Oceans Act (1996)
An Act respecting the oceans
of Canada
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Preamble |
WHEREAS Canada
recognizes that the three oceans, the Arctic, the Pacific and the Atlantic,
are the common heritage of all Canadians; WHEREAS Parliament
wishes to reaffirm Canada's role as a world leader in oceans and marine
resource management; WHEREAS Parliament
wishes to affirm in Canadian domestic law Canada's sovereign rights,
jurisdiction and responsibilities in the exclusive economic zone of Canada; WHEREAS Canada
promotes the understanding of oceans, ocean processes, marine resources and
marine ecosystems to foster the sustainable development of the oceans and
their resources; WHEREAS Canada holds
that conservation, based on an ecosystem approach, is of fundamental
importance to maintaining biological diversity and productivity in the marine
environment; WHEREAS Canada
promotes the wide application of the precautionary approach to the
conservation, management and exploitation of marine resources in order to
protect these resources and preserve the marine environment; WHEREAS Canada
recognizes that the oceans and their resources offer significant
opportunities for economic diversification and the generation of wealth for
the benefit of all Canadians, and in particular for coastal communities; WHEREAS Canada
promotes the integrated management of oceans and marine resources; AND WHEREAS the
Minister of Fisheries and Oceans, in collaboration with other ministers,
boards and agencies of the Government of Canada, with provincial and
territorial governments and with affected aboriginal organizations, coastal
communities and other persons and bodies, including those bodies established
under land claims agreements, is encouraging the development and
implementation of a national strategy for the management of estuarine,
coastal and marine ecosystems; 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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1. This Act may be cited as the Oceans Act. |
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2. In this Act, |
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"artificial
island" ´ Óle artificielle ª |
"artificial
island" means any man-made extension of the seabed or a seabed feature,
whether or not the extension breaks the surface of the superjacent waters; |
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"Department"
´ ministËre ª |
"Department"
means the Department of Fisheries and Oceans; |
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"federal
laws" ´ droit ª |
"federal laws"
includes Acts of Parliament, regulations as defined in subsection 2(1) of the
Interpretation Act and any other rules of law within the jurisdiction
of Parliament, but does not include ordinances within the meaning of the Northwest
Territories Act or the Yukon Act or laws of the Legislature for
Nunavut; |
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"law" ´ droit ª |
"law", in
respect of a province, includes a law or rule of law from time to time in
force in the province, other than federal laws, and the provisions of any
instrument having effect under any such law; |
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"marine
installation or structure" ´ ouvrages en mer ª |
"marine installation
or structure" includes (a) any ship and
any anchor, anchor cable or rig pad used in connection therewith, (b) any offshore
drilling unit, production platform, subsea installation, pumping station,
living accommodation, storage structure, loading or landing platform, dredge,
floating crane, pipelaying or other barge or pipeline and any anchor, anchor
cable or rig pad used in connection therewith, and (c) any other
work or work within a class of works prescribed pursuant to paragraph 26(1)(a); |
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"Minister"
´ ministre ª |
"Minister"
means the Minister of Fisheries and Oceans; |
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"ship"
´ navire ª |
"ship" includes
any description of vessel, boat or craft designed, used or capable of being
used solely or partly for marine navigation without regard to method or lack
of propulsion. 1996, c. 31, s. 2;
1993, c. 28, s. 78; 1998, c. 15, s. 35. |
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2.1 For greater certainty, nothing in this Act shall
be construed so as to abrogate or derogate from any existing aboriginal or
treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution
Act, 1982. |
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3. This Act is binding on Her Majesty in right of
Canada or a province. |
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4. The territorial sea of Canada consists of a belt
of sea that has as its inner limit the baselines described in section 5 and
as its outer limit (a) subject to
paragraph (b), the line every point of which is at a distance of 12
nautical miles from the nearest point of the baselines; or (b) in respect of
the portions of the territorial sea of Canada for which geographical
coordinates of points have been prescribed pursuant to subparagraph 25(a)(ii),
lines determined from the geographical coordinates of points so prescribed. |
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5. (1) Subject to subsections (2) and (3), the
baseline is the low-water line along the coast or on a low-tide elevation
that is situated wholly or partly at a distance not exceeding the breadth of
the territorial sea of Canada from the mainland or an island. |
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Geographical
coordinates of points |
(2) In respect of any area
for which geographical coordinates of points have been prescribed pursuant to
subparagraph 25(a)(i) and subject to any exceptions in the regulations
for (a) the use of the
low-water line along the coast between given points, and (b) the use of the
low-water lines of low-tide elevations that are situated wholly or partly at
a distance not exceeding the breadth of the territorial sea of Canada from
the mainland or an island, the baselines are
straight lines interpreted as geodesics joining the consecutive geographical
coordinates of points so prescribed. |
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Baselines where
historic title |
(3) In respect of any area
not referred to in subsection (2), the baselines are the outer limits of any
area, other than the territorial sea of Canada, over which Canada has a
historic or other title of sovereignty. |
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Low-tide elevations |
(4) For the purposes of
this section, a low-tide elevation is a naturally formed area of land that is
surrounded by and above water at low tide but submerged at high tide. |
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6. The internal waters of Canada consist of the
waters on the landward side of the baselines of the territorial sea of
Canada. |
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7. For greater certainty, the internal waters of
Canada and the territorial sea of Canada form part of Canada. |
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8. (1) For greater certainty, in any area of the sea
not within a province, the seabed and subsoil below the internal waters of
Canada and the territorial sea of Canada are vested in Her Majesty in right
of Canada. |
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Saving |
(2) Nothing in this
section abrogates or derogates from any legal right or interest held before
February 4, 1991. |
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9. (1) Subject to this section and to any other Act
of Parliament, the laws of a province apply in any area of the sea (a) that forms part
of the internal waters of Canada or the territorial sea of Canada; (b) that is not
within any province; and (c) that is prescribed
by the regulations. |
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Limitation |
(2) Subject to any
regulations made pursuant to paragraph 26(1)(d), subsection (1) does
not apply in respect of any provision of a law of a province that (a) imposes a tax
or royalty; or (b) relates to
mineral or other non-living natural resources. |
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Interpretation |
(3) For the purposes of
this section, the laws of a province shall be applied as if the area of the
sea in which those laws apply under this section were within the territory of
that province. |
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Sums due to province |
(4) Any sum due under a
law of a province that applies in an area of the sea under this section
belongs to Her Majesty in right of the province. |
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Limitation |
(5) For greater certainty,
this section shall not be interpreted as providing a basis for any claim, by
or on behalf of a province, in respect of any interest in or legislative
jurisdiction over any area of the sea in which a law of a province applies
under this section or the living or non-living resources of that area, or as
limiting the application of any federal laws. |
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10. The contiguous zone of Canada consists of an area
of the sea that has as its inner limit the outer limit of the territorial sea
of Canada and as its outer limit the line every point of which is at a
distance of 24 nautical miles from the nearest point of the baselines of the
territorial sea of Canada, but does not include an area of the sea that forms
part of the territorial sea of another state or in which another state has
sovereign rights. |
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Prevention in
contiguous zone of infringement of federal laws |
11. A person who is responsible for the enforcement of
a federal law that is a customs, fiscal, immigration or sanitary law and who
has reasonable grounds to believe that a person in the contiguous zone of
Canada would, if that person were to enter Canada, commit an offence under
that law may, subject to Canada's international obligations, prevent the
entry of that person into Canada or the commission of the offence and, for
greater certainty, section 25 of the Criminal Code applies in respect
of the exercise by a person of any powers under this section. |
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12. (1) Where there are reasonable grounds to believe
that a person has committed an offence in Canada in respect of a federal law
that is a customs, fiscal, immigration or sanitary law, every power of
arrest, entry, search or seizure or other power that could be exercised in
Canada in respect of that offence may also be exercised in the contiguous
zone of Canada. |
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Limitation |
(2) A power of arrest
referred to in subsection (1) shall not be exercised in the contiguous zone
of Canada on board any ship registered outside Canada without the consent of
the Attorney General of Canada. |
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13. (1) The exclusive economic zone of Canada consists
of an area of the sea beyond and adjacent to the territorial sea of Canada
that has as its inner limit the outer limit of the territorial sea of Canada
and as its outer limit (a) subject to
paragraph (b), the line every point of which is at a distance of 200
nautical miles from the nearest point of the baselines of the territorial sea
of Canada; or (b) in respect of a
portion of the exclusive economic zone of Canada for which geographical
coordinates of points have been prescribed pursuant to subparagraph 25(a)(iii),
lines determined from the geographical coordinates of points so prescribed. |
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Determination of the
outer limit of the exclusive economic zone of Canada |
(2) For greater certainty,
paragraph (1)(a) applies regardless of whether regulations are made
pursuant to subparagraph 25(a )(iv) prescribing geographical
coordinates of points from which the outer limit of the exclusive economic
zone of Canada may be determined. |
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14. Canada has (a) sovereign
rights in the exclusive economic zone of Canada for the purpose of exploring
and exploiting, conserving and managing the natural resources, whether living
or non-living, of the waters superjacent to the seabed and of the seabed and
its subsoil, and with regard to other activities for the economic
exploitation and exploration of the exclusive economic zone of Canada, such
as the production of energy from the water, currents and winds; (b) jurisdiction in
the exclusive economic zone of Canada with regard to (i) the establishment
and use of artificial islands, installations and structures, (ii) marine scientific
research, and (iii) the protection
and preservation of the marine environment; and (c) other rights
and duties in the exclusive economic zone of Canada provided for under
international law. |
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15. (1) For greater certainty, any rights of Canada in
the seabed and subsoil of the exclusive economic zone of Canada and their
resources are vested in Her Majesty in right of Canada. |
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Saving |
(2) Nothing in this section
abrogates or derogates from any legal right or interest held before February
4, 1991. |
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16. The fishing zones of Canada consist of areas of
the sea adjacent to the coast of Canada that are prescribed in the
regulations. |
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17. (1) The continental shelf of Canada is the seabed
and subsoil of the submarine areas, including those of the exclusive economic
zone of Canada, that extend beyond the territorial sea of Canada throughout
the natural prolongation of the land territory of Canada (a) subject to
paragraphs (b) and (c ), to the outer edge of the continental
margin, determined in the manner under international law that results in the
maximum extent of the continental shelf of Canada, the outer edge of the
continental margin being the submerged prolongation of the land mass of
Canada consisting of the seabed and subsoil of the shelf, the slope and the
rise, but not including the deep ocean floor with its oceanic ridges or its
subsoil; (b) to a distance
of 200 nautical miles from the baselines of the territorial sea of Canada
where the outer edge of the continental margin does not extend up to that
distance; or (c) in respect of a
portion of the continental shelf of Canada for which geographical coordinates
of points have been prescribed pursuant to subparagraph 25(a)(iii), to
lines determined from the geographical coordinates of points so prescribed. |
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Determination of the
outer limit of the continental shelf of Canada |
(2) For greater certainty,
paragraphs (1)(a) and (b) apply regardless of whether
regulations are made pursuant to subparagraph 25(a )(iv) prescribing
geographical coordinates of points from which the outer edge of the
continental margin or other outer limit of the continental shelf of Canada
may be determined. |
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18. Canada has sovereign rights over the continental
shelf of Canada for the purpose of exploring it and exploiting the mineral
and other non-living natural resources of the seabed and subsoil of the
continental shelf of Canada, together with living organisms belonging to
sedentary species, that is to say, organisms that, at the harvestable stage,
either are immobile on or under the seabed of the continental shelf of Canada
or are unable to move except in constant physical contact with the seabed or
the subsoil of the continental shelf of Canada. |
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19. (1) For greater certainty, any rights of Canada in
the continental shelf of Canada are vested in Her Majesty in right of Canada. |
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Saving |
(2) Nothing in this
section abrogates or derogates from any legal right or interest held before
February 4, 1991. |
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Application
of federal laws -- continental shelf installations |
20. (1) Subject to any regulations made pursuant to
paragraph 26(1)(j) or (k), federal laws apply (a) on or under any
marine installation or structure from the time it is attached or anchored to
the continental shelf of Canada in connection with the exploration of that
shelf or the exploitation of its mineral or other non-living resources until
the marine installation or structure is removed from the waters above the
continental shelf of Canada; (b) on or under any
artificial island constructed, erected or placed on the continental shelf of
Canada; and (c) within such
safety zone surrounding any marine installation or structure or artificial
island referred to in paragraph (a) or (b) as is determined by
or pursuant to the regulations. |
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Interpretation |
(2) For the purposes of
subsection (1), federal laws shall be applied (a) as if the
places referred to in that subsection formed part of the territory of Canada; (b) notwithstanding
that by their terms their application is limited to Canada; and (c) in a manner
that is consistent with the rights and freedoms of other states under
international law and, in particular, with the rights and freedoms of other
states in relation to navigation and overflight. |
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21. (1) Subject to this section and to any other Act
of Parliament, the laws of a province apply to the same extent as federal
laws apply pursuant to section 20 in any area of the sea (a) that forms part
of the exclusive economic zone of Canada or is above the continental shelf of
Canada; (b) that is not
within any province; and (c) that is
prescribed by the regulations. |
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Limitation |
(2) Subject to any
regulations made pursuant to paragraph 26(1)(d), subsection (1) does
not apply in respect of any provision of a law of a province that (a) imposes a tax
or royalty; or (b) relates to
mineral or other non-living natural resources. |
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Interpretation |
(3) For the purposes of
this section, the laws of a province shall be applied as if the area of the
sea in which those laws apply under this section were within the territory of
that province. |
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Sums due to province |
(4) Any sum due under a
law of a province that applies in an area of the sea under this section
belongs to Her Majesty in right of the province. |
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Limitation |
(5) For greater certainty,
this section shall not be interpreted as providing a basis for any claim, by
or on behalf of a province, in respect of any interest in or legislative
jurisdiction over any area of the sea in which a law of a province applies
under this section or the living or non-living resources of that area, or as
limiting the application of any federal laws. |
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22. (1) Subject to subsection (4) and to any
regulations made pursuant to paragraph 26(1)(h ), a court that would
have jurisdiction in respect of any matter had the matter arisen in a
province has jurisdiction in respect of any such matter involving a federal
law that applies pursuant to this Act to the extent that the matter arises in
whole or in part in any area of the sea that is not within any province and (a) that area of
the sea is nearer to the coast of that province than to the coast of any
other province; or (b) that province
is prescribed by the regulations. |
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Jurisdiction extended
-- provincial laws |
(2) Subject to any
regulations made pursuant to paragraph 26(1)(h ), a court that would
have jurisdiction in respect of any matter had the matter arisen in a
province has jurisdiction in respect of any such matter involving a law of
the province that applies pursuant to this Act to the extent that the matter
arises in whole or in part in any area of the sea to which the law of that
province applies pursuant to this Act. |
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Orders and powers |
(3) A court referred to in
subsection (1) or (2) may make any order or exercise any power it considers
necessary in respect of any matter referred to in that subsection. |
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Criminal offences |
(4) The jurisdiction and
powers of courts with respect to offences under any federal law are
determined pursuant to sections 477.3, 481.1 and 481.2 of the Criminal
Code. |
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Saving |
(5) Nothing in this
section limits the jurisdiction that a court may exercise apart from this
Act. |
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Definition of
"court" |
(6) In this section,
"court" includes a judge of a court and a justice of the peace. |
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23. (1) In any legal or other proceedings, a
certificate issued by or under the authority of the Minister of Foreign
Affairs containing a statement that any geographic location specified in the
certificate was, at any time material to the proceedings, (a) in the internal
waters of Canada, (b) in the
territorial sea of Canada, (c) in the
contiguous zone of Canada, (d) in the
exclusive economic zone of Canada, or (e) in or above the
continental shelf of Canada is conclusive proof of
the truth of the statement without proof of the signature or official
character of the person appearing to have issued the certificate. |
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Certificate -- Minister
of Fisheries and Oceans |
(2) In any legal or other
proceedings, a certificate issued by or under the authority of the Minister
containing a statement that any geographic location specified in the
certificate was, at any time material to the proceedings, within an area of
the sea in which a law of the province named in the certificate applies under
section 9 or 21 is conclusive proof of the truth of the statement without
proof of the signature or official character of the person appearing to have
issued the certificate. |
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Certificate cannot be
compelled |
(3) A certificate referred
to in subsection (1) or (2) is admissible in evidence in proceedings referred
to in that subsection, but its production cannot be compelled. |
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24. Nothing in this Part limits the operation that any
Act, rule of law or instrument has apart from this Part. |
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25. The Governor in Council may, on the recommendation
of the Minister of Foreign Affairs, make regulations (a) prescribing
geographical coordinates of points from which (i) baselines may be
determined under subsection 5(2) as straight lines interpreted as geodesics, (ii) in respect of a
portion of the territorial sea of Canada prescribed in the regulations, an
outer limit line may be determined, where, in the opinion of the Governor in
Council, a portion of the territorial sea of Canada determined in accordance
with paragraph 4(a) would conflict with the territorial sea of another
state or other area of the sea in which another state has sovereign rights or
would be unreasonably close to the coast of another state, (iii) in respect of a
portion of the exclusive economic zone of Canada or the continental shelf of
Canada prescribed in the regulations, an outer limit line may be determined,
where, in the opinion of the Governor in Council, a portion of the exclusive
economic zone of Canada or the continental shelf of Canada determined in
accordance with paragraph 13(1)(a) or 17(1)(a) or (b )
would conflict with the territorial sea of another state or other area of the
sea in which another state has sovereign rights or would be unreasonably
close to the coast of another state or is otherwise inappropriate, and (iv) the outer limit of
the exclusive economic zone of Canada or the outer edge of the continental
margin or other outer limit of the continental shelf of Canada may be
determined; and (b) prescribing
areas of the sea adjacent to the coast of Canada as fishing zones of Canada. |
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26. (1) The Governor in Council may, on the
recommendation of the Minister of Justice, make regulations (a) prescribing a
work or a class of works for the purpose of the definition "marine
installation or structure" in section 2; (b) making any law
of a province applicable in respect of any part of the area of the sea in which
laws of the province apply under section 9 or 21, even though the law, by its
own terms, is applicable only in respect of a particular area within the
province; (c) restricting the
application of subsection 9(1) or 21(1) to such laws of a province as are
specified in the regulations; (d) making
subsection 9(1) or 21(1) applicable, on the terms and conditions, if any,
specified in the regulations, in respect of any laws of a province that
impose a tax or royalty or relate to mineral or other non-living natural
resources; (e) excluding any
law of a province from the application of subsection 9(1) or 21(1); (f) determining or
prescribing the method of determining the safety zone referred to in
paragraph 20(1)(c); (g) prescribing an
area of the sea and a province for the purposes of subsection 9(1), 21(1) or
22(1); (h) restricting the
application of subsection 22(1), (2) or (3) to courts of a district or
territorial division of a province; (i) prescribing, in
respect of any area of the sea and for the purpose of subsection 22(1), the
manner of determining the province that has the coast nearest to that area; (j) excluding any
federal laws or laws of a province or any of their provisions from the
application of subsection 20(1) or 21(1), as the case may be, in respect of
any area in or above the continental shelf of Canada or in respect of any
specified activity in any such area; and (k) making federal
laws or laws of a province or any of their provisions applicable, in such
circumstances as are specified in the regulations, (i) in the exclusive
economic zone of Canada or in a portion of that zone, (ii) in or above the
continental shelf of Canada or a portion of that shelf, or (iii) in any area
beyond the continental shelf of Canada, where that application is made
pursuant to an international agreement or arrangement entered into by Canada. |
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Restriction |
(2) A regulation made
pursuant to subsection (1) in relation to a law of a province may be
restricted to a specific area or place or to a specific provision of the law. |
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Interpretation |
(3) For the purposes of
paragraphs (1)(j) and (k), federal laws and the laws of a
province shall be applied (a) as if the
places referred to in any regulations made pursuant to either of those
paragraphs formed part of the territory of Canada; (b) notwithstanding
that by their terms their application is limited to Canada or a province; and (c) in a manner
that is consistent with the rights and freedoms of other states under
international law and, in particular, with the rights and freedoms of other
states in relation to navigation and overflight. |
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27. (1) A copy of each regulation that the Governor in
Council proposes to make pursuant to paragraph 25(b) or section 26
shall be published in the Canada Gazette at least 60 days before its
proposed effective date, and a reasonable opportunity shall be given to
interested persons and provinces to make representations with respect to the
proposed regulation. |
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Exception |
(2) No proposed regulation
that has been published pursuant to this section need again be published
under this section, whether or not it has been altered. |
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28. For greater certainty, this Part does not apply in
respect of rivers and lakes. |
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29. The Minister, in collaboration with other ministers,
boards and agencies of the Government of Canada, with provincial and
territorial governments and with affected aboriginal organizations, coastal
communities and other persons and bodies, including those bodies established
under land claims agreements, shall lead and facilitate the development and
implementation of a national strategy for the management of estuarine,
coastal and marine ecosystems in waters that form part of Canada or in which
Canada has sovereign rights under international law. |
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30. The national strategy will be based on the
principles of (a) sustainable
development, that is, development that meets the needs of the present without
compromising the ability of future generations to meet their own needs; (b) the integrated
management of activities in estuaries, coastal waters and marine waters that
form part of Canada or in which Canada has sovereign rights under
international law; and (c) the
precautionary approach, that is, erring on the side of caution. |
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31. The Minister, in collaboration with other ministers,
boards and agencies of the Government of Canada, with provincial and
territorial governments and with affected aboriginal organizations, coastal
communities and other persons and bodies, including those bodies established
under land claims agreements, shall lead and facilitate the development and
implementation of plans for the integrated management of all activities or
measures in or affecting estuaries, coastal waters and marine waters that
form part of Canada or in which Canada has sovereign rights under
international law. |
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32. For the purpose of the implementation of
integrated management plans, the Minister (a) shall develop
and implement policies and programs with respect to matters assigned by law
to the Minister; (b) shall
coordinate with other ministers, boards and agencies of the Government of
Canada the implementation of policies and programs of the Government with
respect to all activities or measures in or affecting coastal waters and
marine waters; (c) may, on his or
her own or jointly with another person or body or with another minister,
board or agency of the Government of Canada, and taking into consideration
the views of other ministers, boards and agencies of the Government of
Canada, provincial and territorial governments and affected aboriginal
organizations, coastal communities and other persons and bodies, including
those bodies established under land claims agreements, (i) establish advisory
or management bodies and appoint or designate, as appropriate, members of
those bodies, and (ii) recognize
established advisory or management bodies; and (d) may, in
consultation with other ministers, boards and agencies of the Government of
Canada, with provincial and territorial governments and with affected
aboriginal organizations, coastal communities and other persons and bodies,
including those bodies established under land claims agreements, establish
marine environmental quality guidelines, objectives and criteria respecting
estuaries, coastal waters and marine waters. |
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33. (1) In exercising the powers and performing the
duties and functions assigned to the Minister by this Act, the Minister (a) shall cooperate
with other ministers, boards and agencies of the Government of Canada, with
provincial and territorial governments and with affected aboriginal
organizations, coastal communities and other persons and bodies, including
those bodies established under land claims agreements; (b) may enter into
agreements with any person or body or with another minister, board or agency
of the Government of Canada; (c) shall gather,
compile, analyse, coordinate and disseminate information; (d) may make grants
and contributions on terms and conditions approved by the Treasury Board; and (e) may make
recoverable expenditures on behalf of and at the request of any other
minister, board or agency of the Government of Canada or of a province or any
person or body. |
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Consultation |
(2) In exercising the
powers and performing the duties and functions mentioned in this Part, the
Minister may consult with other ministers, boards and agencies of the
Government of Canada, with provincial and territorial governments and with
affected aboriginal organizations, coastal communities and other persons and
bodies, including those bodies established under land claims agreements. |
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34. The Minister may coordinate logistics support and
provide related assistance for the purposes of advancing scientific knowledge
of estuarine, coastal and marine ecosystems. |
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35. (1) A marine protected area is an area of the sea
that forms part of the internal waters of Canada, the territorial sea of
Canada or the exclusive economic zone of Canada and has been designated under
this section for special protection for one or more of the following reasons: (a) the
conservation and protection of commercial and non-commercial fishery
resources, including marine mammals, and their habitats; (b) the
conservation and protection of endangered or threatened marine species, and
their habitats; (c) the
conservation and protection of unique habitats; (d) the
conservation and protection of marine areas of high biodiversity or
biological productivity; and (e) the
conservation and protection of any other marine resource or habitat as is
necessary to fulfil the mandate of the Minister. |
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Marine protected areas |
(2) For the purposes of
integrated management plans referred to in sections 31 and 32, the Minister
will lead and coordinate the development and implementation of a national
system of marine protected areas on behalf of the Government of Canada. |
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Regulations |
(3) The Governor in
Council, on the recommendation of the Minister, may make regulations (a) designating
marine protected areas; and (b) prescribing
measures that may include but not be limited to (i) the zoning of
marine protected areas, (ii) the prohibition of
classes of activities within marine protected areas, and (iii) any other matter
consistent with the purpose of the designation. |
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36. (1) The Governor in Council, on the recommendation
of the Minister, may make orders exercising any power under section 35 on an
emergency basis, where the Minister is of the opinion that a marine resource
or habitat is or is likely to be at risk to the extent that such orders are
not inconsistent with a land claims agreement that has been given effect and
has been ratified or approved by an Act of Parliament. |
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Exemption from Statutory
Instruments Act |
(2) An order made under
this section is exempt from the application of sections 3, 5 and 11 of the Statutory
Instruments Act. |
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Temporary effect |
(3) An order made under
this section that is not repealed ceases to have effect 90 days after it is
made. |
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37. Every person who contravenes a regulation made
under paragraph 35(3)(b) or an order made under subsection 36(1) in
the exercise of a power under that paragraph (a) is guilty of an
offence punishable on summary conviction and liable to a fine not
exceeding $100,000; or (b) is guilty of an
indictable offence and liable to a fine not exceeding $500,000. |
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38. No person may be convicted of an offence
consisting of a contravention of an order made under subsection 36(1) in the
exercise of a power under paragraph 35(3)(b) that, at the time of the
alleged contravention, had not been published in the Canada Gazette in
both official languages unless it is proved that reasonable steps had been
taken before that time to bring the purport of the order to the attention of
those persons likely to be affected by it. |
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39. (1) The Minister may designate any person or class
of persons to act as enforcement officers for the purposes of this Act and
the regulations. |
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Designation of
provincial government employees |
(2) The Minister may not
designate any person or class of persons employed by the government of a
province unless that government agrees. |
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Certificate of
designation |
(3) Every enforcement
officer must be provided with a certificate of designation as an enforcement
officer in a form approved by the Minister and, on entering any place under
this Act, the officer shall, if so requested, show the certificate to the
occupant or person in charge of the place. |
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Powers of peace
officers |
(4) For the purposes of
this Act and the regulations, enforcement officers have all the powers of a
peace officer, but the Minister may specify limits on those powers when
designating any person or class of persons. |
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Exemptions for law
enforcement activities |
(5) For the purpose of
investigations and other law enforcement activities under this Act, the
Minister may, on any terms and conditions the Minister considers necessary,
exempt enforcement officers who are carrying out duties or functions under
this Act, and persons acting under their direction and control, from the
application of any provision of this Act or the regulations. |
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Obstruction |
(6) When an enforcement
officer is carrying out duties or functions under this Act or the
regulations, no person shall (a) knowingly make
any false or misleading statement either orally or in writing to the
enforcement officer; or (b) otherwise
wilfully obstruct the enforcement officer. |
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39.1 (1) For the purpose of ensuring compliance with
this Act and the regulations, an enforcement officer may, subject to
subsection (3), at any reasonable time enter and inspect any place in which
the enforcement officer believes, on reasonable grounds, there is any thing
to which this Act or the regulations apply or any document relating to the
administration of this Act or the regulations, and the enforcement officer
may (a) open or cause
to be opened any container that the enforcement officer believes, on reasonable
grounds, contains any such thing or document; (b) inspect the
thing and take samples free of charge; (c) require any
person to produce the document for inspection or copying, in whole or in
part; and (d) seize any thing
by means of or in relation to which the enforcement officer believes, on
reasonable grounds, this Act or the regulations have been contravened or that
the enforcement officer believes, on reasonable grounds, will provide
evidence of a contravention. |
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Conveyance |
(2) For the purposes of
carrying out the inspection, the enforcement officer may stop a conveyance or
direct that it be moved to a place where the inspection can be carried out. |
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Dwelling-place |
(3) The enforcement
officer may not enter a dwelling-place except with the consent of the
occupant or person in charge of the dwelling-place or under the authority of
a warrant. |
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Warrant |
(4) Where on ex parte
application a justice, as defined in section 2 of the Criminal Code,
is satisfied by information on oath that (a) the conditions
for entry described in subsection (1) exist in relation to a dwelling-place, (b) entry to the
dwelling-place is necessary in relation to the administration of this Act or
the regulations, and (c) entry to the
dwelling-place has been refused or there are reasonable grounds for believing
that entry will be refused, the justice may issue
a warrant authorizing the enforcement officer to enter the dwelling-place
subject to any conditions that may be specified in the warrant. |
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39.2 For the purpose of ensuring compliance with this
Act and the regulations, an enforcement officer may exercise the powers of
search and seizure provided in section 487 of the Criminal Code
without a warrant, if the conditions for obtaining a warrant exist but by
reason of exigent circumstances it would not be feasible to obtain the
warrant. |
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39.3 (1) Subject to subsections (2) and (3), where an
enforcement officer seizes a thing under this Act or under a warrant issued
under the Criminal Code, (a) sections 489.1
and 490 of the Criminal Code apply; and (b) the enforcement
officer, or any person that the officer may designate, shall retain custody
of the thing, subject to any order made under section 490 of the Criminal
Code. |
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Forfeiture where
ownership not ascertainable |
(2) Where the lawful
ownership of or entitlement to the seized thing cannot be ascertained within
thirty days after its seizure, the thing or any proceeds of its disposition
are forfeited to (a) Her Majesty in
right of Canada, if the thing was seized by an enforcement officer employed
in the public service of Canada; or (b) Her Majesty in
right of a province, if the thing was seized by an enforcement officer
employed by the government of that province. |
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Perishable things |
(3) Where the seized thing
is perishable, the enforcement officer may dispose of it or destroy it, and
any proceeds of its disposition must be (a) paid to the
lawful owner or person lawfully entitled to possession of the thing, unless
proceedings under this Act are commenced within ninety days after its
seizure; or (b) retained by the
enforcement officer pending the outcome of the proceedings. |
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Abandonment |
(4) The owner of the
seized thing may abandon it to Her Majesty in right of Canada or a province. |
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39.4 Any thing that has been forfeited or abandoned
under this Act must be dealt with and disposed of as the Minister may direct. |
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39.5 The lawful owner and any person lawfully entitled
to possession of any thing seized, abandoned or forfeited under this Act are
jointly and severally liable for all the costs of inspection, seizure,
abandonment, forfeiture or disposition incurred by Her Majesty in right of
Canada in excess of any proceeds of disposition of the thing that have been
forfeited to Her Majesty under this Act. |
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39.6 (1) Every person who contravenes subsection 39(6)
or any regulation made under section 52.1 (a) is guilty of an
offence punishable on summary conviction and is liable to a fine not
exceeding $100,000; or (b) is guilty of an
indictable offence and is liable to a fine not exceeding $500,000. |
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Subsequent offence |
(2) Where a person is
convicted of an offence under this Act a second or subsequent time, the
amount of the fine for the subsequent offence may, notwithstanding subsection
(1), be double the amount set out in that subsection. |
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Continuing offence |
(3) A person who commits
or continues an offence on more than one day is liable to be convicted for a
separate offence for each day on which the offence is committed or continued. |
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Fines cumulative |
(4) A fine imposed for an
offence involving more than one animal, plant or other organism may be
calculated in respect of each one as though it had been the subject of a
separate information and the fine then imposed is the total of that
calculation. |
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Additional fine |
(5) Where a person has
been convicted of an offence and the court is satisfied that monetary
benefits accrued to the person as a result of the commission of the offence, (a) the court may
order the person to pay an additional fine in an amount equal to the court's
estimation of the amount of the monetary benefits; and (b) the additional
fine may exceed the maximum amount of any fine that may otherwise be imposed
under this Act. |
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39.7 (1) Where a person is convicted of an offence, the
convicting court may, in addition to any punishment imposed, order that any
seized thing by means of or in relation to which the offence was committed,
or any proceeds of its disposition, be forfeited to Her Majesty in right of
Canada. |
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Return where no
forfeiture ordered |
(2) Where the convicting
court does not order the forfeiture, the seized thing, or the proceeds of its
disposition, must be returned to its lawful owner or the person lawfully
entitled to it. |
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39.8 Where a fine is imposed on a person convicted of
an offence, any seized thing, or any proceeds of its disposition, may be
retained until the fine is paid, or the thing may be sold in satisfaction of
the fine and the proceeds applied, in whole or in part, in payment of the
fine. |
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39.9 Where a person is convicted of an offence, the
court may, in addition to any punishment imposed and having regard to the
nature of the offence and the circumstances surrounding its commission, make
an order containing one or more of the following prohibitions, directions or requirements: (a) prohibiting the
person from doing any act or engaging in any activity that could, in the
opinion of the court, result in the continuation or repetition of the
offence; (b) directing the
person to take any action that the court considers appropriate to remedy or
avoid any harm to estuarine, coastal or ocean waters, or their resources that
resulted or may result from the commission of the offence; (c) directing the
person to publish, in any manner that the court considers appropriate, the
facts relating to the commission of the offence; (d) directing the
person to pay the Minister or the government of a province compensation, in
whole or in part, for the cost of any remedial or preventive action taken by
or on behalf of the Minister or that government as a result of the commission
of the offence; (e) directing the
person to perform community service in accordance with any reasonable
conditions that may be specified in the order; (f) directing the
person to submit to the Minister, on application to the court by the Minister
within three years after the conviction, any information respecting the
activities of the person that the court considers appropriate in the
circumstances; (g) requiring the
person to comply with any other conditions that the court considers
appropriate for securing the person's good conduct and for preventing the
person from repeating the offence or committing other offences; and (h) directing the
person to post a bond or pay into court an amount of money that the court
considers appropriate for the purpose of ensuring compliance with any
prohibition, direction or requirement under this section. |
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39.10 (1) Where a person is convicted of an offence and
the court suspends the passing of sentence pursuant to the Criminal Code
, the court may, in addition to any probation order made on suspending the passing
of that sentence, make an order containing one or more of the prohibitions,
directions or requirements mentioned in section 39.9. |
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Imposition of sentence |
(2) Where the person does
not comply with the order or is convicted of another offence, within three
years after the order was made, the court may, on the application of the
prosecution, impose any sentence that could have been imposed if the passing
of sentence had not been suspended. |
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39.11 (1) Proceedings by way of summary conviction in
respect of an offence may be commenced at any time within, but not later
than, two years after the day on which the subject-matter of the proceedings
became known to the Minister. |
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Minister's certificate |
(2) A document appearing
to have been issued by the Minister, certifying the day on which the
subject-matter of any proceedings became known to the Minister, is admissible
in evidence without proof of the signature or official character of the
person appearing to have signed the document and is proof of the matter
asserted in it. |
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39.12 (1) In addition to the procedures set out in the Criminal
Code for commencing a proceeding, proceedings in respect of any offence
prescribed by the regulations may be commenced by an enforcement officer (a) completing a
ticket that consists of a summons portion and an information portion; (b) delivering the
summons portion to the accused or mailing it to the accused at the accused's
latest known address; and (c) filing the
information portion with a court of competent jurisdiction before the summons
portion has been delivered or mailed or as soon as is practicable afterward. |
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Content of ticket |
(2) The summons and
information portions of the ticket must (a) set out a
description of the offence and the time and place of its alleged commission; (b) include a
statement, signed by the enforcement officer who completes the ticket, that
the officer has reasonable grounds to believe that the accused committed the
offence; (c) set out the
amount of the fine prescribed by the regulations for the offence and the
manner in which and period within which it may be paid; (d) include a
statement that if the accused pays the fine within the period set out in the
ticket, a conviction will be entered and recorded against the accused; and (e) include a
statement that if the accused wishes to plead not guilty or for any other
reason fails to pay the fine within the period set out in the ticket, the
accused must appear in the court on the day and at the time set out in the
ticket. |
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Notice of forfeiture |
(3) Where a thing is
seized under this Act and proceedings relating to it are commenced by way of
the ticketing procedure, the enforcement officer who completes the ticket
shall give written notice to the accused that, if the accused pays the fine
prescribed by the regulations within the period set out in the ticket, the
thing, or any proceeds of its disposition, will be immediately forfeited to
Her Majesty. |
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Consequences of payment |
(4) Where an accused to
whom the summons portion of a ticket is delivered or mailed pays the prescribed
fine within the period set out in the ticket, (a) the payment
constitutes a plea of guilty to the offence and a conviction must be entered
against the accused and no further action may be taken against the accused in
respect of that offence; and (b) notwithstanding
section 39.3, any thing seized from the accused under this Act that relates
to the offence, or any proceeds of its disposition, are forfeited to (i) Her Majesty in
right of Canada, if the thing was seized by an enforcement officer employed
in the public service of Canada, or (ii) Her Majesty in
right of a province, if the thing was seized by an enforcement officer
employed by the government of that province. |
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Regulations |
(5) The Governor in
Council may make regulations prescribing (a) offences in
respect of which this section applies and the manner in which the offences
are to be described in tickets; and (b) the amount of
the fine for a prescribed offence, but the amount may not exceed $2,000. |
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40. (1) As the Minister responsible for oceans, the
powers, duties and functions of the Minister extend to and include all
matters over which Parliament has jurisdiction, not assigned by law to any
other department, board or agency of the Government of Canada, relating to
the policies and programs of the Government of Canada respecting oceans. |
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Encouragement of
activities |
(2) For the purpose of
subsection (1), the Minister shall encourage activities necessary to foster
understanding, management and sustainable development of oceans and marine
resources and the provision of coast guard and hydrographic services to
ensure the facilitation of marine trade, commerce and safety in collaboration
with other ministers of the Government of Canada. |
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41. (1) As the Minister responsible for coast guard
services, the powers, duties and functions of the Minister extend to and
include all matters over which Parliament has jurisdiction, not assigned by
law to any other department, board or agency of the Government of Canada,
relating to (a) services for
the safe, economical and efficient movement of ships in Canadian waters
through the provision of (i) aids to navigation
systems and services, (ii) marine
communications and traffic management services, (iii) ice breaking and
ice management services, and (iv) channel
maintenance; (b) the marine
component of the federal search and rescue program; (c) pleasure craft
safety, including the regulation of the construction, inspection, equipment
and operation of pleasure craft; (d) marine
pollution prevention and response; and (e) the support of
departments, boards and agencies of the Government of Canada through the
provision of ships, aircraft and other marine services. |
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Cost effective |
(2) The Minister shall
ensure that the services referred to in subparagraphs (1)(a)(i) to
(iv) are provided in a cost effective manner. 1996, c. 31, s. 41;
1999, c. 31, s. 170(F). |
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42. In exercising the powers and performing the duties
and functions assigned by paragraph 4(1)(c) of the Department of
Fisheries and Oceans Act, the Minister may (a) collect data
for the purpose of understanding oceans and their living resources and
ecosystems; (b) conduct
hydrographic and oceanographic surveys of Canadian and other waters; (c) conduct marine
scientific surveys relating to fisheries resources and their supporting
habitat and ecosystems; (d) conduct basic
and applied research related to hydrography, oceanography and other marine
sciences, including the study of fish and their supporting habitat and
ecosystems; (e) carry out
investigations for the purpose of understanding oceans and their living
resources and ecosystems; (f) prepare and
publish data, reports, statistics, charts, maps, plans, sections and other
documents; (g) authorize the
distribution or sale of data, reports, statistics, charts, maps, plans,
sections and other documents; (h) prepare in
collaboration with the Minister of Foreign Affairs, publish and authorize the
distribution or sale of charts delineating, consistently with the nature and
scale of the charts, all or part of the territorial sea of Canada, the
contiguous zone of Canada, the exclusive economic zone of Canada and the
fishing zones of Canada and adjacent waters; (i) participate in
ocean technology development; and (j) conduct studies
to obtain traditional ecological knowledge for the purpose of understanding
oceans and their living resources and ecosystems. |
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43. Subject to section 4 of the Department of
Fisheries and Oceans Act respecting the powers, duties and functions of
the Minister in relation to matters mentioned in that section over which
Parliament has jurisdiction, the Minister (a) is responsible
for coordinating, promoting and recommending national policies and programs
with respect to fisheries science, hydrography, oceanography and other marine
sciences; (b) in carrying out
his or her responsibilities under this section, may (i) conduct or
cooperate with persons conducting applied and basic research programs and
investigations and economic studies for the purpose of understanding oceans
and their living resources and ecosystems, and (ii) for that purpose
maintain and operate ships, research institutes, laboratories and other
facilities for research, surveying and monitoring for the purpose of
understanding oceans and their living resources and ecosystems; and (c) may provide
marine scientific advice, services and support to the Government of Canada
and, on behalf of the Government, to the governments of the provinces, to
other states, to international organizations and to other persons. |
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44. The Minister may (a) request the
Minister of Foreign Affairs to attach to a consent of the Minister of Foreign
Affairs under paragraph 3(2)(c) of the Coasting Trade Act a
condition that the foreign ship or non-duty paid ship supply the Minister with
the results of the marine scientific research conducted by that ship in
waters that form part of Canada or in which Canada has sovereign rights under
international law; and (b) establish
guidelines, not inconsistent with Canada's international obligations, for use
by foreign ships and non-duty paid ships in conducting marine scientific
research in waters that form part of Canada or in which Canada has sovereign
rights under international law. |
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45. As the Minister responsible for hydrographic
services, the powers, duties and functions of the Minister extend to and
include all matters over which Parliament has jurisdiction, not assigned by
law to any other department, board or agency of the Government of Canada,
relating to (a) setting
standards and establishing guidelines for use by hydrographers and others in
collecting data and preparing charts on behalf of the Minister; and (b) providing
hydrographic advice, services and support to the Government of Canada and, on
behalf of the Government, to the governments of the provinces, to other
states, to international organizations and to other persons. |
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46. A hydrographer may, for the purpose of conducting
a hydrographic survey on behalf of the Minister, enter on or pass over the lands
of any person, but shall take all reasonable precautions to avoid causing any
damage in doing so. |
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47. (1) The Minister may, subject to any regulations
that the Treasury Board may make for the purposes of this section, fix the
fees to be paid for a service or the use of a facility provided under this
Act by the Minister, the Department or any board or agency of the Government
of Canada for which the Minister has responsibility. |
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Amount not to exceed
cost |
(2) Fees for a service or
the use of a facility that are fixed under subsection (1) may not exceed the
cost to Her Majesty in right of Canada of providing the service or the use of
the facility. |
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48. The Minister may, subject to any regulations that
the Treasury Board may make for the purposes of this section, fix fees in
respect of products, rights and privileges provided under this Act by the
Minister, the Department or any board or agency of the Government of Canada
for which the Minister has responsibility. |
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49. (1) The Minister may, subject to any regulations
that the Treasury Board may make for the purposes of this section, fix fees
in respect of regulatory processes or approvals provided under this Act by
the Minister, the Department or any board or agency of the Government of
Canada for which the Minister has responsibility. |
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Amount |
(2) Fees that are fixed
under subsection (1) shall in the aggregate not exceed an amount sufficient
to compensate Her Majesty in right of Canada for any reasonable outlays
incurred by Her Majesty for the purpose of providing the regulatory processes
or approvals. |
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50. (1) Before fixing a fee under this Act, the
Minister shall consult with such persons or bodies as the Minister considers
to be interested in the matter. |
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Publication |
(2) The Minister shall,
within 30 days after fixing a fee under this Act, publish the fee in the Canada
Gazette and by such appropriate electronic or other means that the
Treasury Board may authorize by regulation. |
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Reference to Scrutiny
Committee |
(3) Any fee fixed under
this Act shall stand referred to the Committee referred to in section 19 of
the Statutory Instruments Act to be reviewed and scrutinized as if it
were a statutory instrument. |
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51. The Treasury Board may make regulations for the
purposes of section 47, 48, 49 or 50. |
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52. (1) The administration of this Act shall, within
three years after the coming into force of this section, be reviewed by the
Standing Committee on Fisheries and Oceans. |
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Report to Parliament |
(2) The Committee shall undertake
a comprehensive review of the provisions and operation of this Act, including
the consequences of its implementation, and shall, within a year after the
review is undertaken or within such further time as the House of Commons may
authorize, submit a report to Parliament thereon including a statement of any
changes to this Act or its administration that the Committee would recommend. |
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52.1 The Governor in Council may, on the recommendation
of the Minister, make regulations for carrying out the purposes and
provisions of this Act and, in particular, but without restricting the
generality of the foregoing, may make regulations (a) prescribing marine
environmental quality requirements and standards; (b) respecting the
powers and duties of persons designated by the Minister as enforcement
officers; and (c) respecting the
implementation of provisions of agreements made under this Act. |
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53. [Amendments] |
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54. and 55. [Repeals] |
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56. to 108. [Amendments] |
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*109. This Act or
any of its provisions, other than section 53, comes into force on a day or
days to be fixed by order of the Governor in Council. *[Note: Act, except section
53, in force January 31, 1997, see SI/97-21.] |