Oceans Act — O-2.4 35.1
Definitions 35.1 (1) The following definitions apply in this section. foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act . ( étranger ) foreign ship means a ship that is a foreign vessel , as defined in section 2 of the Canada Shipping Act, 2001 . ( navire étranger ) ongoing means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity (a) was lawfully carried out in the year immediately before the day on which the order comes into force and does not require an authorization, including a permit or licence, under any applicable federal laws or laws of a province; (b) was lawfully carried out in the year immediately before the day on which the order comes into force and was authorized, including by a permit or licence, under any applicable federal laws or laws of a province; or (c) was not carried out before the day on which the order comes into force, but was authorized and continues to be authorized, including by a permit or licence, under any applicable federal laws or laws of a province. ( en cours ) Designation of marine protected area — Minister’s order (2) The Minister may, by order, designate a marine protected area in any area of the sea that is not designated as a marine protected area under paragraph 35(3)(a), in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament and, in that order, the Minister (a) shall list the classes of activities that are ongoing activities in the marine protected area; (b) shall prohibit, in the marine protected area, any activity that is not part of a class of activities set out in paragraph (a) and that disturbs, damages, destroys or removes from that marine protected area any unique geological or archeological features or any living marine organism or any part of its habitat or is likely to do so; (c) may prohibit, in the marine protected area, any activity that is part of a class of activities set out in paragraph (a) and that is governed by an Act of Parliament under which the Minister is responsible for the management, conservation or protection of fisheries resources; and (d) may exempt from the prohibition in paragraph (b) or (c), subject to any conditions that the Minister considers appropriate, any activity referred to in those paragraphs in the marine protected area by a foreign national, an entity incorporated or formed by or under the laws of a country other than Canada, a foreign ship or a foreign state. Exceptions (3) The prohibitions set out in an order made under subsection (2) do not apply to the following activities: (a) activities that are carried out in response to an emergency situation or that are carried out by or on behalf of Her Majesty for the purpose of public safety, national defence, national security or law enforcement; and (b) marine scientific research activities that are consistent with the purpose of the designation of the marine protected area and that are authorized under federal laws or laws of a province, if required to be so authorized. Publication of report (4) If an order is made under subsection (2), the Minister shall publish, in any manner that the Minister considers appropriate, a report (a) indicating the area of the sea designated in the order; (b) summarizing the consultations undertaken prior to making the order; and (c) summarizing the information that the Minister considered when making the order, which may include environmental, social, cultural or economic information. 2019, c. 8, s. 5