Bill C-10
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49-50-51 ELIZABETH II |
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CHAPTER 18 |
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[Assented to 13th June, 2002]
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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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Application of
Act to
reserves
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(4) This Act applies to a reserve as if it were
a marine conservation area.
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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 are established in accordance
with this Act for the purpose referred to in
subsection (1) where an area or a portion of an
area proposed for a marine conservation area
is subject to a claim in respect of aboriginal
rights that has been accepted for negotiation
by the Government of Canada.
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Management
and use
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(3) Marine conservation areas 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) Each marine conservation area shall be
divided into zones, which must include at least
one zone that fosters and encourages
ecologically sustainable use of marine
resources and at least one zone that fully
protects special features or sensitive elements
of ecosystems, and may include other types of
zones.
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Establishment
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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Judicial
finding as to
title
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(3) If a court of competent jurisdiction finds
that Her Majesty in right of Canada does not
have clear title to or an unencumbered right of
ownership in lands within a marine
conservation area, the Governor in Council
may, by order, amend Schedule 1 by removing
the name and description of the area or by
altering the description of the area.
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No reduction
of area
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(4) Except as provided by subsection (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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Establishment
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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Reserve
becoming
marine
conservation
area
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(2) Where a claim described in subsection
4(2) is settled, the Governor in Council may,
by order,
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Judicial
finding as to
title
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(3) If a court of competent jurisdiction finds
that Her Majesty in right of Canada does not
have clear title to or an unencumbered right of
ownership in lands within a reserve, the
Governor in Council may, by order, amend
Schedule 2 by removing the name and
description of the reserve or by altering the
description of the reserve.
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No reduction
of area
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(4) Except as provided by subsections (2)
and (3), 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 30 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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Amendment
allowed
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(3) A proposed amendment to Schedule 1 or
2 may be made if 31 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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(4) 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 other persons and
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,
with affected coastal communities, aboriginal
organizations, aboriginal governments and
bodies established under land claims
agreements, and with other persons and bodies
that the Minister considers appropriate,
prepare a management plan for the marine
conservation area that includes a long-term
ecological vision for the marine conservation
area and provision for ecosystem protection,
human use, zoning, public awareness and
performance evaluation, 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
considerations
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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 and
interim 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 or
interim 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
an area that is the subject of a land claims
agreement, the management plan or interim
management plan for the marine conservation
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 consult with
relevant federal and provincial ministers and
agencies, with affected coastal communities,
aboriginal organizations, aboriginal
governments and bodies established under
land claims agreements, and with other
persons and bodies that the Minister considers
appropriate in the development of marine
conservation area policy and regulations, the
establishment of any proposed marine
conservation area and the modification of any
marine conservation area, 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 relevant
federal and provincial ministers and agencies,
with affected coastal communities, aboriginal
organizations, aboriginal governments and
bodies established under land claims
agreements, and with other persons and bodies
that the Minister considers appropriate with
respect to the composition of advisory
committees.
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