CONSOLIDATION

Basin Head Marine Protected Area Regulations

SOR/2005-293

Current to June 20, 2022 Last amended on August 28, 2019



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 28, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on August 28, 2019

TABLE OF PROVISIONS Basin Head Marine Protected Area Regulations

Interpretation

Designation

Prohibited Activities

Exceptions

Activity Plan

Reporting of Accidents

Coming into Force SCHEDULE/ANNEXE

Current to June 20, 2022 Last amended on August 28, 2019

ii

Registration SOR/2005-293

September 26, 2005

OCEANS ACT Basin Head Marine Protected Area Regulations

P.C. 2005-1657

September 26, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans Acta, hereby makes the annexed Basin Head Marine Protected Area Regulations.

a

S.C. 1996, c. 31

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations

Interpretation 1 (1) The following definitions apply in these Regulations. Area means the Basin Head Marine Protected Area designated under section 2. (zone) vessel has the same meaning as in section 2 of the Canada Shipping Act. (bâtiment) waters means, in addition to the waters, the seabed and subsoil below the waters to a depth of two metres. (eaux) (2) In these Regulations, all geographical coordinates

(latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) geodetic reference system. (3) In the schedule, the lines connecting the points are

rhumb lines.

Designation 2 The areas of the sea at Basin Head comprised of the

management zones described below — and depicted in the schedule — are together designated as the Basin Head Marine Protected Area: (a) Zone 1, consisting of waters lying generally northeast of a rhumb line connecting points at 46°23′20″ N, 62°06′10″ W and 46°23′18″ N, 62°06′08″ W, that are within an area of the sea bounded by the low-water line of the harbour and by the rhumb line to its points of intersection with the low-water line; (b) Zone 2, consisting of waters that are within an area of the sea bounded by the low-water line of the harbour and by the following rhumb lines to their respective points of intersection with the low-water line, namely, (i) a line connecting points at 46°23′20″ N,

62°06′10″ W and 46°23′18″ N, 62°06′08″ W, and (ii) a line connecting points at 46°22′39″ N,

62°06′29″ W and 46°22′40″ N, 62°06′29″ W; and

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations Designation Sections 2-4

(c) Zone 3, consisting of waters that are within an area of the sea bounded by the low-water line of the Northumberland Straight and by the following rhumb lines, namely, (i) to its points of intersection with the low-water line, a line connecting points at 46°22′39″ N, 62°06′29″ W and 46°22′40″ N, 62°06′29″ W, (ii) to its point of intersection with the low-water

line, a line connecting points at 46°23′51″ N, 62°04′30″ W and 46°22′55″ N, 62°04′02″ W, (iii) a line connecting points at 46°22′55″ N,

62°04′02″ W and 46°21′07″ N, 62°07′36″ W, and (iv) to its point of intersection with the low-water line, a line connecting points at 46°21′07″ N, 62°07′36″ W and 46°22′04″ N, 62°08′04″ W.

Prohibited Activities 3 (1) In the Area, no person shall (a) disturb, damage or destroy, or remove from the Area, any living marine organism or any part of its habitat; or (b) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat. (2) Despite subsection (1), a person may carry out any activity excepted under section 4 or any scientific or educational activity for which a plan is approved under section 6.

Exceptions 4 The following activities may be carried out in the Area: (a) the following fishing activities, namely, (i) fishing that is carried out in accordance with the

Aboriginal Communal Fishing Licences Regulations, (ii) in Zone 2 or 3, any recreational fishing activity that is carried out in accordance with the Maritime Provinces Fishery Regulations or the Wildlife Conservation Act of Prince Edward Island, R.S.P.E.I. 1988, c. W-4.1, and

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations Exceptions Sections 4-5

(iii) in Zone 2 or 3, any commercial fishing activity that is carried out in accordance with the Atlantic Fishery Regulations 1985,or the Maritime Provinces Fishery Regulations; (b) in Zone 2, the operation of a motorized vessel

south of a rhumb line connecting points at 46°22′56″ N, 62°06′39″ W and 46°22′56″ N and 62°06′34″ W solely for the purpose of transiting that area in order to launch the vessel from, or land it at, a boat launch; (c) any of the following activities — for which approval or authorization is not required under the Canadian Navigable Waters Act or the Fisheries Act, as the case may be, or that is carried out in accordance with an approval or authorization required under either of those Acts — namely, (i) in Zone 2, the maintenance, repair or removal of a bridge, wharf or boat launch, and (ii) in Zone 3, the maintenance, repair or removal

of a bridge or wharf; and (d) any activity that is carried out for the purpose of

public safety, national defence, national security or law enforcement or in response to an emergency. SOR/2008-99, s. 23(E); SOR/2017-58, s. 52; 2019, c. 28, s. 187.

Activity Plan 5 Every person who proposes to carry out a scientific or

an educational activity in the Area shall submit to the Minister for approval, not less than 60 days before the day on which the activity is proposed to begin, a plan that contains the following information and documents: (a) the name, address and telephone number and, if

applicable, the facsimile number and electronic mail address of a person who can be contacted in respect of the plan; (b) a detailed description of the proposed activity that

sets out (i) its purpose, (ii) the period or periods during which it is to be

carried out, (iii) a map on which its location is identified, (iv) the types of data that are to be collected, if any,

and the sampling protocols or other techniques to be used to collect the data,

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations Activity Plan Sections 5-7

(v) the types of equipment, if any, that are to be used during the proposed activity, including those for gathering data and, if any of the equipment is to be anchored or moored in the Area, the methods by which the anchoring or mooring is to be conducted, (vi) the type and identity of every vessel that is to

be used to carry out the proposed activity, and (vii) every substance, if any, that is to be deposited, discharged or dumped within the Area during the proposed activity; (c) an assessment of the environmental effects that

are likely to occur within the Area as a result of the proposed activity; and (d) a list of every licence, permit, authorization or

consent obtained or applied for in respect of the proposed activity. 6 (1) The Minister shall, within 30 days after the day on which a plan that is submitted in accordance with section 5 is received, approve the plan if the proposed activity is not likely to damage or destroy the habitat of a living marine organism in the Area and (a) in the case of a scientific activity that is proposed

to be carried out in Zone 1, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and (b) in the case of an educational activity that is proposed to be carried out in Zone 1, the activity is for the purpose of increasing public awareness of the Area or providing information in respect of the conservation measures implemented in the Area. (2) Despite subsection (1), the Minister shall not approve a plan if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out within the Area, are likely to damage or destroy the habitat of living marine organisms in the Area. SOR/2008-99, s. 24(E).

Reporting of Accidents 7 Every person involved in an accident that is likely to

result in any disturbance, damage, destruction or removal prohibited under subsection 3(1) shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations Coming into Force Section 8

Coming into Force 8 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022 Last amended on August 28, 2019

Basin Head Marine Protected Area Regulations SCHEDULE/ANNEXE

SCHEDULE/ANNEXE (Subsection 1(3) and section 2/paragraphe 1(3) et article 2)

BASIN HEAD MARINE PROTECTED AREA/ZON

Current to June 20, 2022 Last amended on August 28, 2019

