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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-48 |
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An Act respecting marine conservation areas
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| Preamble
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WHEREAS the protection of natural,
self-regulating marine ecosystems is
important for the maintenance of biological
diversity;
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WHEREAS the Government of Canada is
committed to adopting the precautionary
principle so that, where there are threats of
environmental damage, lack of scientific
certainty is not used as a reason for postponing
cost-effective preventative measures;
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AND WHEREAS Parliament wishes to
affirm the need to
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Marine
Conservation Areas Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``dump'' « immer- sion »
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``dump'' has the same meaning as in section
66 of the Canadian Environmental
Protection Act, read as if references in that
section to the sea were references to marine
conservation areas.
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| ``ecosystem'' « écosystème »
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``ecosystem'' means a dynamic complex of
animal, plant and microorganism
communities and their non-living
environment interacting as a functional
unit.
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| ``enforcement
officer'' « agent de l'autorité »
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``enforcement officer'' means a person
designated under section 19 or belonging to
a class of persons so designated.
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| ``fishing'' « pêche »
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``fishing'' has the meaning given to that
expression in the Fisheries Act.
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| ``marine
conservation
area'' « aire marine de conserva- tion »
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``marine conservation area'' means an area
named and described in Schedule 1.
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| ``marine
conservation
area warden'' « garde marin »
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``marine conservation area warden'' means a
person designated under section 18.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Canadian
Heritage.
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| ``public
lands'' « terres domaniales »
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``public lands'' means lands, including
submerged lands, that belong to Her
Majesty in right of Canada or that the
Government of Canada has the power to
dispose of, whether or not subject to the
terms of any agreement between the
Government of Canada and the government
of a province.
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| ``reserve'' « réserve »
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``reserve'' means a reserve named and
described in Schedule 2.
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| ``superin- tendent'' « direc- teur »
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``superintendent'' means a person appointed
under the Public Service Employment Act
who holds the office of superintendent of a
marine conservation area, and includes any
other person appointed under that Act who
is authorized by that person to act on that
person's behalf.
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HER MAJESTY |
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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or of a province.
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MARINE CONSERVATION AREAS |
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| Purpose of
establishment
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4. (1) Marine conservation areas are
established in accordance with this Act for the
purpose of protecting and conserving
representative marine areas and for the
benefit, education and enjoyment of the
people of Canada and the world.
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| Purpose of
reserves
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(2) Reserves for marine conservation areas
are established in accordance with this Act for
the purpose referred to in subsection (1) when
an area or a portion of an area is subject to a
claim by aboriginal people that has been
accepted for negotiation by the Government
of Canada under its comprehensive land
claims policy.
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| Management
and use
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(3) Marine conservation areas and reserves
shall be managed and used in a manner that
meets the needs of present and future
generations without compromising the
structure and function of the ecosystems with
which they are associated.
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| Establish- ment or enlargement
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5. (1) Subject to section 7, for the purpose
of establishing or enlarging a marine
conservation area, consisting of submerged
lands and waters within the internal waters,
territorial sea or exclusive economic zone of
Canada and any coastal lands or islands within
Canada, the Governor in Council may, by
order, amend Schedule 1 by adding the name
and a description of the area or by altering the
description of the area.
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| Title to lands
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(2) An amendment to Schedule 1 under this
section or subsection 6(2) may be made only
if the Governor in Council is satisfied that
clear title to the lands to be included in the
marine conservation area is vested in Her
Majesty in right of Canada, excluding any
such lands situated within the exclusive
economic zone of Canada.
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| No reduction
of area
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(3) No amendment may be made by the
Governor in Council to Schedule 1 for the
purpose of removing any portion of a marine
conservation area.
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| Establish- ment or enlargement of reserves
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6. (1) Subject to section 7, for the purpose
of establishing or enlarging a reserve,
consisting of submerged lands and waters
within the internal waters or territorial sea of
Canada and any coastal lands or islands within
Canada, the Governor in Council may, by
order, amend Schedule 2 by adding the name
and a description of the reserve or by altering
the description of the reserve.
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| Settlement of
comprehen- sive land claims
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(2) When a claim described in subsection
4(2) is settled, the Governor in Council may,
by order,
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| No reduction
of area
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(3) Except as provided by subsection (2), no
amendment may be made by the Governor in
Council to Schedule 2 for the purpose of
removing any portion of a reserve.
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| Amendment
to be tabled
and referred
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7. (1) Before an amendment is made to
Schedule 1 or 2 for a purpose referred to in
subsection 5(1) or 6(1), respectively, the
proposed amendment shall be laid before each
House of Parliament together with a report on
the objectives and management of the
proposed marine conservation area or reserve,
and an amendment so laid stands referred to
the standing committee of each House that
normally considers matters relating to marine
conservation areas or to such other committee
as that House may designate for the purposes
of this section.
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| Disapproval
by committee
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(2) The committee of each House may,
within 20 sitting days after the amendment is
tabled, report to the House that it disapproves
the amendment, in which case a motion to
concur in the report shall be put to the House
in accordance with its procedures.
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| Disposition of
motion for
concurrence
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(3) The motion shall be debated for not
more than three hours and disposed of in
accordance with the procedures of the House.
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| Amendment
allowed
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(4) A proposed amendment to Schedule 1 or
2 may be made if 21 sitting days have elapsed
after the tabling of the amendment in both
Houses and no motion referred to in
subsection (2) has been proposed in either
House.
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| Amendment
not allowed
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(5) A proposed amendment to Schedule 1 or
2 may not be made if either House passes a
motion referred to in subsection (2).
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ADMINISTRATION |
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| Management
by Minister
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8. (1) The Minister is responsible for the
administration, management and control of
marine conservation areas in relation to
matters not assigned by law to any other
Minister of the Crown.
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| Adminis- tration of lands
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(2) The Minister has the administration of
public lands in marine conservation areas.
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| Facilities and
research
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(3) The Minister may maintain and operate
facilities and carry out operations and
activities to achieve the purposes of this Act,
and may conduct research pertaining to
marine conservation areas.
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| Agreements
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(4) The Minister may enter into agreements
with other federal and provincial ministers
and agencies, local and aboriginal
governments and non-governmental
organizations for carrying out the purposes of
this Act.
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| Management
plans
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9. (1) The Minister shall, within five years
after a marine conservation area is
established, in consultation with any federal
and provincial ministers and agencies,
affected coastal communities and aboriginal
organizations and other parties that the
Minister considers appropriate, prepare a
management plan for the marine conservation
area including provision for ecosystem
protection, visitor use and zoning, which shall
be tabled in each House of Parliament.
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| Review of
management
plans by
Minister
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(2) The Minister shall review the
management plan of a marine conservation
area every five years, and any amendments to
the plan shall be tabled with the plan in each
House of Parliament.
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| Primary
considera- tions
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(3) In order to protect marine ecosystems
and maintain marine biodiversity, the primary
considerations in the development and
modification of management plans shall be
principles of ecosystem management and the
precautionary principle.
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| Minister of
Fisheries and
Oceans
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(4) Provisions of a management plan
respecting fishing, aquaculture, fisheries
management, marine navigation and marine
safety are subject to agreement between the
Minister and the Minister of Fisheries and
Oceans.
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| Consultation
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10. (1) The Minister shall provide
opportunities for consultation with any federal
and provincial ministers and agencies,
affected coastal communities and aboriginal
organizations and other parties that the
Minister considers appropriate in the
development of marine conservation area
policy, the establishment and modification of
marine conservation areas and any other
matters that the Minister considers
appropriate.
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| Progress
reports
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(2) At least every two years, the Minister
shall lay before each House of Parliament a
report on the state of marine conservation
areas and on progress towards completion of
a representative system of marine
conservation areas.
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| Area advisory
committees
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11. (1) The Minister shall, for each marine
conservation area, establish a management
advisory committee to advise the Minister on
the formulation, review and implementation
of the management plan for the area.
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| Other
advisory
committees
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(2) The Minister may establish other
advisory committees to review and evaluate
any aspect of marine conservation area policy
or administration.
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| Composition
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(3) The Minister shall consult with such
ministers or agencies of the Government of
Canada or a province or other persons or
bodies as the Minister considers appropriate
with respect to the composition of advisory
committees.
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PROHIBITIONS |
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| No disposition
or use without
authority
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12. Except as permitted by this Act or the
regulations,
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| Exploration
and
exploitation
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13. No person shall explore for or exploit
hydrocarbons, minerals, aggregates or any
other inorganic matter within a marine
conservation area, with the exception of
activities referred to in subsection 16(6).
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| Dumping
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14. (1) No person shall dump any substance
into the waters of a marine conservation area
except as authorized by a permit issued by a
superintendent pursuant to this Act or, in the
case of waters to which section 67 of the
Canadian Environmental Protection Act
applies, authorized by section 68 of that Act or
by a permit issued by the Minister of the
Environment pursuant to section 71 of that
Act.
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| Permits under
CEPA
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(2) No permit under section 71 of the
Canadian Environmental Protection Act in
respect of a marine conservation area may be
issued except with the concurrence of the
Minister.
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| Permits and
authoriza- tions
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15. The superintendent of a marine
conservation area may, in accordance with the
regulations, issue permits and other
authorizing instruments for activities in the
marine conservation area, and may amend,
suspend and revoke such permits and other
authorizing instruments.
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