1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-48

An Act respecting marine conservation areas

Preamble

WHEREAS the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity;

WHEREAS the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures;

AND WHEREAS Parliament wishes to affirm the need to

      establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and that are of sufficient extent and such configuration as to maintain healthy marine ecosystems,

      ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas,

      consider implications for ecosystems in the planning and management of marine conservation areas so established,

      provide opportunities for the people of Canada and of the world to appreciate and enjoy Canada's natural and cultural marine heritage,

      recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities,

      provide opportunities within marine conservation areas for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities;

      promote an understanding of the marine environment and provide opportunities for research and monitoring, and

      involve federal and provincial ministers and agencies, affected aboriginal organizations and coastal communities and other persons and bodies, including bodies established under land claims agreements, in the effort to establish and maintain the representative system of marine conservation areas;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Marine Conservation Areas Act.

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this Act.

``dump''
« immer-
sion »

``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.

``ecosystem''
« écosys-
tème »

``ecosystem'' means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit.

``enforcement officer''
« agent de l'autorité »

``enforcement officer'' means a person designated under section 19 or belonging to a class of persons so designated.

``fishing''
« pêche »

``fishing'' has the meaning given to that expression in the Fisheries Act.

``marine conservation area''
« aire marine de conserva-
tion »

``marine conservation area'' means an area named and described in Schedule 1.

``marine conservation area warden''
« garde marin »

``marine conservation area warden'' means a person designated under section 18.

``Minister''
« ministre »

``Minister'' means the Minister of Canadian Heritage.

``public lands''
« terres domaniales »

``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.

``reserve''
« réserve »

``reserve'' means a reserve named and described in Schedule 2.

``superinten-
dent''
« direc-
teur »

``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.

(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

HER MAJESTY

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or of a province.

MARINE CONSERVATION AREAS

Purpose of establishment

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.

Purpose of reserves

(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.

Management and use

(3) Marine conservation areas and reserve shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column , with which they are associated.

Zones

(4) For the purpose of achieving sustainable use of marine resources, marine conservation areas shall be divided into zones, which must include zones that foster and encourage ecologically sustainable use of marine resources and zones that fully protect special features and fragile ecosystems.

Establish-
ment or enlargement

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.

Title to lands

(2) An amendment to Schedule 1 under this section or subsection 6(2) may be made only if

    (a) the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the marine conservation area, other than such lands situated within the exclusive economic zone of Canada;

    (b) in a case where Her Majesty in right of a province has the administration and control of any of the lands to be included in a marine conservation area, the government of the province has agreed to the use of those lands as a marine conservation area and has transferred their administration and control to Her Majesty in right of Canada for that purpose; and

    (c) the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled.

No reduction of area

(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.

Establish-
ment or enlargement of reserves

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.

Settlement of comprehen-
sive land claims

(2) When a claim described in subsection 4(2) is settled, the Governor in Council may, by order,

    (a) amend Schedule 2 by removing or altering the description of the reserve; and

    (b) if the settlement provides that the reserve or part of it is to become a marine conservation area or part of one, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.

No reduction of area

(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.

Amendment to be tabled and referred

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 proposed marine conservation area or reserve, which report shall include information on consultations undertaken and any agreements reached respecting establishment of the area or reserve and an interim management plan that sets out objectives for managing the area and a zoning plan, 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.

Disapproval by committee

(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.

Disposition of motion for concurrence

(3) The motion shall be debated for not more than three hours and disposed of in accordance with the procedures of the House.

Amendment allowed

(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.

Amendment not allowed

(5) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2).

ADMINISTRATION

Management by Minister

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.

Adminis-
tration of lands

(2) The Minister has the administration of public lands in marine conservation areas.

Facilities and research

(3) The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring, and studies based on traditional ecological knowledge, traditional aboriginal ecological knowledge, in relation to marine conservation areas.

Agreements

(4) The Minister may enter into agreements with other federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and non-governmental organizations for carrying out the purposes of this Act.

Management plans

9. (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies and affected coastal communities, aboriginal organizations and bodies established under land claims agreements, and with any other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area including provision for ecosystem protection, human use and zoning, which shall be tabled in each House of Parliament.

Review of management plans by Minister

(2) The Minister shall review the management plan of a marine conservation area at least every five years, and any amendments to the plan shall be tabled with the plan in each House of Parliament.

Primary considera-
tions

(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.

Minister of Fisheries and Oceans

(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.

Land claims agreements

(5) If a marine conservation area includes lands that are the subject of an aboriginal land claims agreement, the management plan for that area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.

Consultation

10. (1) The Minister shall provide opportunities for consultation with relevant federal and provincial ministers and agencies and affected coastal communities, aboriginal organizations and bodies established under land claims agreements, and with any other persons and bodies 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.

Progress reports

(2) At least every two years, the Minister shall cause to be tabled in 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.

Area advisory committees

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.

Other advisory committees

(2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

Composition

(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.