
3Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
4Territorial sea of Canada
The territorial sea of Canada consists of a belt of sea that has as its inner limit the baselines described in section 5 and as its outer limit
4(a)
subject to paragraph (b), the line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines; or
4(b)
in respect of the portions of the territorial sea of Canada for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(ii), lines determined from the geographical coordinates of points so prescribed.
5Determination of the baselines
5(1)
Subject to subsections (2) and (3), the baseline is the low-water line along the coast or on a low-tide elevation that is situated wholly or partly at a distance not exceeding the breadth of the territorial sea of Canada from the mainland or an island.
5(2)Geographical coordinates of points
In respect of any area for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(i) and subject to any exceptions in the regulations for the baselines are straight lines interpreted as geodesics joining the consecutive geographical coordinates of points so prescribed.
5(2)(a)
the use of the low-water line along the coast between given points, and
5(2)(b)
the use of the low-water lines of low-tide elevations that are situated wholly or partly at a distance not exceeding the breadth of the territorial sea of Canada from the mainland or an island,
5(3)Baselines where historic title
In respect of any area not referred to in subsection (2), the baselines are the outer limits of any area, other than the territorial sea of Canada, over which Canada has a historic or other title of sovereignty.
5(4)Low-tide elevations
For the purposes of this section, a low-tide elevation is a naturally formed area of land that is surrounded by and above water at low tide but submerged at high tide.
6Internal waters of Canada
The internal waters of Canada consist of the waters on the landward side of the baselines of the territorial sea of Canada.
7Part of Canada
For greater certainty, the internal waters of Canada and the territorial sea of Canada form part of Canada.
8Rights of Her Majesty
8(1)
For greater certainty, in any area of the sea not within a province, the seabed and subsoil below the internal waters of Canada and the territorial sea of Canada are vested in Her Majesty in right of Canada.
8(2)Saving
Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
9Application of provincial law
9(1)
Subject to this section and to any other Act of Parliament, the laws of a province apply in any area of the sea
9(1)(a)
that forms part of the internal waters of Canada or the territorial sea of Canada;
9(1)(b)
that is not within any province; and
9(1)(c)
that is prescribed by the regulations.
9(2)Limitation
Subject to any regulations made pursuant to paragraph 26(1)(d), subsection (1) does not apply in respect of any provision of a law of a province that
9(2)(a)
imposes a tax or royalty; or
9(2)(b)
relates to mineral or other non-living natural resources.
9(3)Interpretation
For the purposes of this section, the laws of a province shall be applied as if the area of the sea in which those laws apply under this section were within the territory of that province.
9(4)Sums due to province
Any sum due under a law of a province that applies in an area of the sea under this section belongs to Her Majesty in right of the province.
9(5)Limitation
For greater certainty, this section shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any area of the sea in which a law of a province applies under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.
10Contiguous zone of Canada
The contiguous zone of Canada consists of an area of the sea that has as its inner limit the outer limit of the territorial sea of Canada and as its outer limit the line every point of which is at a distance of 24 nautical miles from the nearest point of the baselines of the territorial sea of Canada, but does not include an area of the sea that forms part of the territorial sea of another state or in which another state has sovereign rights.
11Prevention in contiguous zone of infringement of federal laws
A person who is responsible for the enforcement of a federal law that is a customs, fiscal, immigration or sanitary law and who has reasonable grounds to believe that a person in the contiguous zone of Canada would, if that person were to enter Canada, commit an offence under that law may, subject to Canada’s international obligations, prevent the entry of that person into Canada or the commission of the offence and, for greater certainty, section 25 of the Criminal Code applies in respect of the exercise by a person of any powers under this section.
12Enforcement in contiguous zone of federal laws
12(1)
Where there are reasonable grounds to believe that a person has committed an offence in Canada in respect of a federal law that is a customs, fiscal, immigration or sanitary law, every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of that offence may also be exercised in the contiguous zone of Canada.
12(2)Limitation
A power of arrest referred to in subsection (1) shall not be exercised in the contiguous zone of Canada on board any ship registered outside Canada without the consent of the Attorney General of Canada.
13Exclusive economic zone of Canada
13(1)
The exclusive economic zone of Canada consists of an area of the sea beyond and adjacent to the territorial sea of Canada that has as its inner limit the outer limit of the territorial sea of Canada and as its outer limit
13(1)(a)
subject to paragraph (b), the line every point of which is at a distance of 200 nautical miles from the nearest point of the baselines of the territorial sea of Canada; or
13(1)(b)
in respect of a portion of the exclusive economic zone of Canada for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(iii), lines determined from the geographical coordinates of points so prescribed.
13(2)Determination of the outer limit of the exclusive economic zone of Canada
For greater certainty, paragraph (1)(a) applies regardless of whether regulations are made pursuant to subparagraph 25(a)(iv) prescribing geographical coordinates of points from which the outer limit of the exclusive economic zone of Canada may be determined.
14Sovereign rights and jurisdiction of Canada
Canada has
14(a)
sovereign rights in the exclusive economic zone of Canada for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the exclusive economic zone of Canada, such as the production of energy from the water, currents and winds;
14(b)
jurisdiction in the exclusive economic zone of Canada with regard to
14(b)(i)
the establishment and use of artificial islands, installations and structures,
14(b)(ii)
marine scientific research, and
14(b)(iii)
the protection and preservation of the marine environment; and
14(c)
other rights and duties in the exclusive economic zone of Canada provided for under international law.
15Rights of Her Majesty
15(1)
For greater certainty, any rights of Canada in the seabed and subsoil of the exclusive economic zone of Canada and their resources are vested in Her Majesty in right of Canada.
15(2)Saving
Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
16Fishing zones of Canada
The fishing zones of Canada consist of areas of the sea adjacent to the coast of Canada that are prescribed in the regulations.
17Continental shelf of Canada
17(1)
The continental shelf of Canada is the seabed and subsoil of the submarine areas, including those of the exclusive economic zone of Canada, that extend beyond the territorial sea of Canada throughout the natural prolongation of the land territory of Canada
17(1)(a)
subject to paragraphs (b) and (c), to the outer edge of the continental margin, determined in the manner under international law that results in the maximum extent of the continental shelf of Canada, the continental margin being the submerged prolongation of the land mass of Canada consisting of the seabed and subsoil of the shelf, the slope and the rise, but not including the deep ocean floor with its oceanic ridges or its subsoil;
17(1)(b)
to a distance of 200 nautical miles from the baselines of the territorial sea of Canada where the outer edge of the continental margin does not extend up to that distance; or
17(1)(c)
in respect of a portion of the continental shelf of Canada for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(iii), to lines determined from the geographical coordinates of points so prescribed.
17(2)Determination of the outer limit of the continental shelf of Canada
For greater certainty, paragraphs (1)(a) and (b) apply regardless of whether regulations are made pursuant to subparagraph 25(a)(iv) prescribing geographical coordinates of points from which the outer edge of the continental margin or other outer limit of the continental shelf of Canada may be determined.
18Sovereign rights of Canada
Canada has sovereign rights over the continental shelf of Canada for the purpose of exploring it and exploiting the mineral and other non-living natural resources of the seabed and subsoil of the continental shelf of Canada, together with living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed of the continental shelf of Canada or are unable to move except in constant physical contact with the seabed or the subsoil of the continental shelf of Canada.
19Rights of Her Majesty
19(1)
For greater certainty, any rights of Canada in the continental shelf of Canada are vested in Her Majesty in right of Canada.
19(2)Saving
Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
20Application of federal laws — continental shelf installations
20(1)
Subject to any regulations made pursuant to paragraph 26(1)(j) or (k), federal laws apply
20(1)(a)
on or under any marine installation or structure from the time it is attached or anchored to the continental shelf of Canada in connection with the exploration of that shelf or the exploitation of its mineral or other non-living resources until the marine installation or structure is removed from the waters above the continental shelf of Canada;
20(1)(b)
on or under any artificial island constructed, erected or placed on the continental shelf of Canada; and
20(1)(c)
within such safety zone surrounding any marine installation or structure or artificial island referred to in paragraph (a) or (b) as is determined by or pursuant to the regulations.
20(2)Interpretation
For the purposes of subsection (1), federal laws shall be applied
20(2)(a)
as if the places referred to in that subsection formed part of the territory of Canada;
20(2)(b)
notwithstanding that by their terms their application is limited to Canada; and
20(2)(c)
in a manner that is consistent with the rights and freedoms of other states under international law and, in particular, with the rights and freedoms of other states in relation to navigation and overflight.
21Application of provincial law
21(1)
Subject to this section and to any other Act of Parliament, the laws of a province apply to the same extent as federal laws apply pursuant to section 20 in any area of the sea
21(1)(a)
that forms part of the exclusive economic zone of Canada or is above the continental shelf of Canada;
21(1)(b)
that is not within any province; and
21(1)(c)
that is prescribed by the regulations.
21(2)Limitation
Subject to any regulations made pursuant to paragraph 26(1)(d), subsection (1) does not apply in respect of any provision of a law of a province that
21(2)(a)
imposes a tax or royalty; or
21(2)(b)
relates to mineral or other non-living natural resources.
21(3)Interpretation
For the purposes of this section, the laws of a province shall be applied as if the area of the sea in which those laws apply under this section were within the territory of that province.
21(4)Sums due to province
Any sum due under a law of a province that applies in an area of the sea under this section belongs to Her Majesty in right of the province.
21(5)Limitation
For greater certainty, this section shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any area of the sea in which a law of a province applies under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.
22Jurisdiction extended
22(1)
Subject to subsection (4) and to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a federal law that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea that is not within any province and
22(1)(a)
that area of the sea is nearer to the coast of that province than to the coast of any other province; or
22(1)(b)
that province is prescribed by the regulations.
22(2)Jurisdiction extended — provincial laws
Subject to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a law of the province that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea to which the law of that province applies pursuant to this Act.
22(3)Orders and powers
A court referred to in subsection (1) or (2) may make any order or exercise any power it considers necessary in respect of any matter referred to in that subsection.
22(4)Criminal offences
The jurisdiction and powers of courts with respect to offences under any federal law are determined pursuant to sections 477.3, 481.1 and 481.2 of the Criminal Code.
22(5)Saving
Nothing in this section limits the jurisdiction that a court may exercise apart from this Act.
22(6)Definition of court
In this section, court includes a judge of a court and a justice of the peace.
23Certificate — Minister of Foreign Affairs
23(1)
In any legal or other proceedings, a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographic location specified in the certificate was, at any time material to the proceedings, is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.
23(1)(a)
in the internal waters of Canada,
23(1)(b)
in the territorial sea of Canada,
23(1)(c)
in the contiguous zone of Canada,
23(1)(d)
in the exclusive economic zone of Canada, or
23(1)(e)
in or above the continental shelf of Canada
23(2)Certificate — Minister of Fisheries and Oceans
In any legal or other proceedings, a certificate issued by or under the authority of the Minister containing a statement that any geographic location specified in the certificate was, at any time material to the proceedings, within an area of the sea in which a law of the province named in the certificate applies under section 9 or 21 is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.
23(3)Certificate cannot be compelled
A certificate referred to in subsection (1) or (2) is admissible in evidence in proceedings referred to in that subsection, but its production cannot be compelled.
24Saving
Nothing in this Part limits the operation that any Act, rule of law or instrument has apart from this Part.
25Recommendation — Minister of Foreign Affairs
The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, make regulations
25(a)
prescribing geographical coordinates of points from which
25(a)(i)
baselines may be determined under subsection 5(2) as straight lines interpreted as geodesics,
25(a)(ii)
in respect of a portion of the territorial sea of Canada prescribed in the regulations, an outer limit line may be determined, where, in the opinion of the Governor in Council, a portion of the territorial sea of Canada determined in accordance with paragraph 4(a) would conflict with the territorial sea of another state or other area of the sea in which another state has sovereign rights or would be unreasonably close to the coast of another state,
25(a)(iii)
in respect of a portion of the exclusive economic zone of Canada or the continental shelf of Canada prescribed in the regulations, an outer limit line may be determined, where, in the opinion of the Governor in Council, a portion of the exclusive economic zone of Canada or the continental shelf of Canada determined in accordance with paragraph 13(1)(a) or 17(1)(a) or (b) would conflict with the territorial sea of another state or other area of the sea in which another state has sovereign rights or would be unreasonably close to the coast of another state or is otherwise inappropriate, and
25(a)(iv)
the outer limit of the exclusive economic zone of Canada or the outer edge of the continental margin or other outer limit of the continental shelf of Canada may be determined; and
25(b)
prescribing areas of the sea adjacent to the coast of Canada as fishing zones of Canada.
26Recommendation — Minister of Justice
26(1)
The Governor in Council may, on the recommendation of the Minister of Justice, make regulations
26(1)(a)
prescribing a work or a class of works for the purpose of the definition marine installation or structure in section 2;
26(1)(b)
making any law of a province applicable in respect of any part of the area of the sea in which laws of the province apply under section 9 or 21, even though the law, by its own terms, is applicable only in respect of a particular area within the province;
26(1)(c)
restricting the application of subsection 9(1) or 21(1) to such laws of a province as are specified in the regulations;
26(1)(d)
making subsection 9(1) or 21(1) applicable, on the terms and conditions, if any, specified in the regulations, in respect of any laws of a province that impose a tax or royalty or relate to mineral or other non-living natural resources;
26(1)(e)
excluding any law of a province from the application of subsection 9(1) or 21(1);
26(1)(f)
determining or prescribing the method of determining the safety zone referred to in paragraph 20(1)(c);
26(1)(g)
prescribing an area of the sea and a province for the purposes of subsection 9(1), 21(1) or 22(1);
26(1)(h)
restricting the application of subsection 22(1), (2) or (3) to courts of a district or territorial division of a province;
26(1)(i)
prescribing, in respect of any area of the sea and for the purpose of subsection 22(1), the manner of determining the province that has the coast nearest to that area;
26(1)(j)
excluding any federal laws or laws of a province or any of their provisions from the application of subsection 20(1) or 21(1), as the case may be, in respect of any area in or above the continental shelf of Canada or in respect of any specified activity in any such area; and
26(1)(k)
making federal laws or laws of a province or any of their provisions applicable, in such circumstances as are specified in the regulations,
26(1)(k)(i)
in the exclusive economic zone of Canada or in a portion of that zone,
26(1)(k)(ii)
in or above the continental shelf of Canada or a portion of that shelf, or
26(1)(k)(iii)
in any area beyond the continental shelf of Canada, where that application is made pursuant to an international agreement or arrangement entered into by Canada.
26(2)Restriction
A regulation made pursuant to subsection (1) in relation to a law of a province may be restricted to a specific area or place or to a specific provision of the law.
26(3)Interpretation
For the purposes of paragraphs (1)(j) and (k), federal laws and the laws of a province shall be applied
26(3)(a)
as if the places referred to in any regulations made pursuant to either of those paragraphs formed part of the territory of Canada;
26(3)(b)
notwithstanding that by their terms their application is limited to Canada or a province; and
26(3)(c)
in a manner that is consistent with the rights and freedoms of other states under international law and, in particular, with the rights and freedoms of other states in relation to navigation and overflight.
27Publication of proposed regulations
27(1)
A copy of each regulation that the Governor in Council proposes to make pursuant to paragraph 25(b) or section 26 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and a reasonable opportunity shall be given to interested persons and provinces to make representations with respect to the proposed regulation.
27(2)Exception
No proposed regulation that has been published pursuant to this section need again be published under this section, whether or not it has been altered.
28Part does not apply to inland waters
For greater certainty, this Part does not apply in respect of rivers and lakes.
29Development and implementation of strategy
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.
30Principles of strategy
The national strategy will be based on the principles of
30(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;
30(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
30(c)
the precautionary approach, that is, erring on the side of caution.
31Integrated management plans
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.
32Implementation of integrated management plans
For the purpose of the implementation of integrated management plans, the Minister
32(a)
shall develop and implement policies and programs with respect to matters assigned by law to the Minister;
32(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;
32(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,
32(c)(i)
establish advisory or management bodies and appoint or designate, as appropriate, members of those bodies, and
32(c)(ii)
recognize established advisory or management bodies; and
32(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.
33Cooperation and agreements
33(1)
In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister
33(1)(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;
33(1)(b)
may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;
33(1)(c)
shall gather, compile, analyse, coordinate and disseminate information;
33(1)(d)
may make grants and contributions on terms and conditions approved by the Treasury Board; and
33(1)(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.
33(2)Consultation
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.
34Logistics support, etc.
The Minister may coordinate logistics support and provide related assistance for the purposes of advancing scientific knowledge of estuarine, coastal and marine ecosystems.
35Marine 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:
35(1)(a)
the conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats;
35(1)(b)
the conservation and protection of endangered or threatened marine species, and their habitats;
35(1)(c)
the conservation and protection of unique habitats;
35(1)(d)
the conservation and protection of marine areas of high biodiversity or biological productivity;
35(1)(e)
the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister; and
35(1)(f)
the conservation and protection of marine areas for the purpose of maintaining ecological integrity.
35(1.1)Definition of ecological integrity
For the purpose of paragraph (1)(f), ecological integrity means a condition in which
35(1.1)(a)
the structure, composition and function of ecosystems are undisturbed by any human activity;
35(1.1)(b)
natural ecological processes are intact and self-sustaining;
35(1.1)(c)
ecosystems evolve naturally; and
35(1.1)(d)
an ecosystem’s capacity for self-renewal and its biodiversity are maintained.
35(2)Network of marine protected areas
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.
35(2.1)Performance of duties and functions
In performing his or her duties and functions under subsection (2), the Minister shall ensure that:
35(2.1)(a)
clearly identified objectives are set with regard to each marine protected area; and
35(2.1)(b)
the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions.
35(3)Regulations
The Governor in Council, on the recommendation of the Minister, may make regulations
35(3)(a)
designating marine protected areas;
35(3)(b)
delineating zones within marine protected areas;
35(3)(c)
prohibiting classes of activities within marine protected areas; and
35(3)(d)
respecting any other matter consistent with the purpose of the designation.
35.1Definitions
35.1(1)
The following definitions apply in this section.
35.1(1)[p188]
foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
35.1(1)[p189]
foreign ship means a ship that is a foreign vessel, as defined in section 2 of the Canada Shipping Act, 2001. (navire étranger)
35.1(1)[p190]
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
35.1(1)[p190](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;
35.1(1)[p190](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
35.1(1)[p190](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)
35.1(2)Designation of marine protected area — Minister’s order
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
35.1(2)(a)
shall list the classes of activities that are ongoing activities in the marine protected area;
35.1(2)(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;
35.1(2)(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
35.1(2)(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.
35.1(3)Exceptions
The prohibitions set out in an order made under subsection (2) do not apply to the following activities: