Canada Gazette, Part I, Volume 158, Number 51: Order Designating the Sarvarjuaq Marine Protected Area

December 21, 2024

Statutory authority
Oceans Act

Sponsoring department
Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Executive summary

The North Water Polynya (Sarvarjuaq/Pikialasorsuaq) region is a unique, and critically important habitat in Canada’s High Arctic. It is located in northern Baffin Bay between Canada and Greenland. “Sarvarjuaq” is the name Qikiqtani Inuit of Canada give to that portion of the North Water Polynya that falls within Canadian waters. Fisheries and Oceans Canada (DFO), the Government of Nunavut (GN) and the Qikiqtani Inuit Association (QIA) are working together to ensure the Sarvarjuaq Study Area is protected while long-term protection options, including an Inuit Protected and Conserved Area (IPCA), are explored.

As part of this joint effort, the Minister of Fisheries and Oceans proposes to make the Sarvarjuaq Ministerial Order marine protected area (MPA) under section 35 of the Oceans Act. This proposed Order would freeze the footprint of activities in the area for a period of up to five years. This would mean that no new human activities, other than Inuit activities provided for in the Nunavut Agreement, and activities otherwise subject to the statutory exceptions provided for under subsection 35.1(3) of the Oceans Act, would be allowed in the area for the duration of the Order. Activities that have lawfully occurred in the area over the 12 months prior to designation (or that were authorized by federal or territorial permit, licence, or some other form of express authorization to occur, but have not yet taken place) would be allowed to continue for the duration of the Order. In addition, marine scientific research, and activities carried out for purposes of public safety, national defence, national security or law enforcement, or in response to emergency situations, are already covered by the statutory exceptions set out under subsection 35.1(3) of the Oceans Act and would therefore be allowed. Marine cable laying, maintenance and repair activities carried out by a foreign national, entity, ship or state, may also be exempted and therefore allowed to be carried out in the proposed Sarvarjuaq MPA.

Both scientific research and Inuit knowledge have identified Sarvarjuaq as a critical ecological feature of this region of the Canadian Arctic. For millennia, Inuit have regarded this region as a place of great cultural and spiritual significance, and rely on the sea ice/ice edge environment as an important hunting ground and transportation corridor. The area supports a large variety of marine life, including algae, fish, seabirds and marine mammals, and provides key habitat to migratory species. The ice bridges that form north of the polynya are traditional travel routes for Inuit, connecting Canadian communities to Greenlandic communities. In 2022, the QIA identified this area in their Regional Prospectus as potentially contributing to a network of protected areas across the Qikiqtani Region, focusing on Inuit-led conservation and stewardship.

The North Water Polynya is one of the largest recurring polynyas — a recurrent area of thin ice and open water that occurs in winter at a location where nearby ice is appreciably thicker — in the Arctic, which supports high productivity and biodiversity. In 2011, DFO identified this area as an Ecologically and Biologically Significant Area (EBSA) based on its biological importance. In 2013, the Inuit Circumpolar Council (ICC) Canada and Greenland noted that the North Water Polynya is threatened by rapid changes influenced by internal and external factors, including climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. In 2021, a DFO Canadian Science Advisory Secretariat peer-reviewed process reached a similar conclusion, identifying climate change as the area’s greatest stressor. Designating an MPA under the Oceans Act in the area would provide a regulatory mechanism to help conserve and protect the area and the natural resources it supports.

The proposed Sarvarjuaq Ministerial Order MPA would contribute 1.28% to Canada’s Marine Conservation Targets (MCT) of conserving 25% of Canada’s oceans by 2025, and 30% by 2030, and would advance Indigenous leadership and collaboration in marine conservation stewardship. The proposed Order would also advance Canada and Canadian Inuit leaders’ 2019 commitment to work in partnership with the governments of Denmark and Greenland to advance the sustainable marine management and environmental protection of Sarvarjuaq. Making the proposed Order would also fulfill the QIA’s 2020 commitment to work with the Government of Canada to ensure the protection of the Sarvarjuaq Study Area. The proposed Ministerial Order MPA would provide short-term protection of the area, while DFO and its partners work collaboratively to explore long-term conservation measures, including the development of an Inuit Protected and Conserved Area (IPCA) that upholds Inuit-led conservation and stewardship. Protection of the Sarvarjuaq area is also a commitment under the Qikiqtani Project Finance for Permanence (Q-PFP) initiative. This collaborative approach supports QIA’s regional and integrated approach to conservation for the Qikiqtani Region and seeks to advance reconciliation and promote Inuit self-determination.

The proposed Ministerial Order MPA would not apply with respect to Inuit rights as provided for under the Nunavut Agreement.

Issues

For millennia, Inuit have regarded Sarvarjuaq as a place of great cultural and spiritual significance, and rely on the sea ice/ice edge environment as an important hunting ground and transportation corridor. The Sarvarjuaq Study Area, located in the North Water Polynya in Northern Baffin Bay (Figure 1), is one of the largest (80 000 km2) polynyas (i.e., a recurrent area of thin ice and open water during winter surrounded by thicker pack ice) in the Arctic, and is well known for its early (in the season) and reliable productivity and high biodiversity. The polynya provides a critical habitat for a number of marine mammal species, such as Atlantic walrus (Odobenus rosmarus rosmarus), beluga (Delphinapterus leucas) and bowhead whale (Balaena mysticetus), narwhal (Monodon monoceros), ringed seal (Pusa hispida), bearded seal (Erignathus barbatus), and polar bear (Ursus maritimus), as well as sea birds, fish and other marine life. The Sarvarjuaq area is home to an estimated 60 million birds, including the endangered ivory gull, and the largest aggregation of dovekies/little auks on earth.

Sarvarjuaq is threatened by rapid change influenced by internal and external factors such as climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. Protection of Sarvarjuaq through a Ministerial Order MPA under the Oceans Act is being proposed with the support of QIA and adjacent communities as an initial conservation and protection approach while DFO collaborates with its partners to consider options for long-term protection, including an IPCA. DFO, QIA, and Environment and Climate Change Canada (ECCC) reached an Agreement in Principle for the Q-PFP, which includes a shared commitment to advance the protection of the proposed Sarvarjuaq MPA. The Q-PFP is a historic Indigenous-led project in the Qikiqtani region of Nunavut. Through funding from the Government of Canada and philanthropic donors, the Q-PFP will enable the Inuit partner to implement its regional conservation model over almost one million square kilometres of lands and waters in the Qikiqtani region.

This phased approach to protection is supported by local communities. This initiative would help the Government of Canada and its partners, the QIA and GN, in advancing reconciliation and Inuit self-determination in Nunavut. This approach also aligns with the jointly developed Inuit Nunangat Policy, developed to promote prosperity and support community and individual well-being throughout Inuit Nunangat with the goal of socio-economic and cultural equity between Inuit and other Canadians. Inuit leadership in marine management is vital to helping maintain sustainable development, securing community benefits, mitigating impacts on the sensitive ecosystem, and protecting the area and its resources.

Background

Pikialasorsuaq (meaning “great upwelling”) is the west Greenlandic name more commonly used by international organizations, such as World Wildlife Fund (WWF) and the ICC, to describe the “North Water Polynya” and surrounding binational region. Pikialasorsuaq refers to the entirety of the North Water Polynya spanning both Canada and Greenland in northern Baffin Bay. In 2011, DFO identified this area as an EBSA based on its biological importance and began advancing the consideration of this area for protection shortly thereafter.

The proposed Sarvarjuaq MPA is an important area for Inuit harvesting and food security. The presence of the polynya during the winter months ensures that Inuit have a place to fish and hunt year-round. The polynya also supports migratory species harvested throughout the whole Qikiqtani region and beyond.

Arctic temperatures are rising faster than the global average, with significant negative effects to sea ice. The Arctic marine environment is entering a new state where large areas formerly covered by ice are now seasonally ice-free and thick multi-year ice is being replaced by younger, thinner ice. These changes are impacting the North Water Polynya, as its recurrence relies on the formation of ice bridge(s) in Nares Strait. Effective protection of areas supporting unique Arctic biodiversity, such as those occurring in the proposed Sarvarjuaq MPA, will help maximize the resilience of Arctic ecosystems and help maintain critical habitat for a number of species. The species found within the boundaries of the proposed Sarvarjuaq MPA are known to be significant components of the Arctic ecosystem due to their role in maintaining ecosystem health. As part of the Government of Canada’s commitment to protect Sarvarjuaq, DFO is leading a research expedition that will develop a scientific knowledge base of the region. The data collected through this program will continue to support informed long-term decision-making for the area.

In 2013 the ICC, Greenland and Oceans North hosted a workshop to advance discussions around ecological significance and conservation in the Pikialasorsuaq area and agreed that this area is threatened by rapid change influenced by internal and external factors, including climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. The ICC emphasized that Inuit who live in the region are best placed to monitor and manage the region. Inuit in both Canada and Greenland maintain strong interest in leading research and conservation in the area. Further, Inuit on both sides of the polynya have expressed a strong desire for increased cooperation to arrive at a common vision for shared resources and Inuit-led management of the area.

In March 2019, the Prime Minister of Canada released a joint statement with Canadian Inuit leaders that committed to working in partnership with the governments of Denmark and Greenland, to advance the sustainable marine management and environmental protection of the Pikialasorsuaq region. In 2020, the QIA committed to working with the Government of Canada to ensure protection of the Canadian portion of Pikialasorsuaq, which they named “Sarvarjuaq”. QIA and the Government of Canada have been working collaboratively with Greenland and Denmark to support international protection for this important ecosystem, while also advancing protection options domestically for Sarvarjuaq.

Establishing the proposed Sarvarjuaq MPA would contribute 1.28% to Canada’s 2025 marine conservation target (MCT) and would advance Canada’s mandate toward increasing Indigenous collaboration on marine conservation.

Very limited commercial fishing activities have taken place to date within the proposed Sarvarjuaq MPA. DFO harvest data (2003–2007) for Sarvarjuaq indicates that Greenland Halibut (Reinhardtius hippoglossoides) is the only species harvested, mainly through bottom contact gear (i.e. trawl); however, commercial shrimp fishing has been authorized in Shrimp Fishing Area 0 (SFA0), which overlaps with the proposed MPA. Active shipping and navigation activities occur around adjacent communities for the purposes of community resupply, bulk transport, subsistence fishing, passenger vessels/tourism, research, and government operations (e.g. ice breaking for safety and security).

A variety of other non-commercial activities are known to take place within the proposed Sarvarjuaq MPA. These classes of activities include hunting, trapping, and harvesting activities, recreation, tourism, and educational activities, filming and media content development, construction of temporary structures on sea ice, navigation and travel, western scientific research and Inuit Qaujimajatuqangitfootnote 1 (IQ), including community-based research and stewardship, national defence activities, and activities carried out by the Canadian Coast Guard.

Figure 1: Map of the proposed Sarvarjuaq MPA

Figure 1. Map of the proposed Sarvarjuaq MPA – Text version below the map

Figure 1: Map of the proposed Sarvarjuaq MPA - Text version

Figure 1 is a map of the location of the Sarvarjuaq Marine Protected Area. The map encompasses a large area east of the Ellesmere Island, in the Nares Strait, starting from the low-water mark and extending east to the limit of Canada’s Exclusive Economic Zone between Canada and Greenland. The boundary of the area is delineated by 5 points either connected by lines or by the low-water mark on the island. The coordinates of each point (latitude north, longitude west) are presented in a table at the left bottom corner of the map and are as follows: point 1 at approximately 76°35′00″ north and approximately 78°07′00″ west, point 2 at 72°46′57″ north and approximately 73°21′27″ west, point 3 at 73°52′16.2″ north and 69°10′52.9″ west, point 4 at 81°42′37″ north and approximately 62°40′53″ west, and point 5 at approximately 81°32′51″ north and 64°32′27″ west. The north arrow appears on the top left corner of the map. The map also depicts a portion of the Arctic Ocean, Greenland and the Baffin Bay.

Objective

The objectives identified for the proposed Sarvarjuaq MPA are

The objective of pursuing a Ministerial Order MPA in Sarvarjuaq is to provide for the initial conservation and protection of this ecologically significant area while DFO and its partners explore long-term protection options for the area, including an IPCA, This Ministerial Order would freeze the footprint of human activities in the area for a period of up to five years. The proposed Order would also provide time for DFO’s research expedition to continue to collect information to support informed long-term decision-making. This approach supports QIA’s regional and integrated approach to conservation for the Qikiqtani Region and seeks to advance reconciliation and promote Inuit self-determination.

Description

The proposed Sarvarjuaq Ministerial Order MPA would establish the boundaries and designate an MPA in the area found in the Nares Strait in Northern Baffin Bay, at the entrance to Smith Sound; extending both North and South along the international boundary between Canada and Greenland.

The proposed Sarvarjuaq Ministerial Order MPA would prohibit any human activity 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 within the designated boundaries, except activities identified below.

Classes of ongoing activities:

Activities under the Nunavut Agreement: The proposed Order would not apply with respect to rights of Inuit as provided for under the Nunavut Agreement.

Public safety: any activity carried out on behalf of His Majesty for the purpose of public safety, national defence, national security, or law enforcement, or in response to an emergency (including environmental emergencies), would be allowed to occur within the MPA by way of the statutory exception provided under subsection 35.1(3) of the Oceans Act, such as emergency search and rescue, response to shipping or aircraft accidents, or national security requirements.

A PDF version of the official description and a map of the boundaries can be found in the Canada Lands Survey Records (CLSR) by entering the following CLSR numbers: description of the Sarvarjuaq MPA (FB44739 CLSR NU), map of the Sarvarjuaq MPA (113360 CLSR NU). The MPA includes the seabed, the subsoil to a depth of five metres and the water column, including the sea ice. The boundaries were put forward by the QIA in their 2022 Prospectus — A Regional Conservation Approach.

A portion of the proposed Sarvarjuaq Ministerial Order MPA is located within the NSA and is subject to the Nunavut Agreement. Other areas of the proposed MPA fall outside of the NSA (i.e. under Zone I). Pursuant to Article 1 of the Nunavut Agreement, Zone I refers to those waters that are north of 61 degrees latitude and subject to Canada’s jurisdiction seaward of the Territorial Sea boundary but are not part of the NSA or another land claim settlement area.

Under a Ministerial Order MPA, the Minister of Fisheries and Oceans would freeze the footprint of activities in the area — 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 — for a period of up to five years. This would mean that activities that have lawfully occurred in the area over the 12 months prior to designation (or that were authorized by a federal or territorial permit, licence, or some other form of express authorization to occur but have not yet taken place) would be allowed to continue for the duration of the Order. For the duration of the Ministerial Order, no new human activities, other than Inuit activities provided for in the Nunavut Agreement, exempted foreign activities, marine scientific research, and activities carried out for purposes of public safety, national defence, national security or law, or in response to emergency situations, provided for under subsection 35.1(3) of the Oceans Act, would be allowed to occur in the area following this proposed designation.

DFO has consulted with partners, communities, Canadians, stakeholders, and other federal departments to identify all existing and authorized (i.e. ongoing) activities in the proposed Sarvarjuaq MPA.

Regulatory development

Consultation

Partnerships

Since 2019, the Government of Canada and QIA have been working together to identify options for the conservation and protection of Sarvarjuaq and other sites within the Qikiqtani Region of Nunavut. In September 2021, a working group was established to advance the conservation and protection of the proposed Qikiqtait and Sarvarjuaq MPAs based on similarities in management partnership and a shared interest in pursuing short-term protection for both areas. This Qikiqtait and Sarvarjuaq Working Group (the Working Group) includes representatives from QIA, the Government of Canada (represented by DFO, ECCC, TC), and the GN. Its main purpose is to support the processes required to seek the establishment of Ministerial Order MPAs under the Oceans Act in the Qikiqtait and Sarvarjuaq study areas. The Working Group also provides awareness and shares information with the IIBA negotiation table as needed, with the objective of working in parallel.

Community consultations

Since 2022, DFO has been working with QIA to understand and implement an approach to community consultations in the Qikiqtani region of Nunavut with the objective of establishing Ministerial Order MPAs in the Qikiqtani Region. QIA has emphasized the need for a holistic approach that reflects regional governance models. As per QIA’s recommendation, consultation included the six communities in closest proximity to Sarvarjuaq: Grise Fiord, Resolute Bay, Arctic Bay, Clyde River, Pond Inlet and Qikiqtarjuaq.

Between October 2023 and June 2024, DFO and QIA conducted community consultations with each of the six communities to present information about the Ministerial Order MPA process, to seek input on the regulatory intent, and to seek information about the uses of the area. The joint community consultation also included presentations from QIA on their vision for the area. GN was present as observers for all community consultations. In each of the six communities, two rounds of meetings were held with the Hunters and Trappers Associations (HTAs), hamlet councils and open-house meetings for members of the broader community. All six communities expressed their support for advancing marine protection in the proposed Sarvarjuaq MPA and for the objectives developed for the area. Communities further voiced their support of continued coordination and collaboration across the Qikiqtani communities and with Greenlandic communities for long-term protection and management of the North Water Polynya as a whole.

In early spring, 2024, DFO visited all six communities to present updates on scientific research in the area. Where possible, school visits and radio presentations were also undertaken to provide information at the request of communities. The information was well received, and communities expressed that they would like to have increased involvement in research efforts moving forward.

Other stakeholders

DFO engaged key stakeholders on the proposed Sarvarjuaq MPA by Ministerial Order in two phases. In July 2024, a letter was sent from all parties of the Working Group (DFO, GN, QIA) seeking stakeholder input on any ongoing activities currently being conducted or planned within the Sarvarjuaq Study Area. Following this first round of engagement, in fall 2024, DFO engaged these same stakeholders on its proposed regulatory intent for a Ministerial Order MPA under the Oceans Act in Sarvarjuaq, seeking comments or input.

The stakeholders engaged in this process were identified in collaboration with Working Group partners and included the following: Nunavut Tunngavik Incorporated, Nunavut Wildlife Management Board (NWMB), Nunavut Water Board, Nunavut Impact Review Board (NIRB), Nunavut Planning Commission (NPC), Qikiqtaaluk Wildlife Board, WWF-Canada, Oceans North, Ecology Action Centre, Arctic Eider Society, Canadian Wildlife Federation, Nunavut Fisheries Association (NFA), relevant stakeholders within the Eastern Arctic Groundfish Stakeholder Advisory Committee (EAGSAC), Northern Shrimp Advisory Committee (NSAC), Prairies and Northern Region-Canadian Marine Advisory Council (PNR-CMAC), Nunavut Eastern Arctic Shipping Inc. (NEAS), Shipping Federation of Canada, Woodward Group of Companies, Association of Arctic Expedition Cruise Operators, Northwest Territories and Nunavut Chamber of Mines, Canadian Association of Petroleum Producers, Travel Nunavut, ArcticNet, Nunavut Research Institute, Amundsen Science, RV William Kennedy, Memorial University, Hudson Bay Consortium, Arctic Security Consultants, Inuit Circumpolar Council (ICC), and Inuit Tapiriit Kanatami (ITK).

Throughout the consultation process, DFO also engaged all implicated federal departments, including (but not limited to) ECCC, TC, Crown-Indigenous and Northern Affairs Canada, Parks Canada, Natural Resources Canada, Canadian Coast Guard, Global Affairs Canada and Department of National Defence.

Modern treaty obligations and Indigenous engagement and consultation

Information on Indigenous engagement and consultation can be found in the above section. As per the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment was conducted on this proposal. The assessment concluded that implementation of this proposal has an extremely low risk of impacts on the rights, interests and/or self-government provisions of Nunavut Agreement Treaty partners. DFO will continue to respect the consultation obligations set out in the Nunavut Agreement as is detailed in this proposal. DFO will also continue to engage QIA, the GN and other governance bodies in the Treaty area on policy and program changes as part of the implementation of the Ministerial Order and subsequent work related to the establishment of longer-term conservation for the area.

Under the Nunavut Agreement, the Government responsible for the establishment of the conservation area is required to negotiate with the Designated Inuit Organization (in this instance QIA), in good faith, for the purpose of concluding an IIBA. On September 22, 2022, the President of QIA wrote a letter to the Minister of Fisheries and Oceans, acknowledging the desire to proceed with MPAs by Ministerial Order for Qikiqtait and Sarvarjuaq, while also seeking agreement to advance the long-term designation of these sites as IPCAs. QIA’s support for Ministerial Order is contingent on a commitment by the Government of Canada to explore putting in place a long-term conservation approach that leads to an IPCA. To that end, an IIBA between the Government of Canada and QIA is currently being negotiated and is expected to be complete prior to the proposed Order coming into force, anticipated in summer 2025. This area will be co-managed with the QIA as per the Nunavut Agreement and the associated IIBA.

This proposal is subject to the requirements specified in the Nunavut Agreement, including the approval of the MPA boundaries by the NWMB, as well as a conformity determination by the Nunavut Planning Commission. Under the Nunavut Agreement, the NWMB is the main Institution of Public Government (IPG) responsible for overseeing wildlife management. It is also the main regulator of access to wildlife in the NSA. A portion of the proposed Sarvarjuaq MPA is located within the NSA and is therefore subject to the Nunavut Agreement. Therefore, the proposal to make this Ministerial Order MPA will be formally submitted to the NWMB for approval: it is expected to be tabled at the NWMB’s spring meeting, following prepublication in the Canada Gazette, Part I. As per the Nunavut Agreement, Nunavut Inuit have also been involved in the decision-making processes for the proposed Sarvarjuaq MPA. Because some areas of the proposed MPA would lie outside the NSA and close to the international boundary between Canada and Greenland, Nunavut Agreement International Legal Obligation provisions may be triggered. The Government of Canada will continue to engage Nunavut Inuit Organizations in any international elements of the proposed Sarvarjuaq MPA.

This Ministerial Order MPA would not apply with respect to the rights of Nunavut Inuit as provided for under the Nunavut Agreement.

Instrument choice

Certain marine activities are currently regulated under provisions of the Fisheries Act, the Species at Risk Act, the Canada Shipping Act, 2001, and other federal legislation. However, existing regulatory mechanisms do not protect the habitats, species, ecological integrity, biodiversity and productivity in the Sarvarjuaq area from threats stemming from new human activities resulting from climatic and environmental change.

The Oceans Act provides the Minister of Fisheries and Oceans the authority to, by way of a Ministerial Order, “freeze the footprint” of human activities in the proposed Sarvarjuaq MPA for up to five years. During this time, no new human activities, other than Inuit activities provided for in the Nunavut Agreement, marine scientific research, and activities carried out for purposes of public safety, national defence, national security or law enforcement, or in response to emergency situations, provided for under subsection 35.1(3) of the Oceans Act, would be allowed to occur in the area following this proposed designation. This will give the Government of Canada and its partners time to continue exploring long-term protection options for the area — including consideration of an IPCA — while still protecting the area.

Regulatory analysis

Benefits and costs

Methodology and data

The socio-economic impacts related to the regulatory initiative are framed around the concept of cost and benefit analysis, regional economic impacts, and the distribution of economic impacts. This approach is consistent with previous analyses undertaken by DFO and is aligned with Treasury Board of Canada Secretariat (TBS) requirements for a regulatory impact analysis. Incremental impacts are estimated over a 5-year time frame to align with the time frame of the Ministerial Order comparing the baseline scenario against the proposed regulatory initiative.

The data used to develop the community profiles around the proposed Sarvarjuaq MPA primarily came from the 2021 Census Community Profiles. Other sources of information and data came from the Government of Canada, GN, industry and corporations, boards, academic researchers and consultants. While a non-exhaustive search of the existing literature provided very limited social, cultural and economic information on the proposed Sarvarjuaq MPA, where appropriate, the report used information available from relevant publicly accessible sources and in the literature as secondary sources of information.

These limitations have been mitigated to some extent through qualitative discussions that illustrate the expected economic and social outcomes. The appropriate remedy for these limitations would be to conduct further research and discussions with communities. Despite data limitations and uncertainties associated with the report, this document provides information which may be found useful for decision making, including the development of regulatory intent.

Baseline economic and policy profile

The economic activities that are currently ongoing in the area were identified based on information from one year prior to the potential establishment of the MPA, as well as any future activities that would be allowed to continue in the proposed Sarvarjuaq MPA.

The baseline takes into account existing federal, provincial and territorial management measures in force in the area. This also reflects the current ongoing human activities, if any, and expansion/growth of activities. An assessment of the activities occurring in the area over the last 12 months indicated that

Costs of establishing the proposed MPA

Due to the comprehensive list of exemptions and allowed classes of ongoing activities described above for the proposed Sarvarjuaq MPA, the proposed marine protections are unlikely to impose any incremental costs to Canadians or industry in the form of foregone revenue or higher costs of operation. Moreover, due to the constitutionally protected Inuit rights under the Nunavut Agreement, there would be no incremental impacts on Inuit communities. Based on this analysis, no major changes to peoples’ way of life or livelihood are anticipated.

NRCan estimates the oil and gas potential for the proposed Sarvarjuaq MPA to be low to medium within the southern portion of the proposed MPA and low to very low in the northern portion of the proposed MPA. To the west, yet outside, of the proposed Sarvarjuaq MPA, on Ellesmere Island, there is a discovery licence covering 4 276 hectares since 1987. Additionally, there is currently a moratorium on new oil and gas exploration in and around the proposed Sarvarjuaq MPA. Due to the limited interest from oil and gas companies to undertake development in the region, absence of infrastructure, and decades of research required to determine if the existing moratorium should be lifted, oil and gas activities are expected to be at least 30–35 years away from potential development. With low probability of oil and gas development and the low level of interest within this region, no incremental costs to the oil and gas sector are envisaged as a result of this proposed MPA.

As the proposed MPA would freeze the footprint of activities in the area for a period of up to 5 years through this proposed Ministerial Order, compliance and enforcement activities would not significantly change from current levels during that time. Occasional costs associated with investigating reports of non-compliance with the proposed Order would likely be limited to isolated and infrequent incidents. These costs would continue to be carried by the federal government and funded through existing resources.

Benefits of establishing the proposed Sarvarjuaq MPA

Preservation (i.e. maintaining at current levels) and increases in benefits from ecosystem services occur over long-term protection; therefore, it is unlikely that direct and indirect ecosystem services will be realized over a five-year time period for Canadians in general and for Indigenous communities that are in close proximity to Sarvarjuaq. Conducting more marine scientific research in the area may provide valuable information that could help inform the type of benefits that may be realized in the long-run.

There are a number of key benefits associated with establishing a Ministerial Order MPA in Sarvarjuaq It would help maximize the resilience of Arctic ecosystems and help maintain critical habitat for a number of important species such as bowhead whales, narwhals and seals. The Order would help limit new pressures on an environment that is already experiencing impacts due to climate change. This initiative and the associated IIBA would help support Inuit leadership, stewardship and self-determination within the Qikiqtani Region, while also conserving ecosystems, wildlife and Inuit culture, and, promoting sustainable employment and economic opportunities for communities.

The efforts taken to protect Sarvarjuaq may also indirectly help to preserve the cultural heritage within or adjacent to the area. Preserving natural and cultural resources would benefit Canadians as they learn about the cultural values that exist within Sarvarjuaq.

Small business lens

The small business lens does not apply, as there are no anticipated incremental costs to small businesses as a result of this proposed Ministerial Order.

One-for-one rule

The proposed Sarvarjuaq MPA regulations would not impose any administrative burden on businesses. Therefore, the one-for-one rule does not apply.

Regulatory cooperation and alignment

In 2018, the G7 published the Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities. In this, the Leaders of the G7, recognizing the need for action in line with previous G7 commitments and the 2030 Agenda, committed to support strategies to effectively protect and manage vulnerable areas of our oceans and resources. As an element of this, the Leaders of the G7 committed to “advancing efforts beyond the current 2020 Aichi Targets, including the establishment of MPAs where appropriate and practicable....” In line with this, Canada continues to advance marine conservation and set targets beyond the 2020 Aichi Target. The 2019 speech from the throne announced Canada’s intention to work towards a new goal of conserving 25% of Canada’s oceans by 2025. The 2019 and 2021 mandate letters to the Minister of Fisheries and Oceans and the Minister of Environment and Climate Change echoed this 25% by 2025 target. The 2021 mandate letters also included an additional target of 30% by 2030, which Canada helped champion into an international goal during the December 2022 United Nations Convention on Biological Diversity (CBD) conference, COP15. At the meeting, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework, which includes the target to conserve at least 30% of coastal and marine areas globally by 2030 (Target 3).

The proposed Sarvarjuaq MPA would contribute an additional 1.28% to Canada’s MCTs.

Effects on the environment

This regulatory initiative for the proposed Sarvarjuaq Ministerial Order MPA fulfills targets and key priorities of the Federal Sustainable Development Strategy (2022–2026) Goal 14 to conserve and protect Canada’s oceans. The proposed Sarvarjuaq MPA contributes to the United Nations 2030 biodiversity goals and targets for Canada with respect to healthy coasts, oceans, and healthy wildlife populations.

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, DFO conducted an overview scan of the proposed Sarvarjuaq MPA and adjacent waters in 2021 to provide a comprehensive synthesis of the unique physical, biological and ecological features that characterize this area and its adjacent waters, as well as known vulnerabilities and knowledge gaps. The scan concluded that a strategic environmental assessment is not required for this proposal as the proposed Sarvarjuaq MPA would freeze the footprint of activities in the area for a period of up to five years which would further enhance the environmental integrity of the area.

This proposal is not likely to result in any form of adverse environmental effects to the area.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been conducted and no GBA+ impacts on any population in communities adjacent to the proposed Sarvarjuaq MPA have been identified for this proposed regulatory initiative.

There are no target people/groups in the associated communities that are expected to be disproportionately impacted by this proposal.

Anticipated benefits of the proposed Sarvarjuaq Ministerial Order MPA include those pertaining to research, ecosystem values, and non-use values associated with conserving the marine ecosystem. The Qikiqtani Project Finance for Permanence initiative will have implications for Inuit-led conservation efforts in the Qikiqtani Region of Nunavut, where the proposed Sarvarjuaq MPA is located.

Anticipated direct impacts on various socio-economic activities in adjacent communities are expected to be negligible given that no restrictions or prohibitions will be placed on the classes of ongoing activities for the five-year period of the Ministerial Order.

No additional compliance barriers would be experienced by any populations in the adjacent communities as a result of this regulation.

No impacts based on gender and other identity factors have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Sarvarjuaq MPA Ministerial Order would come into force upon registration.

To complement the overall direction provided by the Ministerial Order, an MPA management strategy will be developed based on the regulations and conservation objectives, and in accordance with the relevant IIBA. To ascertain whether the proposed MPA’s conservation objectives are being met and to explore options for long-term protection of the area, data collection, research and monitoring, as well as Inuit Qaujimajatuqangit will continue.

This proposed Sarvarjuaq MPA regulation will lead to the establishment of a management committee with partners to guide the management and monitoring of the MPA.

Compliance and enforcement

As the federal authority responsible for the designation and management of the proposed Sarvarjuaq MPA, DFO would have overall responsibility for ensuring compliance and enforcement of this proposed Ministerial Order. These activities would be carried out through DFO’s official mandate and enforcement responsibilities under the Oceans Act, the Fisheries Act, the Coastal Fisheries Protection Act and other legislation related to fisheries conservation and protection, and maritime security.

Because the proposed Ministerial Order would freeze the footprint for up to five years, compliance and enforcement activities would not significantly change from current levels during that time. Monitoring efforts, occurrence reporting, and approaches and strategies to achieve compliance will be outlined in a risk-based enforceable compliance plan.

Enforcement officers designated by the Minister under section 39 of the Oceans Act would enforce the proposed Order. Every person who contravenes the proposed Ministerial Order would have committed an offence and would be subject to the enforcement measures contemplated under section 39.6 of the Oceans Act.

Under section 39.6 of the Oceans Act, any contravention of the Regulations is punishable by a maximum fine of $8,000,000 for a summary conviction offence, and a maximum fine of $12,000,000 for an indictable offence. Violation of permit and licence conditions, applicable to activities in this MPA, may also result in charges under other applicable Canadian legislation, such as the Fisheries Act, the Coastal Fisheries Protection Act, the Species at Risk Act or other applicable laws or regulations.

Contact

Alasdair Beattie
Acting Regional Manager
Marine Planning and Conservation
Fisheries and Oceans Canada, Arctic Region
301-5204 50th Avenue
Yellowknife, Northwest Territories
X1A 1E2
Email: DFO.ArcticMPC-ArctiquePCM.MPO@dfo-mpo.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Fisheries and Oceans proposes to make the annexed Order Designating the Sarvarjuaq Marine Protected Area under subsection 35.1(2)footnote a of the Oceans Act footnote b.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Alasdair Beattie, Acting Regional Manager, Marine Planning and Conservation, Arctic Region, Department of Fisheries and Oceans, 301-5204 50th Avenue, Yellowknife, Northwest Territories X1A 1E2 (email: DFO.ArcticMPC-ArctiquePCM.MPO@dfo-mpo.gc.ca).

Ottawa, December 6, 2024

Diane Lebouthillier
Minister of Fisheries and Oceans

Order Designating the Sarvarjuaq Marine Protected Area

Definitions

1 The following definitions apply in this Order.

Marine Protected Area
means the area of the sea that is designated in section 2. (zone de protection marine)
Nunavut Agreement
means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993 and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made under the agreement. (Accord du Nunavut )

Designation of Marine Protected Area

2 (1) The area of the sea in the Arctic Ocean consisting of a part of the waters of Baffin Bay and Nares Strait — as described in plan number FB44739 CLSR NU, certified on November 1, 2024 and depicted in plan number 113360 CLSR NU, which are both deposited in the Canada Lands Surveys Records — is designated as the Sarvarjuaq 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, including the sea ice, each of which is below the low-water line.

Ongoing activities

3 For the purposes of paragraph 35.1(2)(a) of the Oceans Act, the following classes of activities are ongoing activities in the Marine Protected Area:

Prohibitions

4 (1) It is prohibited in the Marine Protected Area to carry out any activity — other than those that are part of a class of activities set out in section 3 — that disturbs, damages, destroys or removes from the 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.

Exemption

(2) Despite subsection (1), the laying, maintenance and repair of cables and pipelines by a foreign state may be carried out in the Marine Protected Area.

Non-application

5 This Order does not apply with respect to the exercise of rights of the Inuit as provided for in the Nunavut Agreement.

Coming into force

6 This Order comes into force on the day on which it is registered.

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

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The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

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Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that communication by email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

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The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.