GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
St. Anns Bank Marine Protected Area Regulations — 1
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 Schedules 1 and 2, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD83) reference system.
St. Anns Bank Marine Protected Area Regulations — 2
Marine Protected Area 2 (1) The area depicted in Schedule 1 that is bounded by a series of rhumb lines drawn from points 1 to 10, the coordinates of each of which are set out in that Schedule, and back to point 1 is designated as the St. Anns Bank Marine Protected Area. 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.
St. Anns Bank Marine Protected Area Regulations — 3
Boundaries 3 The Marine Protected Area consists of the following management zones: (a) Zone 1, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 18, then to point 20, then to point 2, then to point 8, passing through points 3, 4, 5, 6 and 7, then to point 17, then to point 16, then to point 15, then to point 9, then to point 13, then to point 12, then to point 11, then to point 14, then to point 19, the coordinates of each of which are set out in that Schedule, and back to point 18; (b) Zone 2, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 1, then to point 2, then to point 20, then to point 18, then to point 19, then to point 10, the coordinates of each of which are set out in that Schedule, and back to point 1; (c) Zone 3, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 14, then to point 11, then to point 12, then to point 13, the coordinates of each of which are set out in that Schedule, and back to point 14; (d) Zone 4, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 8, then to point 15, then to point 16, then to point 17, the coordinates of each of which are set out in that Schedule, and back to point 8.
St. Anns Bank Marine Protected Area Regulations — 4
Prohibition 4 Subject to sections 5 to 8, it is prohibited in the Marine Protected Area to carry out any activity 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.
St. Anns Bank Marine Protected Area Regulations — 5
Fishing 5 The following activities may be carried out in the Marine Protected Area if they are carried out in accordance with the provisions of the Fisheries Act , the Coastal Fisheries Protection Act and their regulations: (a) fishing, other than commercial fishing, that is authorized under the Aboriginal Communal Fishing Licences Regulations ; (b) fishing for seals and any related activity that is authorized under the Marine Mammal Regulations or the Aboriginal Communal Fishing Licences Regulations ; (c) in Zone 2, commercial or recreational fishing by means of a pot, trap, rod and reel, harpoon, bottom longline, handline, gill net or by diving; (d) in Zones 3 and 4, commercial or recreational fishing by means of a pot, trap, rod and reel, harpoon, bottom longline or handline.
St. Anns Bank Marine Protected Area Regulations — 6
Navigation 6 Navigation may be carried out in the Marine Protected Area.
St. Anns Bank Marine Protected Area Regulations — 7
Safety or emergency 7 An activity may be carried out in the Marine Protected Area if it is carried out for the purpose of public safety, national defence, national security, law enforcement or to respond to an emergency.
St. Anns Bank Marine Protected Area Regulations — 8
Activity plan 8 Any activity that is part of an activity plan that has been approved by the Minister may be carried out in the Marine Protected Area.
St. Anns Bank Marine Protected Area Regulations — 9
Submission and contents 9 Any person who proposes to carry out a scientific research or monitoring activity, educational activity or commercial marine tourism activity in the Marine Protected Area must submit to the Minister an activity plan that contains the following information: (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 samples — including their quantities — 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; (k) a description of any scientific research or monitoring activity, educational activity or commercial marine tourism activity that the person has carried out or anticipates carrying out in the Marine Protected Area; (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.
St. Anns Bank Marine Protected Area Regulations — 10
Approval of activity plan 10 (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 will serve to (i) increase knowledge of the biodiversity or the biological productivity of the Marine Protected Area or the habitat of any living marine organism in the Marine Protected Area, or (ii) assist in the management of the Marine Protected Area; and (b) the educational activities or commercial marine tourism activities set out in the plan (i) will serve to increase public awareness of the Marine Protected Area, and (ii) are not likely to damage, destroy or remove in the Marine Protected Area any living marine organism or any part of its habitat; 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 adversely affect the biodiversity or the biological productivity of the Marine Protected Area or destroy the habitat of any living marine organism in 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.
St. Anns Bank Marine Protected Area Regulations — 11
Post-activity report 11 If an activity plan has been approved by the Minister, the person who submitted the plan must, within 90 days after the last day of the activity, provide the Minister with a post-activity report that contains (a) a list of the samples — including their quantities — and the data that were collected during the activity, including the dates on which and the geographical coordinates of the sites where the sampling was done; (b) an evaluation of the effectiveness of any measures taken to monitor, avoid, minimize or mitigate the adverse environmental effects of the activity; and (c) 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 in the Marine Protected Area of any living marine organism or any part of its habitat.
St. Anns Bank Marine Protected Area Regulations — 12
Registration 12 These Regulations come into force on the day on which they are registered.
Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 12(k) a of the Canada Wildlife Act b , makes the annexed Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations . a S.C. 2009, c. 14, s. 47(2) b R.S., c. W-9; S.C. 1994, c. 23, s. 2
Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations — 1
Designated provisions 1 The provisions set out in the schedule are designated for the purposes of paragraph 13(1)(b) of the Canada Wildlife Act .
Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations — Coming into force
Coming into force * 2 These Regulations come into force on the day on which subsection 47(2) of the Environmental Enforcement Act , chapter 14 of the Statutes of Canada, 2009, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force July 12, 2017, see SI/2017-28.]
Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations — (a)
(a) paragraphs 3(1)(a) to (f), (k) to (n), (p) to (s) and (u)
Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 12(1)(l) a of the Migratory Birds Convention Act, 1994 b , makes the annexed Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations . a S.C. 2009, c. 14, s. 101 b S.C. 1994, c. 22
Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations — 1
Designated provisions 1 The provisions set out in the schedule are designated for the purposes of paragraph 13(1)(c) of the Migratory Birds Convention Act, 1994 .
Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations — Coming into force
Coming into force * 2 These Regulations come into force on the day on which section 101 of the Environmental Enforcement Act , chapter 14 of the Statutes of Canada, 2009, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force July 12, 2017, see SI/2017-28.]
Environmental Violations Administrative Monetary Penalties Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 5 a of the Environmental Violations Administrative Monetary Penalties Act b , makes the annexed Environmental Violations Administrative Monetary Penalties Regulations . a S.C. 2012, c. 19, s. 54 b S.C. 2009, c. 14, s. 126
Environmental Violations Administrative Monetary Penalties Regulations — 1
Definition of Act 1 In these Regulations, Act means the Environmental Violations Administrative Monetary Penalties Act , unless otherwise indicated.
Environmental Violations Administrative Monetary Penalties Regulations — 2
Provisions of Environmental Acts and regulations 2 (1) The contravention of a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with the Act. Orders or directions (2) The contravention of any order or direction made under a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 2 is designated as a violation that may be proceeded with in accordance with the Act. Conditions of permit, licence or authorization (3) The failure to comply with a condition of a permit, licence or other authorization issued under an Environmental Act or any of its regulations that is referred to in a provision set out in column 1 of Schedule 3 is designated as a violation that may be proceeded with in accordance with the Act. Other provisions (4) The contravention of subsection 174(1) or paragraph 178(1)(a) of the Greenhouse Gas Pollution Pricing Act is designated as a violation that may be proceeded with in accordance with the Act. SOR/2019-266, s. 86
Environmental Violations Administrative Monetary Penalties Regulations — 3
Types of violations 3 The contravention of a provision set out in column 1 of Schedule 1, of an order or direction made under a provision set out in column 1 of Schedule 2 or of a condition referred to in a provision set out in column 1 of Schedule 3 is classified as a Type A, B, C, D or E violation in accordance with column 2 of the respective schedule. SOR/2019-266, s. 87
Environmental Violations Administrative Monetary Penalties Regulations — 4
Formula — Type A, B or C 4 (1) The amount of the penalty for each Type A, B or C violation is to be determined by the formula W + X + Y + Z where W is the baseline penalty amount determined under section 5; X is the history of non-compliance amount, if any, as determined under section 6; Y is the environmental harm amount, if any, as determined under section 7; and Z is the economic gain amount, if any, as determined under section 8. Formula – types D or E (2) The amount of the penalty for each Type D or E violation is to be determined by the formula W + X + Y where W is the baseline penalty amount determined under section 5; X is the history of non-compliance amount, if any, as determined under section 6; and Y is the economic gain amount, if any, as determined under section 8.1. SOR/2019-266, s. 88
Environmental Violations Administrative Monetary Penalties Regulations — 5
Baseline penalty amount 5 The baseline penalty amount for a violation is the amount set out in column 3 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable schedule. SOR/2019-266, s. 88
Environmental Violations Administrative Monetary Penalties Regulations — 6
History of non-compliance amount 6 (1) If the violator has a history of non-compliance, the history of non-compliance amount is the amount set out in column 4 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable Schedule. History of non-compliance (2) A violator has a history of non-compliance if, in the five years preceding (a) the commission of a violation relating to any Division of Part 7 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Division, they were subject to an enforcement action in relation to that Division or any of those regulations; (b) the commission of a violation relating to Part 9 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Part, they were subject to an enforcement action in relation to that Part or any of those regulations; (c) the commission of a violation relating to the Greenhouse Gas Pollution Pricing Act or a regulation made under that Act, they were subject to an enforcement action in relation to that Act or any of those regulations; or (d) the commission of a violation relating to any Environmental Act, other than the Canadian Environmental Protection Act, 1999 or the Greenhouse Gas Pollution Pricing Act , or a regulation made under one of those Acts, they were subject to an enforcement action in relation to that Act or any of that Act’s regulations. Meaning of enforcement action (3) For the purpose of subsection (2), enforcement action means the imposition of a ticket, penalty, conviction or injunction or the use of environmental protection alternative measures. SOR/2019-266, s. 89
Environmental Violations Administrative Monetary Penalties Regulations — 7
Environmental harm amount 7 If the violation has resulted in harm to the environment, the environmental harm amount is the amount set out in column 5 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.
Environmental Violations Administrative Monetary Penalties Regulations — 8
Economic gain amount 8 (1) Subject to subsection (2), if the violation has resulted in economic gain to the violator, including an avoided financial cost, the economic gain amount is the amount set out in column 6 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule. Only gain avoidance of cost of authorization (2) If the only economic gain is the avoidance of the cost of obtaining a permit, licence or other authorization, the economic gain amount is the amount set out in column 7 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.
Environmental Violations Administrative Monetary Penalties Regulations — 8.1
Economic advantage amount 8.1 If the violation has resulted in economic gain to the violator, including an avoided financial cost, the applicable economic gain amount is the amount set out in column 5 of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule. SOR/2019-266, s. 90
Environmental Violations Administrative Monetary Penalties Regulations — 8.2
Specific case 8.2 (1) Subject to subsection (2), the amount of the penalty for a violation referred to in subsection 2(4) is $0.25. Continued violation (2) If a violation referred to in subsection (1) is continued on more than one day, the penalty in respect of each of the separate violations that, because of section 12 of the Act, result from that continuation shall be (a) $0.25 for one that is committed during the nine-day period beginning on the day after the day of the contravention; (b) $0.50 for one that is committed during the 10-day period beginning on the tenth day following the day of the contravention; and (c) $1.00 for one that is committed on or after the twenty-first day following the contravention. SOR/2019-266, s. 90
Environmental Violations Administrative Monetary Penalties Regulations — 10
On behalf of ship or vessel 10 For the purpose of section 15 of the Act, a review may be requested on behalf of a ship or vessel by (a) its owner; (b) its operator or master; or (c) an authorized representative of its owner or operator.
Environmental Violations Administrative Monetary Penalties Regulations — 11
Registration 11 These Regulations come into force on the day on which they are registered.
Environmental Violations Administrative Monetary Penalties Regulations — (a)
(a) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations : (i) 14(1)(g) and (h) (ii) 14(1)(i)(i) to (v) (iii) 14(1)(j)(i) to (vi) (iv) 14(1)(k) to (o) (v) 14(1)(s) and (t) (vi) 14(1)(u)(i) (vii) 14(1)(v)(i) (viii) 26(1)(h) and (i) (ix) 26(1)(j)(i) to (v) (x) 26(1)(k)(i) to (vi) (xi) 26(1)(l) to (p) (xii) 26(1)(t) and (u) (xiii) 26(1)(v)(i) (xiv) 26(1)(w)(i) (xv) 38(c) to (h) (xvi) 48(d) to (i) (xvii) 59(c) to (f) (xviii) 59(h) (xix) 70(c) to (f) (xx) 70(h)
Environmental Violations Administrative Monetary Penalties Regulations — (b)
(b) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations : (i) 14(1)(a) to (f) (ii) 14(1)(p) to (r) (iii) 14(1)(u)(ii) to (v) (iv) 14(1)(v)(ii) to (v) (v) 26(1)(a) to (g) (vi) 26(1)(q) to (s) (vii) 26(1)(v)(ii) to (v) (viii) 26(1)(w)(ii) to (v) (ix) 38(a) (x) 38(b)(i) and (ii) (xi) 48(a) to (c) (xii) 59(a) and (b) (xiii) 59(g) (xiv) 70(a) and (b) (xv) 70(g)
Environmental Violations Administrative Monetary Penalties Regulations — (a)
(a) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations : (i) 79(b) and (c) (ii) 79(e) and (f)
Environmental Violations Administrative Monetary Penalties Regulations — (b)
(b) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations : (i) 79(a) (ii) 79(d)
Environmental Violations Administrative Monetary Penalties Regulations — (c)
(c) for a contravention other than those referred to in paragraphs (a) and (b)
Environmental Violations Administrative Monetary Penalties Regulations — 60
60 (3) Section 1 , subsections 2 (1), (4), (7) and (9), section 11 , subsection 12 (2), section 13 , subsections 14 (2) and (3), sections 15 to 18 , subsections 19 (1), (2), (4) and (5), sections 20 to 22 , subsections 23 (2) and (3), 24 (2), 28 (1) and 29 (2), sections 41 to 44 , subsections 45 (2) and (3), and sections 47 to 50 , 53, 55 and 56 come into force on January 1, 2024 and apply with respect to the 2024 compliance period and subsequent compliance periods.
Microbeads in Toiletries Regulations — a
Whereas, pursuant to subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b , the Minister of the Environment published in the Canada Gazette , Part I, on November 5, 2016, a copy of the proposed Microbeads in Toiletries Regulations , substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; a S.C. 2004, c. 15, s. 31 b S.C. 1999, c. 33
Microbeads in Toiletries Regulations — c
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; c S.C. 2015, c. 3, par. 172(d)
Microbeads in Toiletries Regulations — Microbeads in Toiletries Regulations
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Microbeads in Toiletries Regulations — Microbeads in Toiletries Regulations
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 b , makes the annexed Microbeads in Toiletries Regulations .