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| Part does not
apply to
inland waters
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28. For greater certainty, this Part does not
apply in respect of rivers and lakes.
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| Development
and
implementatio
n 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.
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| Principles of
strategy
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30. The national strategy will be based on
the principles of
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(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;
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(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
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(c) the precautionary approach, that is,
erring on the side of caution.
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| 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.
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| Implementatio
n of integrated
management
plans
|
32. For the purpose of the implementation
of integrated management plans, the Minister
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(a) shall develop and implement policies
and programs with respect to matters
assigned by law to the Minister;
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(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;
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(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,
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(i) establish advisory or management
bodies and appoint or designate, as
appropriate, members of those bodies,
and
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(ii) recognize established advisory or
management bodies; and
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(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.
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32.1 The Governor in Council may, on the
recommendation of the Minister of Fisheries
and Oceans, make regulations for carrying out
the purposes and provisions of this Act and in
particular, but without restricting the
generality of the foregoing, may make
regulations
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(a) prescribing Marine Environmental
Quality guidelines, criteria and standards;
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(b) respecting the powers and duties of
persons designated by the Minister as
enforcement officers; and
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(c) respecting the implementation of
provisions of agreements under the Act.
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| Cooperation
and
agreements
|
33. (1) In exercising the powers and
performing the duties and functions assigned
to the Minister by this Act, the Minister
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(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;
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(b) may enter into agreements with any
person or body or with another minister,
board or agency of the Government of
Canada;
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(c) shall gather, compile, analyse,
coordinate and disseminate information;
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(d) may make grants and contributions on
terms and conditions approved by the
Treasury Board; and
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(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.
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| Consultation
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(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.
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| Logistic
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.
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| 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 for special
protection for one or more of the following
reasons:
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(a) the conservation and protection of
commercial and non-commercial fishery
resources, including marine mammals, and
their habitats;
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(b) the conservation and protection of
endangered or threatened marine species,
and their habitats;
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(c) the conservation and protection of
unique habitats;
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(d) the conservation and protection of
marine areas of high biodiversity or
biological productivity; and
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(e) the conservation and protection of any
other marine resource or habitat as is
necessary to fulfil the mandate of the
Minister of Fisheries and Oceans.
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| Marine
protected
areas
|
(2) For the purposes of integrated
management planning, referred to in sections
31 and 32, the Minister of Fisheries and
Oceans will lead and coordinate the
development and implementation of a
national system of Marine Protected Areas on
behalf of the Government of Canada.
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| Regulations
|
(3) The Governor in Council, on the
recommendation of the Minister of Fisheries
and Oceans, may make regulations
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(a) establishing marine protected areas,
subject to subsection 35(1); and
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(b) prescribing measures that may include
but not be limited to
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(i) the zoning of marine protected areas,
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(ii) the prohibition of classes of activities
within marine protected areas, and
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(iii) any other matter consistent with the
purpose of the designation.
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| Interim
marine
protected
areas in
emergency
situations
|
36. (1) The Governor in Council, on the
recommendation of the Minister of Fisheries
and Oceans, 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 likely to be at risk
to the extent that such orders are not
inconsistent with a lands claim agreement that
has been given effect and has been ratified or
approved by an Act of Parliament.
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| 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.
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| Temporary
effect
|
(3) An order made under this section that is
not repealed ceases to have effect 90 days after
it is made.
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| Offence and
punishment
|
37. Every person who contravenes a
regulation made under paragraph 35(3)(b) or
an order made under subsection 36(1) in the
exercise of a power under that paragraph
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(a) is guilty of an offence punishable on
summary conviction and liable to a fine not
exceeding $100,000; or
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(b) is guilty of an indictable offence and
liable to a fine not exceeding $500,000.
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| Contravention
of
unpublished
order
|
38. No person may be convicted of an
offence consisting of a contravention of an
order made under subsection 36(1) in the
exercise of a power under paragraph 35(3)(b)
that, at the time of the alleged contravention,
had not been published in the Canada Gazette
in both official languages 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.
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| Enforcement
officers
|
39. (1) The Minister may designate any
person or class of persons to act as
enforcement officers for the purposes of this
Act and the regulations.
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| 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.
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| 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.
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| 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.
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| 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.
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| Obstruction
|
(6) When an enforcement officer is carrying
out duties or functions under this Act or the
regulations, no person shall
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(a) knowingly make any false or misleading
statement either orally or in writing to the
enforcement officer; or
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(b) otherwise willfully obstruct the
enforcement officer.
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| Inspections
|
39.1 (1) For the purpose of ensuring
compliance with this Act and the regulations,
an enforcement officer may, subject to
subsection (3), at any reasonable time enter
and inspect any place in which the
enforcement officer believes, on reasonable
grounds, there is any thing to which this Act or
regulations apply or any document relating to
the administration of this Act or the
regulations, and the enforcement officer may
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(a) open or cause to be opened any
container that the enforcement officer
believes, on reasonable grounds, contains
any such thing or document;
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(b) inspect the thing and take samples free
of charge;
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(c) require any person to produce the
document for inspection or copying, in
whole or in part; and
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(d) seize any thing by means of or in relation
to which the enforcement officer believes,
on reasonable grounds, this Act or the
regulations have been contravened or that
the enforcement officer believes, on
reasonable grounds, will provide evidence
of a contravention.
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| Conveyance
|
(2) For the purposes of carrying out the
inspection, the enforcement officer may stop
a conveyance or direct that it be moved to a
place where the inspection can be carried out.
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| Dwelling-plac
e
|
(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.
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| 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
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(a) the conditions for entry described in
subsection (1) exist in relation to a
dwelling-place,
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(b) entry to the dwelling-place is necessary
in relation to the administration of this Act
or the regulations, and
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(c) entry to the dwelling-place has been
refused or there are reasonable grounds for
believing that entry will be refused,
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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.
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| Search and
seizure
without
warrant
|
39.2 For the purpose of ensuring
compliance with this Act and the regulations,
an enforcement officer may exercise the
powers of search and seizure provided in
section 487 of the Criminal Code without a
warrant if the conditions for obtaining a
warrant exist but by reason of exigent
circumstances it would not be feasible to
obtain the warrant.
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| Custody of
things seized
|
39.3 (1) Subject to subsections (2) and (3),
where an enforcement officer seizes a thing
under this Act or under a warrant issued under
the Criminal Code,
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(a) sections 489.1 and 490 of the Criminal
Code apply; and
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(b) the enforcement officer, or any person
that the office may designate, shall retain
custody of the thing subject to any order
made under section 490 of the Criminal
Code.
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| Forfeiture
where
ownership not
ascertainable
|
(2) Where the lawful ownership of or
entitlement to the seized thing cannot be
ascertained within thirty days after its seizure,
the thing or any proceeds of its disposition are
forfeited to
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(a) Her Majesty in right of Canada, if the
thing was seized by an enforcement officer
employed in the public service of Canada;
or
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(b) Her Majesty in right of a province, if the
thing was seized by an enforcement officer
employed by the government of that
province.
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| Perishable
things
|
(3) Where the seized thing is perishable, the
enforcement officer may dispose of it or
destroy it, and any proceeds of its disposition
must be
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(a) paid to the lawful owner or person
lawfully entitled to possession of the thing,
unless proceedings under this Act are
commenced within ninety days after its
seizure; or
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|
(b) retained by the enforcement officer
pending the outcome of the proceedings.
|
|
| Abandonment
|
(4) The owner of the seized thing may
abandon it to Her Majesty in right of Canada
or a province.
|
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| Disposition by
Minister
|
39.4 Any thing that has been forfeited or
abandoned under this Act must be dealt with
and disposed of as the Minister may direct.
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| Liability for
costs
|
39.5 The lawful owner and any person
lawfully entitled to possession of any thing
seized, abandoned or forfeited under this Act
are jointly and severally liable for all the costs
of inspection, seizure, abandonment,
forfeiture or disposition incurred by Her
Majesty in excess of any proceeds of
disposition of the thing that have been
forfeited to Her Majesty under this Act.
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|
| Contravention
of Act or
regulations
|
39.6 (1) Every person who contravenes
subsection 39(6) or any regulation made under
section 32.1
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(a) is guilty of an offence punishable on
summary conviction and is liable to a fine
not exceeding $100,000; or
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(b) is guilty of an indictable offence and is
liable to a fine not exceeding $500,000.
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| Subsequent
offence
|
(2) Where a person is convicted of an
offence under this Act a second or subsequent
time, the amount of the fine for the subsequent
offence may, notwithstanding subsection (1),
be double the amount set out in that
subsection.
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| Continuing
offence
|
(3) 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.
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