CONSOLIDATION

Laurentian Channel Marine Protected Area Regulations

SOR/2019-105

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 . Any amendments that were not in force as of are set out at the end of this document under the heading “Amendments Not in Force”.

TABLE OF PROVISIONS Laurentian Channel Marine Protected Area Regulations

Interpretation 1

Definition of Marine Protected Area

Designation 2

Marine Protected Area

Management Zones 3

Description

Prohibited Activities 4

Prohibition

Exceptions 5

Permitted activities

Activity Plan 6

Submission to Minister

Approval of activity plan

Post-activity report

Coming into Force 9

Registration

SCHEDULE

Laurentian Channel Marine Protected Area

ii

Registration SOR/2019-105

April 15, 2019

OCEANS ACT Laurentian Channel Regulations P.C. 2019-339

Marine

Protected

Area

April 12, 2019

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, makes the annexed Laurentian Channel Marine Protected Area Regulations.

a

S.C. 1996, c. 31

Laurentian Channel Marine Protected Area Regulations

Interpretation Definition of Marine Protected Area 1 (1) In these Regulations, Marine Protected Area

means the area of the sea that is designated by section 2.

Geographical coordinates (2) In the schedule, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) reference system. Geographical coordinates for points (3) The geographical coordinates of the points referred to in sections 2 and 3 are set out in the schedule.

Designation Marine Protected Area 2 (1) The area of the sea depicted in the schedule that is

bounded by the following lines is designated as the Laurentian Channel Marine Protected Area: (a) a series of rhumb lines drawn from points 1 to 8; (b) a geodesic line drawn from point 8 to point 9; and (c) a series of rhumb lines drawn from points 9 to 18 and then back to point 1.

Seabed, subsoil and water column (2) The Marine Protected Area consists of the seabed,

the subsoil to a depth of five metres and the water column above the seabed.

Management Zones Description 3 The Marine Protected Area consists of the following management zones, each of which is depicted in the schedule: (a) Zone 1a, which is bounded by a series of rhumb

lines drawn from point 6 to point 7, then to points 19 to 23 and then back to point 6;

Laurentian Channel Marine Protected Area Regulations Management Zones Sections 3-5

(b) Zone 1b, which is bounded by a series of rhumb

lines drawn from points 24 to 27 and then back to point 24; (c) Zone 2a, which is bounded by a series of rhumb

lines drawn from points 1 to 6, then to point 23, then to point 22, then to points 14 to 18 and then back to point 1; and (d) Zone 2b, which is bounded by (i) a series of rhumb lines drawn from point 7 to

point 24, then to point 27, then to point 26, then to point 25 and then to point 8, (ii) a geodesic line drawn from point 8 to point 9,

and (iii) a series of rhumb lines drawn from points 9 to

13, then to point 21, then to point 20, then to point 19 and then back to point 7.

Prohibited Activities Prohibition 4 It is prohibited to carry out any activity in the Marine

Protected Area that disturbs, damages, destroys or removes from the Marine Protected Area any living marine organism or any part of its habitat or is likely to do so.

Exceptions Permitted activities 5 Despite section 4, the following activities may be carried out in the Marine Protected Area: (a) the navigation of vessels provided that there is no

anchoring in Zone 1a or 1b; (b) fishing, other than commercial fishing, that is authorized under the Aboriginal Communal Fishing Licences Regulations; (c) the laying, maintenance and repair of cables in Zones 2a and 2b, provided that it is not likely to destroy the habitat of any living marine organism in the Marine Protected Area; (d) any activity that is carried out for the purpose of

public safety, national defence, national security, law enforcement or responding to an emergency; and (e) any activity that is part of an activity plan that has

been approved by the Minister.

Laurentian Channel Marine Protected Area Regulations Activity Plan Section 6

Activity Plan Submission to Minister 6 (1) Any person may submit to the Minister an activity

plan for the carrying out of scientific research or monitoring or educational activities in the Marine Protected Area. Content of plan (2) The activity plan must contain (a) the person’s name, address, telephone number and email address; (b) if the activity plan is submitted by an institution or

organization, the name of the individual who will be responsible for the proposed activity and their title, address, telephone number and email address; (c) the name of each vessel that the person proposes

to use to carry out the activity, its state of registration and registration number, its radio call sign and the name, address, telephone number and email address of its owner, master and any operator; (d) a detailed description of the proposed activity and its purpose, the methods or techniques that are to be used to carry out the activity and the data to be collected; (e) the geographical coordinates of the site of the proposed activity and a map that shows the location of the activity within the boundaries of the Marine Protected Area; (f) the proposed dates and alternative dates on which the activity is to be carried out; (g) a list of the equipment that is to be used, the

means by which it will be deployed and retrieved and the methods by which it is to be anchored or moored; (h) a list of the type and quantity of samples that are to be collected; (i) a list of any substances that may be deposited during the proposed activity in the Marine Protected Area — other than substances that are authorized under the Canada Shipping Act, 2001 to be deposited in the navigation of a vessel — and the quantity and concentration of each substance; (j) a description of the adverse environmental effects

that are likely to result from carrying out the proposed activity and of any measures that are to be taken to monitor, avoid, minimize or mitigate those effects;

Laurentian Channel Marine Protected Area Regulations Activity Plan Sections 6-7

(k) a description of any scientific research or monitoring activity or educational activity that the person has carried out or anticipates carrying out in the Marine Protected Area; and (l) a general description of any study, report or other work that is anticipated to result from the proposed activity and its anticipated date of completion.

Approval of activity plan 7 (1) The Minister must approve an activity plan if (a) the scientific research or monitoring activities set

out in the plan are not likely to destroy the habitat of any living marine organism in the Marine Protected Area and (i) will serve to increase knowledge of the habitat of any living marine organism or the biodiversity or the ecosystem structure and function of the Marine Protected Area, or (ii) will serve to assist in the management of the

Marine Protected Area; and (b) the educational activities set out in the plan (i) are not likely to damage, destroy or remove from the Marine Protected Area any living marine organism or any part of its habitat, and (ii) will serve to increase public awareness of the Marine Protected Area.

Approval prohibited (2) Despite subsection (1), the Minister must not approve an activity plan if (a) any substance that may be deposited during the proposed activity is a deleterious substance as defined in subsection 34(1) of the Fisheries Act, unless the deposit of the substance is authorized under subsection 36(4) of that Act; or (b) the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out in the Marine Protected Area, are such that the activity is likely to destroy the habitat of any living marine organism in the Marine

Laurentian Channel Marine Protected Area Regulations Activity Plan Sections 7-9

Protected Area or adversely impact the biodiversity or the ecosystem structure and function of the Marine Protected Area. Timeline for approval (3) The Minister’s decision in respect of an activity plan

must be made within (a) 60 days after the day on which the plan is received;

or (b) if amendments to the plan are made, 60 days after

the day on which the amended plan is received. Post-activity report 8 (1) If the Minister approves an activity plan, the person who submitted it must provide the Minister with a post-activity report within 90 days after the last day of the activity. The report must contain (a) the data collected during the activity; (b) the type and quantity of any sample that was collected, the date of collection and the geographic coordinates of the sampling site; (c) an evaluation of the effectiveness of any measures

taken to monitor, avoid, minimize or mitigate the adverse environmental effects of the activity; and (d) a description of any event that occurred during the

activity and that was not anticipated in the activity plan, if the event could result in the disturbance, damage, destruction or removal from the Marine Protected Area of any living marine organism or any part of its habitat. Studies, reports or other works (2) The person must also provide the Minister with a

copy of any study, report or other work that results from the activity and is related to the conservation and protection of the Marine Protected Area. The study, report or other work must be provided within 90 days after the day on which it is completed.

Coming into Force Registration 9 These Regulations come into force on the day on

which they are registered.

Laurentian Channel Marine Protected Area Regulations SCHEDULE Laurentian Channel Marine Protected Area

SCHEDULE (Subsections 1(2) and (3), subsection 2(1) and section 3)

Laurentian Channel Marine Protected Area

