ARCHIVED — Vol. 147, No. 14 — April 6, 2013

Regulations Amending the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

Statutory authority

Saguenay-St. Lawrence Marine Park Act

Sponsoring agency

Parks Canada Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

The purpose of the Saguenay-St. Lawrence Marine Park is to enhance, for the benefit of present and future generations, the ecosystem protection of a representative portion of the Saguenay Fjord and the St. Lawrence Estuary for conservation purposes, while encouraging its use for educational, recreational and scientific purposes (e.g. scientific research on ecosystems, the impact of activities on habitats, species and the evolution of natural processes). Management of marine activities within the marine park is designed to ensure better protection of resources so that activities are carried out with the utmost respect for the environment while providing visitors with memorable experiences.

In order to ensure that the park fulfills its mandate, rules have been developed to control the activities within the park. These rules must follow the evolution of the conditions surrounding marine mammal observation activities in the park (i.e. the increased volume in marine traffic in the St. Lawrence Estuary that constitutes a major issue in terms of public safety and the environment) as well as new practices that would improve the ecosystem and marine mammal protection.

The Saguenay-St. Lawrence Marine Park Act (the Act), under which the Saguenay-St. Lawrence Marine Park was created, provides for the establishment of the Harmonization Committee and the Coordinating Committee. As part of the duties conferred upon them under the Act, these two committees have recommended that the rules governing the activities conducted within the park be modified.

Background

Enacted under section 17 of the Act, the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations (the Regulations) provide a framework for park management and activities. The Regulations came into force in 2002 and are the primary tool for protecting marine mammals in relation to the activities of the area’s marine mammal observation industry.

Over the last decade, the standards, practices and conditions surrounding marine mammal watching activities have evolved elsewhere. For instance, the National Oceanic and Atmospheric Administration of the Department of Commerce in the United States has developed guidelines for responsible marine wildlife viewing. The Pacific Whale Watch Association, grouping several Canadian and American whale watching companies, has produced guidelines on a similar topic. In addition, since the Regulations came into force, the number of cruise ships navigating the waters of the marine park has risen substantially as the result of intensive development of the industry in Quebec.

In response to developments and in light of the marine park’s experience implementing the Regulations over the past 10 years, the Regulations have to be modified to take into consideration the recent changes related to marine mammal observation activities. The two committees involved in setting the management direction of the marine park — the Marine Park Coordinating Committee and the Harmonization Committee — made recommendations related to the park’s management.

The committees recommended that park management and administration be adjusted to take into account the changes in park activities and the conditions in which they are carried out (e.g. increased ship traffic and the necessity to enhance marine mammal protection), in order to enhance the protection of ecosystems, and marine mammals in particular, while encouraging educational and recreational uses of the park.

In addition, the Regulations were reviewed by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), which recommended that some amendments be made.

Objectives

In response to developments and in light of the marine park’s experience implementing the Regulations over the past 10 years, the Regulations have to be modified to take into consideration the recent changes related to marine mammal observation activities.

The objectives of the proposed amendments are

  • to update the standards governing the management of the marine park and the activities carried out there;
  • to respond to the recommendations of the Harmonization Committee and the Coordinating Committee; and
  • to respond to the recommendations of the SJCSR.

Description

Classes of marine tour business permits

New classes of marine tour business permits would be offered to marine tour businesses in order to better reflect the diversity of activities that take place in the marine park. Currently, a marine tour business permit is issued for the duration of the activity, based on whether it is for more or fewer than 10 days. This permit distribution system does not fairly and equitably distinguish between the various activities being carried out in the marine park.

The planned amendments provide for the issuance of marine tour business permits based on the type of activities offered to visitors. Class 1 permits would be reserved for marine tour boats that carry out directed marine mammal watching tours and would also grant them the privilege of approaching cetaceans up to a distance of 100 to 200 m. Class 2 permits would be issued to marine tour businesses whose services do not include directed marine mammal watching, such as sailing and scuba diving schools. Class 3 permits would be issued to businesses that offer marine tours aboard human-powered vessels, such as sea kayaks.

A new permit category would be created for cruise ships (cruise ship permit) in order to respond to the growing needs related to cruise ship activity. Currently, cruise ships are issued permits that allow them to spend 10 days or fewer in the marine park, although some of them spend more than 10 days in the park’s waters per year. The new permit category would allow cruise ships to spend more than 10 days in the marine park per year.

These amendments would allow for better management of permits issued for activities carried out in the marine park’s waters. They would better protect marine mammals and cetaceans because only vessels with a Class 1 marine tour business permit would be allowed to approach cetaceans within a distance of 100 to 200 m.

Harmonization

In order to harmonize the Regulations with the various cetacean observation regulations and codes of conduct in place around the world, new rules regarding marine mammal approach privileges would be added to the Regulations. These amendments would also increase the level of protection for cetaceans listed in parts 1 to 3 of Schedule 1 of the Species at Risk Act (SARA) [can be consulted at http://laws-lois.justice.gc.ca/eng/acts/S-15.3/ index.html]. Parts 1, 2 and 3 list, respectively, extirpated, endangered and threatened species. The new rules pertain to the suspension of cetacean approach privileges under certain circumstances (e.g. in the presence of a calf or a resting whale), speed limits and manoeuvres near belugas, as well as the maximum number of vessels with a Class 1 permit that can be present in a given cetacean observation zone at the same time.

Furthermore, all vessels in the mouth of the Saguenay River, an area used intensively by St. Lawrence belugas, would be subject to mandatory speed reductions. The maximum permitted speed would be reduced from 25 knots to 15 knots. This amendment would ensure better protection of the beluga population (St. Lawrence Estuary population) listed in part 3 of Schedule 1 of SARA, and promote safer navigation in the area. This area is characterized by heavy marine traffic consisting of ferries, pleasure boats, kayaks, cargo vessels navigating the Saguenay River and numerous vessels departing for marine mammal watching tours.

Protection of marine mammals

New provisions have been proposed to ensure better use of the park and appropriate protection of marine mammals. To start, marine tour boat pilots, kayak guides and scientific research boat operators would be required to take training on the use of the marine park and to pass an annual knowledge exam in order to be certified. This requirement, previously stipulated in the permit conditions, would now be specified in the Regulations to ensure that the individuals concerned understand the Regulations and that they are capable of carrying out activities at sea while minimizing the impacts on marine mammals. In addition, rules regarding radio use would be redefined to better monitor how long marine tour operators spend at marine mammal watching sites. For example, when a marine tour boat enters or leaves an observation zone, the boat’s pilot would be required to radio the pilots of all other commercial vessels in the area. Lastly, rules governing the requirement to report a collision with a marine mammal would be revised to specify the important elements (e.g. the location, date and time of the incident; the species involved; the circumstances of the incident; and the condition of the animal) to be provided to the park warden or the official in charge in the event of a collision between a commercial vessel and a marine mammal.

Requirements regarding class 1 and 2 marine tour vessel equipment and the identification of human-powered vessels used for various activities would be added in order to increase passenger safety and facilitate compliance with the Regulations. The new provisions would require marine tour business class 1 and 2 vessels to be equipped with a navigation radar and a satellite global positioning system (GPS) that are functional and in good working order when the vessels are in use. Fewer than 12 marine tour vessels would have to be equipped with either a radar or a GPS or both. It will cost owners roughly $3,000 to purchase and install a radar and approximately $1,000 to purchase and install a GPS. This navigation equipment will help pilots comply with the speed limits set out in the Regulations and assist them under conditions of reduced visibility. With respect to human-powered craft, the company’s name would have to be clearly marked on both sides of all vessels.

Amendments as result of consultations

Public consultations on zoning held in 2008 as part of the review of the park’s Management Plan gave the Parks Canada Agency an opportunity to specify the activities that are permitted and prohibited in the marine park. Prohibited activities are incompatible with the Agency’s mandate and policies, and are detrimental to visitor experience and the protection of the marine park’s ecosystems. Following these consultations, it was determined that a new provision should be added to the Regulations banning the use of personal watercraft and hovercraft, the conduct of all towing water sports and the offering of commercial migratory bird hunting services in the marine park.

Administrative amendments and recommendations from the Standing Joint Committee for the Scrutiny of Regulations

Other administrative amendments would be made to the Regulations to define new terminology and to bring the Regulations into line with other statutes and regulations in force in Canada, such as the Canada Shipping Act, 2001, the Species at Risk Act, the Small Vessel Regulations and the Marine Mammal Regulations. For instance, the following definitions would be added in the Regulations: “aircraft,” “calf,” “cruise ship,” and “speed.”

Finally, the regulatory amendments would also address the recommendations of the SJCSR for amendment of certain provisions regarding compliance with permit conditions and the authority of park wardens. For example, provisions pertaining to compliance with permit conditions described in section 3 of the Regulations would be repealed, as would section 7, which deals with inspection powers.

Consultation

Extensive public consultations have been held on the proposed regulatory amendments since 2007, including those on the review of the marine park’s Management Plan that took place between December 2007 and March 2008.

Approximately 230 people from various Aboriginal communities (including the Essipit Innu First Nation) and various regional municipalities and regional organizations took part in the public consultation sessions (more information on the consultations can be found at www.parcmarin.qc.ca/8674_an.html).

The majority of the stakeholders were in agreement with the proposed amendments. A total of 28 written briefs were produced on behalf of the 30 groups in attendance, and 24 briefs were submitted by individuals. Among the briefs received, some suggested changes to the regulatory amendments proposed by the Agency. For instance, it was suggested that the maximum speed of boats at the mouth of the Saguenay be reduced; that the definition of a personal watercraft be clarified; and that the permits required for sailing schools or sailing course cruise operators be differentiated from those for marine mammal watching cruises and other activities allowed in the marine park.

The majority of the proposals were accepted by the Agency and were incorporated in the regulatory amendments. For instance, a number of stakeholders did not want to completely ban all personal watercraft, as initially proposed, but only sport watercraft because their use is incompatible with the marine park’s conservation and protection objectives. The Agency took these comments into consideration and proposed a provision that prohibits the use of “personal watercraft” as defined in subsection 1(1) of the Small Vessel Regulations.

The Saguenay–St. Lawrence Marine Park Management Plan, which was developed and tabled before each House of Parliament in accordance with section 9 of the Act, states that developing a marine activity management plan that takes into account the marine park’s objectives and the needs of its partners is a priority (the Management Plan can be consulted at www.parcmarin.qc.ca/ 8674_an.html). As a result, 32 meetings were held in the spring of 2009 with representatives of the various activity sectors, including operators of marine tour companies, sailing schools, and sea kayak and scuba diving tour companies. The most recurrent themes were the types of zones in the marine park and the terms and conditions under which each type of zone may be used; observation activities at sea; the expansion of the boundaries of the marine park; recreational boating, including anchoring and wastewater; partnerships; commercial and recreational fishing; migratory bird hunting; certain types of personal watercraft; and commercial navigation. The meetings were held following the distribution of a 2009 discussion paper on marine activities in the Saguenay-St. Lawrence Marine Park to the stakeholders involved. The discussions were based on a questionnaire on the actions proposed in the discussion paper. Target groups were selected so as to ensure that stakeholders with an interest in marine activities in the park would be well represented. A total of 34 different organizations were represented at the meetings. The majority of the stakeholders were in agreement with the proposed amendments to the Regulations and with the conservation, visitor experience and safety objectives proposed in the discussion paper.

A workshop, to discuss the proposed amendments to the Regulations, was also held in September 2009 with approximately 75 participants, including representatives of the marine mammal observation industry and stakeholders from the private sector and governmental and non-governmental organizations. Many comments and suggestions concerning the proposed amendments to the Regulations were made during the workshop and have been incorporated. These include the requirement for class 1 and 2 marine tour vessels to be equipped with a radar and the possibility of suspending a marine tour operator’s certification.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the proposed Regulations as no additional administrative burden will be imposed on businesses and there is no increase in administrative costs.

Small business lens

The small business lens does not apply to these draft Regulations because the proposed amendments entail only a minimal cost of compliance for small businesses.

Rationale

Since park management approaches have to be revamped and need to be adjusted to take into consideration recent developments related to marine mammal observation activities and stakeholder feedback, it is essential to amend the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations. The Regulations are the primary tool governing administration of the park and the activities carried out within its boundaries.

The objectives of updating the standards governing the management of the marine park and of compliance with the recommendations of the Harmonization Committee and the Coordinating Committee cannot be achieved with tools or methods other than regulatory amendments. Moreover, some other amendments have been recommended by the Standing Joint Committee for the Scrutiny of Regulations.

The proposed amendments to the Regulations would enhance protection of marine mammals. They would allow for better management of the marine park and marine activities that take place in the park, without affecting other fields or sectors or imposing a disproportionate burden on the various stakeholders.

Implementation, enforcement and service standards

Parks Canada already administers and enforces the provisions set out in the Regulations. The current compliance and implementation mechanisms of the Saguenay-St. Lawrence Marine Park Act and the Regulations will continue to apply. Enforcement activities take place through regular patrols by park wardens and other law enforcement officers in the Park to ensure compliance with the Regulations. The general legislative scheme regarding contraventions and penalties is set out in subsection 20(2) of the Act. Under that section, every person who contravenes any provision of the Regulations is guilty of an offence and liable, on summary conviction, to a maximum fine of $50,000, in the case of an individual, or $500,000, in the case of a corporation. A maximum fine of $200,000, in the case of an individual, or $1,000,000 in the case of a corporation, could be imposed on indictment.

In addition to compliance, which would be monitored through the enforcement program, public education would be promoted by informing park users and visitors of the new rules governing marine mammal watching.

Contact

Fouad Sadiki
Senior Adviser
Policy, Legislative and Cabinet Affairs Branch
Parks Canada
25 Eddy Street (25-4-Q)
Gatineau, Quebec
K1A 0M5
Fax: 819-994-5140

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 17 (see footnote a) of the Saguenay-St. Lawrence Marine Park Act (see footnote b), proposes to make the annexed Regulations Amending the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Fouad Sadiki, Senior Advisor, Policy, Legislative and Cabinet Affairs Branch, Strategy and Plans Directorate, Parks Canada, 25 Eddy Street (25-4-Q), Gatineau, QC K1A 0M5 (tel: 819-994-2696; fax: 819-994-5140).

Ottawa, March 28, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MARINE ACTIVITIES IN THE SAGUENAY-ST. LAWRENCE MARINE PARK REGULATIONS

AMENDMENTS

1. (1) The definitions “commercial vessel”, “disturbance of a marine mammal”, “endangered marine mammal” and “Fjord” in section 1 of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations (see footnote 1) are repealed.

(2) The definitions “cargo ship”, “observation zone”, “permit” and “special activity” in section 1 of the Regulations are replaced by the following:

  • “cargo ship” means a commercial ship used to transport goods in various forms including composite units, as defined in subsection 1(1) of the Collision Regulations, and barge combinations. (navire de charge)
  • “observation zone” means a moving circular zone that exists around a vessel while it is in observation mode in the park and that has a radius of one-half nautical mile (926 m). (zone d’observation)
  • “permit” means any of the following permits issued by the Minister under subsection 10(1) of the Act:
    • (a) a class 1, 2 or 3 permit;
    • (b) a shuttle service permit;
    • (c) a scientific research permit;
    • (d) a cruise ship permit; or
    • (e) a special activity permit. (permis)
  • “special activity” means a planned, temporary activity or event held in the park, and includes a parade, regatta, show, film production or promotion, sports event or an activity involving flying at an altitude of less than 609.6 m (2,000 feet). (activité spéciale)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

  • “aircraft” has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef)
  • “calf” means a juvenile cetacean measuring no more than one-half the size of an adult. (veau)
  • “class 1” means a marine tour business whose activities take place on a vessel, other than a human-powered vessel, and include directed marine mammal watching tours. (classe 1)
  • “class 2” means a marine tour business whose activities take place on a vessel, other than a human-powered vessel, and consist of activities other than directed marine mammal watching tours. (classe 2)
  • “class 3” means a marine tour business whose activities take place on a human-powered vessel. (classe 3)
  • “cruise ship” means a passenger vessel offering overnight accommodations for at least 100 persons exclusive of crew accommodations. (navire de croisière)
  • “speed” means speed over the ground. (vitesse)

2. (1) Paragraph 2(3)(c) of the Regulations is replaced by the following:

  • (c) other than sections 14, 14.2 and 19, do not apply to the operator of a cargo ship.

(2) Section 2 of the Regulations is amended by adding the following after subsection (3):

(4) Subsections 15(1) to (3) and sections 15.1 and 21 to 25 do not apply to the operator of vessel operating under a scientific research permit if

  • (a) the research involves marine mammals; and
  • (b) it is necessary for the purposes of the research to approach marine mammals closer than the minimum distance required under those provisions.

3. Section 3 of the Regulations is replaced by the following:

3. (1) It is prohibited for any person to operate a marine tour business, a cruise ship or a shuttle service in the park unless the person is a permit holder in respect of that business or service or is authorized in writing by the permit holder to do so on their behalf.

(2) It is prohibited for any person to conduct scientific research or to hold a special activity in the park unless the person is a permit holder in respect of that research or activity or is authorized in writing by the permit holder to do so on their behalf.

4. Section 5 of the Regulations is replaced by the following:

5. (1) A class 1 or 2 permit, a shuttle service permit or a cruise ship permit shall authorize the operation of only one vessel.

(2) A class 1, 2 or 3 permit and a shuttle service permit shall be issued only to the owner of the business or service in respect of which the permit is sought.

(3) A maximum of 53 vessels may be authorized to operate in the park under class 1 permits.

5. (1) Paragraphs 6(1)(a) and (b) of the Regulations are replaced by the following:

  • (a) the name and contact information of the applicant and, if they are different, those of the applicant’s business;
  • (a.1) the type of permit being sought;
  • (b) information respecting the equipment that the applicant uses or intends to use, including the number of vessels, if any, and their registration or listing numbers;

(2) Paragraphs 6(1)(d) to (i) of the Regulations are replaced by the following:

  • (d) a copy of any documentation required by law to prove that any vessel that is the subject of the application is authorized to carry out, and is capable of carrying out, the activity for which the permit is sought;
  • (e) in the case of an application for a class 1, 2 or 3 permit, a shuttle service permit, or a cruise ship permit, the types of goods or services that the applicant intends to offer;
  • (f) in the case of an application for a scientific research permit, a description of the proposed scientific research, its expected duration, the objectives to be attained, the methodology and the equipment to be used, the dates on which and the times and places at which the research is to be conducted and, in the case of research involving marine mammals, a statement indicating whether it is necessary for any vessel operating under the permit to approach marine mammals closer than the minimum distance required under subsections 15(1) to (3) and sections 15.1 and 21 to 23;
  • (g) in the case of an application for a special activity permit, a description of the proposed special activity, its expected duration, the objectives to be attained and the dates on which and the times and places at which it is to be held; and
  • (h) in the case of a cruise ship permit, the dates of the intended cruise.

(3) Subsections 6(2) and (3) of the Regulations are replaced by the following:

(2) An application for a permit shall be accompanied by the applicable fee fixed by the Minister under section 24 of the Parks Canada Agency Act.

(3) The Minister may fix an additional fee under that section for applications submitted later than 30 days before the start of the activity for which the permit is being sought.

(4) A permit holder shall notify the Minister in writing as soon as feasible of any change in the information that was provided in the application.

6. Section 7 of the Regulations and the heading before it are replaced by the following:

ISSUANCE OF PERMITS

7. When deciding whether to issue a permit under section 10 of the Act, the Minister shall take into consideration the following objectives:

  • (a) the protection, control and management of the park;
  • (b) the protection of ecosystems, and any elements of ecosystems, in the park, in particular by decreasing the number of vessels authorized to operate in the park;
  • (c) the protection of the cultural resources submerged in the park;
  • (d) the protection, health and safety of the public in the park; and
  • (e) the encouragement of the use of the park for educational, recreational and scientific purposes.
CONDITIONS

7.1 The Minister may specify conditions in a permit to fulfil the objectives set out in paragraphs 7(a) to (d) including conditions regarding one or more of the following:

  • (a) restrictions, in terms of time and place, on the conduct of the activity authorized by the permit;
  • (b) refuelling practices;
  • (c) practices for the safe conduct of the activity;
  • (d) the information that shall be provided to passengers;
  • (e) the methods of communication used by operators of vessels operating under class 1 permits, in accordance with subsection 26(2);
  • (f) the use of required equipment;
  • (g) whether a park warden, enforcement officer or any other specified person is required to be on board the vessel;
  • (h) the reporting of information to the park administration, including
    • (i) the number of uses made annually of the vessel,
    • (ii) in the case of a class 3 permit, a report of any incidents affecting ecosystems or the health or safety of clients, and
    • (iii) in the case of a scientific research permit, a report on the scientific research activities performed under the terms of the permit;
  • (i) the number of clients allowed for each guide operating under a class 3 permit;
  • (j) the qualifications required for guides operating under a class 3 permit; and
  • (k) with respect to a permit for scientific research involving marine mammals, in the event that it is necessary for a vessel to approach marine mammals closer than the minimum distance required under subsections 15(1) to (3) and sections 15.1 and 21 to 25, restrictions on the conduct of the research in order to minimize any disturbance of the marine mammals.

7.2 (1) The Minister may amend any condition of a permit to fulfil the objectives set out in paragraphs 7(a) to (d).

(2) A notice of the amendment shall be sent to the permit holder and the amendment is effective on the day after

  • (a) the day recorded by the park administration’s server as the day on which the notice is sent, if the permit holder consents to receiving it by electronic means;
  • (b) the day recorded by the park administration’s fax machine as the day on which the notice is sent, if the permit holder consents to receiving it by fax;
  • (c) the day on which the notice is received, if it is sent to the permit holder by registered mail; or
  • (d) the day on which the notice is received by the permit holder, if it is delivered personally.

(3) The notification is part of the permit and the permit holder shall attach it to the permit on receipt.

7. (1) Paragraph 8(1)(b) of the Regulations is replaced by the following:

  • (b) there are reasonable grounds to believe that the permit holder has contravened these Regulations, the Act or any other applicable Acts or regulations; or

(2) Section 8 of the Regulations is amended by adding the following after subsection (3):

(3.1) The Minister shall not cancel a permit without first giving the permit holder an opportunity to be heard.

8. (1) Subparagraph 11(1)(a)(i) of the Regulations is replaced by the following:

  • (i) the name and contact information of the person to whom the permit is to be transferred,

(2) Subparagraph 11(1)(a)(iii) of the Regulations is replaced by the following:

  • (iii) any change in the name of the business or the name and registration or listing number of the vessel to be operated by the new permit holder under the permit after the transfer, and

9. The heading before section 12 and sections 12 and 13 are replaced by the following:

MARINE ACTIVITIES CERTIFICATE

11.1 (1) The holder of a class 1, 2 or 3 permit, a scientific research permit involving marine mammals or a special activity permit involving marine mammals shall ensure that the operator or guide conducting an activity under the permit holds a marine activities certificate issued by the Minister.

(2) The Minister shall issue a certificate to an operator or guide who has passed a training course approved by the Minister. The operator or guide shall pass an annual examination to renew the certificate.

(3) The operator or guide shall pay the applicable fee for the certificate as fixed by the Minister under section 24 of the Parks Canada Agency Act.

(4) The operator or guide shall carry the certificate at all times when engaged in the activities referred to in the permit.

SUSPENSION AND CANCELLATION OF CERTIFICATE

11.2 (1) The ground for suspension of a marine activities certificate by the Minister under section 10 of the Act is that there are reasonable grounds to believe that the operator or guide has contravened the Act, these Regulations or other applicable Acts or regulations.

(2) The grounds for cancellation of a certificate by the Minister under section 10 of the Act are

  • (a) that the operator or guide has been convicted three times of contravening the Act, these Regulations or other applicable Acts or regulations; or
  • (b) that the certificate has been suspended three times.

(3) The Minister shall not issue a certificate to an operator or guide whose certificate has previously been cancelled.

(4) The Minister shall not cancel a certificate without first giving the operator or guide an opportunity to be heard.

LOG BOOK

11.3 (1) The permit holder of a class 1 or 2 permit, a shuttle service permit, a scientific research permit or a cruise ship permit shall ensure that the log book of a vessel operating under the permit is maintained.

(2) The log book shall contain the following information for each use of the vessel under the permit:

  • (a) the date;
  • (b) the point of departure;
  • (c) the name of the operator;
  • (d) the time of departure and return;
  • (e) the number of passengers;
  • (f) the operator’s signature; and
  • (g) a note of any incidents affecting ecosystems or the health or safety of passengers.

(3) The log book shall be presented to a park warden or enforcement officer on request.

EQUIPMENT

11.4 (1) The permit holder of a class 1 or 2 permit, a shuttle service permit or a cruise ship permit shall ensure that the vessel operating under the permit is equipped with

  • (a) a fixed GPS that can provide the exact speed of the vessel in knots; and
  • (b) a navigation radar, except a vessel in operation in the Saguenay Fjord upstream of l’Anse-de-Roche.

(2) The GPS and radar shall be in good working order and shall be turned on when the vessel is in operation.

FLAG

12. The holder of a class 1 or 2 permit, a shuttle service permit or a scientific research permit shall ensure that the vessel operating under the permit flies the appropriate identification flag issued with that permit in a manner that clearly identifies the type of authorized activity which the vessel is carrying out.

IDENTIFICATION

13. (1) The holder of a class 3 permit shall ensure that the vessels operating under the permit carry on both of their sides an approved, clearly visible, sign identifying the name of the business.

(2) The Minister shall approve the sign if it clearly identifies the business.

10. Subsection 14(2) of the Regulations is replaced by the following:

(2) Disturbance of a marine mammal includes, but is not limited to, the following activities:

  • (a) feeding or touching a marine mammal;
  • (b) entering the water with the intention of swimming or otherwise interacting with marine mammals;
  • (c) playing whale songs or calls, or making any other noise that may resemble whale songs or calls, under water;
  • (d) separating members of a group of marine mammals or going between an adult marine mammal and its calf;
  • (e) trapping a cetacean or group of cetaceans between a vessel and the shore or between a vessel and other vessels; and
  • (f) any undue interruption, alteration or disruption of the normal behaviour of a marine mammal, in particular its social, swimming, breathing, diving, resting, feeding, nursing or reproductive behaviour.

(3) Subsection (1), in respect of behaviour that may injure or cause the disturbance of marine mammals, does not apply to a person conducting scientific research involving marine mammals under a scientific research permit if the injury or disturbance is necessary for the research.

(4) The operator of a vessel that is involved in an incident in which a marine mammal is killed or injured or that collides with a marine mammal shall report the incident immediately to a park warden or an enforcement officer and provide the following information:

  • (a) the name of the operator and contact information that would permit prompt communication;
  • (b) the location, date and time of the incident;
  • (c) the species involved;
  • (d) the circumstances of the incident;
  • (e) the condition of the animal before and after the incident, if known;
  • (f) the animal’s direction of travel after the incident;
  • (g) the weather and sea conditions; and
  • (h) any other relevant information.

11. The heading before section 15 and sections 15 to 18 of the Regulations are replaced by the following:

TEMPORARY EXCLUSION AREA

14.1 The Minister shall establish a temporary exclusion area if it is necessary for

  • (a) the protection, control or management of the park;
  • (b) the protection of ecosystems or any elements of ecosystems, in the park;
  • (c) the protection of the cultural resources submerged in the park; or
  • (d) the protection, health or safety of the public in the park.

14.2 It is prohibited for any person to enter a temporary exclusion area during the time that it is in force unless that person is authorized by the Minister to do so for purposes related to the reason for the establishment of the exclusion area.

14.3 (1) The Minister shall determine the geographic limits of the temporary exclusion area.

(2) The Minister shall determine the period during which the temporary exclusion area will remain in force, the duration of which shall not exceed 60 days.

(3) The Minister may establish further periods not exceeding 60 days each if it is necessary for the reasons set out in section 14.1.

(4) The Minister shall, as soon as feasible, have the Department of Fisheries and Oceans communicate in a Notice to Shipping or a Notice to Mariners, the decision to establish the temporary exclusion area and the decisions made under subsections (1) to (3). The Minister shall also communicate by fax or other electronic means the same to all permit holders and any marinas from which vessels may navigate into the park and post notices in conspicuous places where the notices are most likely to come to the attention of any person who will enter the area.

(5) The temporary exclusion area exists as of the time that the decision establishing it is communicated.

PROHIBITION

14.4 It is prohibited, in the park,

  • (a) to use a personal watercraft, as defined in subsection 1(1) of the Small Vessel Regulations;
  • (b) to use an air cushion vehicle;
  • (c) to conduct a water sport activity using a vessel or any other motorized system as a method of traction; or
  • (d) to offer any commercial services related to hunting migratory birds.
DISTANCE REQUIREMENTS

15. (1) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not, by means of the vessel’s motors or under the force of the winds, waves, currents or by any other means, permit the vessel to approach a cetacean within a distance of less than 100 m, if the vessel is operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

(2) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not place the vessel in the path of a cetacean in such a manner that the cetacean will pass within a distance of less than 100 m, if the vessel is operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

(3) If a cetacean, other than a beluga, approaches within a distance of less than 100 m from a vessel that is operating under a class 1 permit, or less than 200 m from any other vessel, the operator of the vessel shall place the engine in neutral gear until the cetacean has dived toward the seabed or moved more than 100 m or 200 m from the vessel, as the case may be.

(4) Subject to subsection 15.1(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean accompanied by a calf or from a resting cetacean.

15.1 (1) The operator of a vessel shall maintain a minimum distance of 400 m between the vessel and any marine mammal of a species or of a population of a species that is listed in any of Parts 1 to 3 of Schedule 1 to the Species at Risk Act.

(2) The operator of a vessel shall not place the vessel in the path of a marine mammal referred to in subsection (1) in such a manner that the marine mammal will pass within a distance of less than 400 m.

(3) Despite subsections (1) and (2), if the operator of a vessel is unable to maintain a minimum distance of 400 m from a beluga, the operator shall maintain course until the vessel is more than 400 m from any beluga.

(4) Despite subsection (1), if a vessel is in observation mode when a beluga approaches within a distance of less than 400 m, the operator of the vessel shall place the vessel engine in neutral gear or move the vessel away in accordance with sections 23 and 24.

CONCENTRATION OF VESSELS

16. Despite subsection 15(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean when there are more than four vessels within a radius of 400 m from that vessel.

17. The operator of a vessel operating under a class 1 permit shall not permit the vessel to enter an observation zone or observation area if there are more than nine vessels operating under a class 1 permit already in the zone or area.

AIRCRAFT

18. It is prohibited for any pilot to fly an aircraft over the park at an altitude of less than 609.6 m (2,000 feet) from the surface of the water or take off from or land in the park unless the person is the holder of a special activity permit authorizing this activity.

12. The heading before section 19 of the Regulations is replaced by the following:

SPEED LIMITS AND MANOEUVRES

13. Section 20 of the Regulations is replaced by the following:

19.1 Despite sections 20 to 24, the operator of a vessel in the mouth of the Saguenay, as described in the Schedule, shall not operate the vessel at a speed greater than 15 knots, or 20 knots in the case of vessels operating under a class 1 permit that require a speed greater than 15 knots in order to plane, during the period from May 1 to October 30 of each year.

20. The operator of a vessel shall not operate the vessel at a speed greater than 10 knots when it is in the observation zone of another vessel or in an observation area.

14. The portion of section 21 of the Regulations before paragraph (a) is replaced by the following:

21. Despite section 20, the operator of a vessel that is between 100 and 400 m, in the case of a vessel operating under a class 1 permit, and between 200 and 400 m, in the case of any other vessel, from a cetacean other than a beluga, shall not

15. Sections 22 to 24 of the Regulations are replaced by the following:

22. If a vessel unexpectedly encounters a marine mammal, other than a beluga, at a distance of less than 400 m, the operator of the vessel, other than a human-powered vessel, shall reduce the speed of the vessel to a speed not greater than the minimum speed required to manoeuvre the vessel.

23. Subject to subsections 15(3) and 15.1(4) and section 22, the operator of a vessel, other than a human-powered vessel, that is less than one-half nautical mile (926 m) from a beluga shall not permit the vessel to remain stationary and shall operate it at a constant speed that is not less than 5 and not greater than 10 knots.

24. The operator of a vessel that is less than one-half nautical mile (926 m) from a beluga shall not change the direction of the vessel in a repetitive manner.

OBSERVATION ZONES AND OBSERVATION AREAS

25. (1) The operator of a vessel shall not keep the vessel in observation mode for more than one hour or operate the vessel in the observation zone of another vessel or in an observation area for more than one hour.

(2) The operator of a vessel shall not permit the vessel to re-enter the observation zone of another vessel or an observation area until one hour has elapsed after leaving that observation zone or observation area, as the case may be.

26. (1) The operator of a vessel operating under a class 1 permit shall not permit the vessel to approach a cetacean within a distance of between 100 and 200 m

  • (a) for more than two periods of 30 minutes each during each excursion; or
  • (b) more than once in the same observation zone or observation area.

(2) The operator of a vessel operating under a class 1 permit shall — when the vessel is placed in observation mode, enters an observation zone or leaves an observation zone — indicate this to all other vessels nearby by the means of communication indicated in the permit under which the vessel is authorized to operate.

(3) Despite section 25, the operator of a vessel operating under a class 2 permit shall not place the vessel in observation mode or enter the observation zone of any vessel.

16. The schedule to the Regulations is replaced by the Schedule set out in the schedule to these Regulations.

COMING INTO FORCE

17. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Subsection 11.1(3) of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, as enacted by section 9, comes into force on April 1, 2014, but if these Regulations are registered after that day, it comes into force on the day on which they are registered.

SCHEDULE
(Section 16)

SCHEDULE
(Section 19.1)

MOUTH OF THE SAGUENAY

The area of the park bounded

  • (a) on the south by a line approximately 3.65 nautical miles in length
    • (i) commencing at a point near Pointe-aux-Alouettes, having the geographical coordinates 48°05′52″ N latitude and 69°42′26″ W longitude,
    • (ii) then to a point near Îlet-aux-Alouettes, having the geographical coordinates 48°06′27″ N latitude and 69°41′02″ W longitude,
    • (iii) then to a point near buoy S7, having the geographical coordinates 48°07′11″ N latitude and 69°40′30″ W longitude,
    • (iv) then to a point near buoy S8, having the geographical coordinates 48°07′30″ N latitude and 69°40′17″ W longitude, and
    • (v) ending at a point near Pointe-aux-Vaches, having the geographical coordinates 48°08′52″ N latitude and 69°39′58″ W longitude; and
  • (b) on the north by a line approximately 0.77 nautical miles in length
    • (i) commencing at a point near Baie-Sainte-Catherine ferry wharf, having the geographical coordinates 48°07′35″ N latitude and 69°43′47″ W longitude, and
    • (ii) ending at a point near the Tadoussac ferry wharf, having the geographical coordinates 48°08′21″ N latitude and 69°43′37″ W longitude.

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