CONSOLIDATION

Experimental Lakes Area Research Activities Regulations

SOR/2014-95

Current to June 20, 2022



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. 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

TABLE OF PROVISIONS Experimental Lakes Area Research Activities Regulations 1

Definitions

Application

Authority to deposit deleterious substance

Condition — annual report

Condition — emergency response plan

Condition — requirement to notify

Time limit for notification

Coming into force

SCHEDULE 1 SCHEDULE 2

Current to June 20, 2022

ii

Registration SOR/2014-95 April 17, 2014

FISHERIES ACT Experimental Regulations

Lakes

Area

Research

Activities

Whereas the Governor in Council has made the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act under subsection 36(5.1)a of the Fisheries Actb; And whereas the conditions established in those Regulations for the exercise of the Minister’s regulation-making power under subsection 36(5.2)a of that Act have been met; Therefore, the Minister of the Environment, pursuant to subsection 36(5.2)a of the Fisheries Act b, makes the annexed Experimental Lakes Area Research Activities Regulations. Ottawa, April 16, 2014 LEONA AGLUKKAQ Minister of the Environment

a

S.C. 2012, c. 19, s. 143(2)

b

R.S., c. F-14

Current to June 20, 2022

Experimental Lakes Area Research Activities Regulations

Definitions 1 The following definitions apply in these Regulations.

Act means the Fisheries Act. (Loi) aquatic research project means a project that involves the deposit of a deleterious substance in water frequented by fish and any monitoring related to that project. (projet de recherche aquatique) deleterious substance has the same meaning as in subsection 34(1) of the Act. (substance nocive) Director means the Director, Forest Products and Fisheries Act Division, Industrial Sectors Directorate, Environmental Stewardship Branch, Department of the Environment. (directeur) Experimental Lakes Area means the area located in Ontario and comprising the lakes set out in Schedule 1 and the streams set out in Schedule 2. (Région des lacs expérimentaux) operator means the person who manages the Experimental Lakes Area. (exploitant) Application 2 These Regulations apply in respect of the Experimental Lakes Area. Authority to deposit deleterious substance 3 A deleterious substance may be deposited in the Experimental Lakes Area during the course of an aquatic research project if the purpose of the deposit is solely for scientific research and the conditions set out in sections 4 to 7 are met. Condition — annual report 4 The operator must, not later than March 31 of each

year, submit to the Director a report for the preceding calendar year containing the following information: (a) the name of the operator; (b) the operator’s contact information, including their address and telephone number, and email address, if any;

Current to June 20, 2022

Experimental Lakes Area Researchivities Regulations Sections 4-5

(c) the name and resumé, including a list of publications, of each person responsible for the supervision of every aquatic research project conducted in the Experimental Lakes Area; (d) contact information for each person referred to in paragraph (c), including their address and telephone number, and email address, if any; (e) the reporting period; (f) the date of the report; (g) the number of aquatic research projects conducted

during the reporting period; and (h) the following information in respect of each aquatic research project conducted during the reporting period: (i) the title, (ii) the starting date and the actual or projected

ending date, (iii) the name and affiliation of the lead researcher, (iv) a summary of the project, including how it has contributed or will contribute to the development of knowledge for the purpose of managing, conserving, protecting or restoring fish populations or water frequented by fish, (v) for each deposit, if any, made in the course of

the project, the date and duration of the deposit, the location of the deposit, consisting of the lake or stream where the deposit is made and its latitude and longitude, the substance deposited and the amount deposited or the concentration of the substance in the deposit along with the flow rate of the deposit, (vi) a summary of the findings up to the end of the reporting period, (vii) a list of publications related to the project, if

any, and (viii) a summary of any measures put in place to

limit the harmful effects of any deposit on fish populations and water frequented by fish. Condition — emergency response plan 5 (1) The operator must prepare an emergency response plan, update it annually and make it readily available on site to the persons who are to implement it.

Current to June 20, 2022

Experimental Lakes Area Researchivities Regulations Sections 5-8

Elements of the plan (2) The emergency response plan must include the following elements: (a) the identification of the risks for potential unanticipated deposits that could reasonably be expected to have harmful effects on fish, fish habitat or the use of fish by man; (b) a description of the processes put in place to prevent, prepare for and respond to those risks; (c) a list of individuals who are to be responsible for

implementing the plan and a description of their roles and responsibilities; (d) the identification of the training required for those individuals; and (e) alerting and notification procedures, including the

measures to be taken to notify members of the public who may be adversely affected by the unanticipated deposits referred to in paragraph (a). Condition — requirement to notify 6 The operator must notify a fishery officer or an inspector in writing as soon as feasible in the event of unanticipated morbidity and mortality in fish that occurs as a result of any aquatic research project conducted in the Experimental Lakes Area. Time limit for notification 7 The operator must notify the Director in writing if the

processes referred to in section 3 of the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act change in a way that could result in a failure to meet one or more of the conditions set out in that section, and must do so not later than 10 business days after that change occurs. Coming into force 8 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022

Experimental Lakes Area Researchivities Regulations SCHEDULE 1

SCHEDULE 1 (Section 1)

Lakes Column 1

Column 2

Column 3

Item

Lake Number

Latitude

Longitude

49°44′55″N

93°50′45″W

49°44′04″N

93°46′31″W

49°44′23″N

93°49′10″W

49°44′37″N

93°49′19″W

49°44′34″N

93°50′06″W

49°40′18″N

93°45′22″W

49°40′36″N

93°46′46″W

49°41′13″N

93°55′51″W

49°37′18″N

93°49′12″W

49°37′27″N

93°48′40″W

49°34′43″N

93°46′46″W

49°42′20″N

93°43′44″W

49°42′05″N

93°43′36″W

49°41′47″N

93°43′21″W

49°41′54″N

93°42′28″W

49°41′24″N

93°43′01″W

49°41′15″N

93°42′50″W

49°41′23″N

93°44′38″W

49°41′16″N

93°41′20″W

49°39′46″N

93°43′22″W

49°39′16″N

93°43′36″W

49°41′49″N

93°46′02″W

49°42′50″N

93°41′56″W

49°42′42″N

93°41′33″W

49°43′32″N

93°37′44″W

49°40′36″N

93°45′39″W

49°39′51″N

93°44′30″W

49°39′33″N

93°44′55″W

Current to June 20, 2022

Experimental Lakes Area Researchivities Regulations SCHEDULE 1

Column 1

Column 2

Column 3

Item

Lake Number

Latitude

Longitude

49°41′27″N

93°41′33″W

49°39′46″N

93°38′49″W

49°39′55″N

93°38′05″W

49°44′41″N

93°47′55″W

49°44′44″N

93°47′16″W

49°43′16″N

93°46′23″W

49°42′38″N

93°46′32″W

49°42′18″N

93°40′40″W

49°42′57″N

93°37′41″W

49°42′49″N

93°36′37″W

49°45′16″N

93°43′14″W

49°45′29″N

93°46′00″W

49°46′32″N

93°49′03″W

49°39′33″N

93°44′04″W

49°45′52″N

93°50′50″W

49°45′56″N

93°50′11″W

49°46′08″N

93°49′21″W

49°45′12″N

93°47′52″W

49°45′29″N

93°47′10″W

49°44′57″N

93°50′09″W

49°40′36″N

93°47′36″W

49°39′07″N

93°49′03″W

49°44′01″N

93°44′13″W

49°43′30″N

93°45′26″W

49°39′34″N

93°44′26″W

49°37′56″N

93°44′10″W

49°37′24″N

93°44′39″W

49°40′22″N

93°57′38″W

49°38′48″N

93°43′34″W

49°37′36″N

93°43′58″W

Current to June 20, 2022

Experimental Lakes Area Researchivities Regulations SCHEDULE 2

SCHEDULE 2 (Section 1)

Streams Item

Stream

Stream between Lake 649 (49°48′59″N, 93°45′33″W) and Lake 653 (49°46′49″N, 93°47′58″W)

Stream between Lake 653 and Lake 376 (49°45′25″N, 93°44′37″W)

Stream between Lake 376 and Lake 660 (49°47′14″N, 93°41′41″W)

Current to June 20, 2022

