Government of Canada / Gouvernement du Canada
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Oceans Act

Version of section 35 from 2019-05-27 to 2024-06-19:

Marginal note:Marine protected areas

  •  (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 or section 35.1 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;

    • (e) the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister; and

    • (f) the conservation and protection of marine areas for the purpose of maintaining ecological integrity.

  • Marginal note:Definition of ecological integrity

    (1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which

    • (a) the structure, composition and function of ecosystems are undisturbed by any human activity;

    • (b) natural ecological processes are intact and self-sustaining;

    • (c) ecosystems evolve naturally; and

    • (d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.

  • Marginal note:Network of marine protected areas

    (2) For the purposes of integrated management plans referred to in sections 31 and 32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada.

  • Marginal note:Performance of duties and functions

    (2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that:

    • (a) clearly identified objectives are set with regard to each marine protected area; and

    • (b) the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions.

  • Marginal note:Regulations

    (3) The Governor in Council, on the recommendation of the Minister, may make regulations

    • (a) designating marine protected areas;

    • (b) delineating zones within marine protected areas;

    • (c) prohibiting classes of activities within marine protected areas; and

    • (d) respecting any other matter consistent with the purpose of the designation.

  • 1996, ch. 31, art. 35
  • 2019, c. 8, s. 4

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