Bill C-61

62-63-64 ELIZABETH II

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CHAPTER 38

An Act to amend the Canada National Marine Conservation Areas Act

[Assented to 23rd June, 2015]

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

SHORT TITLE

1. This Act may be cited as the Lake Superior National Marine Conservation Area Act.

CANADA NATIONAL MARINE CONSERVATION AREAS ACT

2. The Canada National Marine Conservation Areas Act is amended by adding the following after section 7:

MARINE CONSERVATION AREAS IN ONTARIO

7.1 (1) The following definitions apply in this section.

“Ontario Water Resources Act” means the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended from time to time.

“water taking” means the taking of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the taking of water is expressed grammatically in that Act or those regulations.

“water transfer” means the transfer of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the transfer of water is expressed grammatically in that Act or those regulations.

(2) The provisions concerning water taking and water transfer of the laws of Ontario, as those provisions are amended from time to time, apply within a marine conservation area in Ontario.

(3) For greater certainty, the laws of Ontario whose provisions concerning water taking and water transfer apply within a marine conservation area in Ontario include the Ontario Water Resources Act, the Environmental Bill of Rights, 1993, S.O. 1993, c. 28, as amended from time to time, and any regulations made under either of them, as those regulations are amended from time to time.

(4) The provisions of the laws of Ontario that relate to the following matters, as those provisions are amended from time to time, apply within a marine conservation area in Ontario with regard to water taking and water transfer:

(a) the administration and enforcement of the laws referred to in subsections (2) and (3);

(b) orders by provincial officers, as defined in the Ontario Water Resources Act, and the review of those orders;

(c) orders by Directors, as defined in the Ontario Water Resources Act; and

(d) hearings held by the Environmental Review Tribunal, within the meaning assigned by the definition “Tribunal” in the Ontario Water Resources Act, and appeals from its decisions.

(5) Despite sections 18 and 19, the duties of marine conservation area wardens and enforcement officers do not include the administration or enforcement of the provisions of the laws of Ontario referred to in subsections (2) to (4).

(6) Persons who are authorized under the laws of Ontario to administer and enforce the provisions of the laws of Ontario referred to in subsections (2) to (4) outside a marine conservation area in Ontario are authorized to administer and enforce those provisions within a marine conservation area in Ontario.

(7) The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, applies to contraventions of the provisions of the laws of Ontario referred to in subsections (2) to (4).

(8) The Statutory Instruments Act does not apply to any instrument that is made or issued under any of the provisions of the laws of Ontario referred to in subsections (2) to (4).

(9) The superintendent of a marine conservation area in Ontario shall not issue a permit or other authorizing instrument relating to water taking or water transfer within the marine conservation area, or amend a permit or other authorizing instrument so as to allow water taking or water transfer within the area.

(10) Section 12 does not apply in respect of any activity that is carried out in conformity with a permit or other authorizing instrument relating to water taking or water transfer within a marine conservation area in Ontario that is made or issued under any of the laws of Ontario referred to in subsections (2) to (4).

3. Subsection 15(1) of the Act is replaced by the following:

15. (1) Subject to section 7.1, the superintendent of a marine conservation area may, to the extent authorized by the regulations, issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area.

4. Schedule 1 to the Act is amended by adding the following:

LAKE SUPERIOR NATIONAL MARINE CONSERVATION AREA OF CANADA

In the Province of Ontario, District of Thunder Bay, more particularly described as follows:

FIRSTLY:

Land and land under the water of part of Lake Superior, and land and land under water of part of the Nipigon River in the Geographic Township of Nipigon, being composed of Parcels 1, 17 to 20, 24, 27, 34, 36, 37, 43, 45, 59, 109, 110, 114, 116, 117 to 122 and 124 on a plan recorded in the Canada Lands Surveys Records at Ottawa as Plan 103778 CLSR, containing 1,080,596 hectares, more or less;

SECONDLY:

Land under the water of part of Lake Superior being composed of Parcels 46 and 123, as shown on said Plan 103778 CLSR, containing 222 hectares, more or less;

THIRDLY:

Part of Lot 4, Concession 1, Geographic Township of Lyon being composed of Parcel 38, as shown on said Plan 103778 CLSR, containing 68 hectares, more or less;

FOURTHLY:

Part of the unsubdivided Geographic Township of Strey being composed of Parcels 127 and 128, as shown on said Plan 103778 CLSR, containing 53 hectares, more or less;

FIFTHLY:

Part of the unsubdivided Geographic Township of Syine being composed of Parcel 129, as shown on said Plan 103778 CLSR, containing 48 hectares, more or less.

COMING INTO FORCE

5. Section 4 comes into force on a day to be fixed by order of the Governor in Council.