Bill C-10
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-10 |
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An Act respecting the national marine
conservation areas of Canada
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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 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;
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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 Canada
National Marine Conservation Areas Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``disposal'' « immersion »
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``disposal'' has the same meaning as in section
122 of the Canadian Environmental
Protection Act, 1999, read without
reference to the sea.
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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 conservation »
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``marine conservation area'' means a national
marine conservation area of Canada named
and described in Schedule 1.
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``marine
conservation
area warden'' « garde d'aire marine de conservation »
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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 national marine
conservation area reserve of Canada named
and described in Schedule 2.
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``superintende
nt'' « directeur »
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``superintendent'' means a person appointed
under the Parks Canada Agency 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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``waste or
other matter'' « déchets ou autres matières »
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``waste or other matter'' means waste or other
matter listed in Schedule 5 to the Canadian
Environmental Protection Act, 1999.
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Aboriginal
rights
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(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.
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Exclusive
economic
zone
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(3) The establishment of a marine
conservation area within the exclusive
economic zone of Canada does not constitute
a claim to any rights, jurisdiction or duties
beyond those set out in section 14 of the
Oceans Act.
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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
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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 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 as a comprehensive land claim.
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Management
and use
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(3) Marine conservation areas and reserves
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.
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Zones
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(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.
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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
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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 in
Parliament
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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 proposed marine conservation area or
reserve, which report shall include
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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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Administratio
n 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 scientific research and
monitoring and carry out studies based on
traditional ecological knowledge, including
traditional aboriginal ecological knowledge,
in relation 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, bodies established under land
claims agreements 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 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.
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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 at least 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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Land claims
agreements
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(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.
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Consultation
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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.
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Progress
reports
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(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.
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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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