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Oceans Act (Canada)
The Oceans Act (French: Loi sur les océans) is a law enacted by the Parliament of Canada, and addresses Canada's self-definition of its territorial waters, exclusive economic zones, and other maritime boundaries. It additionally governs the creation of marine protected zones, the powers of the Canadian Minister of Fisheries and Oceans, and houses the legislative enactment the Canadian Coast Guard.
Canada has only made formal claims to territorial waters in legislation since 1970, under the Territorial Sea and Fishing Zones Act, which the Oceans Act superseded. The 1970 Act established the Canadian adherence to measuring waters by establishing a shore baseline, and measuring outward, with specific determinations delegated to the Fisheries minister, and was superseded in 1996.
In April 1996, the Act was introduced as Bill C-26 in the House of Commons by the Minister of Fisheries and Oceans, Fred Mifflin, and was identical to another bill, C-98, introduced before a parliamentary prorogation earlier in the 35th Parliament. It passed 130–50 on third reading on October 26, 1996, and received Royal Assent in Mid-December 1996.
The Act was unedited between 2005 and 2014, but received multiple updates during the first term of Justin Trudeau's Ministry.
The Act details responsibilities and powers for the designated minister.
The minister is responsible for creation of a national oceans strategy, a document which outlines how the government will protect oceans while integrating management of the ocean and its sources for economic purposes. It furthermore empowers the minister to make "integrated management plans", plans that deal with more specific elements of the national strategy.
The minister is empowered under Section 35 of the act to create marine protected zones if a marine area meets one of six categories that merit protection, such as for conservation of fisheries, protection of unique habitats, or the protection of other marine resources. This is distinct from the process to create marine conservation areas, which is governed under its own specific act and more closely deals with properties that are owned directly by the government as crown waters.
Under Section 39 of the act, the minister is empowered to hire inspectors to enforce any element of the act or regulations made under the act. Inspectors are empowered demand documents, take samples, open containers, or copy data from any place or ship that may have an effect on the marine ecosystem. Inspectors may seize illegal goods found during inspections, and seized goods, unless found to be unlawfully taken by the courts, are disposed of or forfeited to the crown. Inspectors are empowered to enter private property and travel through private property, but may not enter dwellings without a warrant. Inspectors are allowed to redirect ships, and may impound ships for up to 30 days without a charge being laid. They are also allowed to issue compliance orders.
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Oceans Act (Canada)
The Oceans Act (French: Loi sur les océans) is a law enacted by the Parliament of Canada, and addresses Canada's self-definition of its territorial waters, exclusive economic zones, and other maritime boundaries. It additionally governs the creation of marine protected zones, the powers of the Canadian Minister of Fisheries and Oceans, and houses the legislative enactment the Canadian Coast Guard.
Canada has only made formal claims to territorial waters in legislation since 1970, under the Territorial Sea and Fishing Zones Act, which the Oceans Act superseded. The 1970 Act established the Canadian adherence to measuring waters by establishing a shore baseline, and measuring outward, with specific determinations delegated to the Fisheries minister, and was superseded in 1996.
In April 1996, the Act was introduced as Bill C-26 in the House of Commons by the Minister of Fisheries and Oceans, Fred Mifflin, and was identical to another bill, C-98, introduced before a parliamentary prorogation earlier in the 35th Parliament. It passed 130–50 on third reading on October 26, 1996, and received Royal Assent in Mid-December 1996.
The Act was unedited between 2005 and 2014, but received multiple updates during the first term of Justin Trudeau's Ministry.
The Act details responsibilities and powers for the designated minister.
The minister is responsible for creation of a national oceans strategy, a document which outlines how the government will protect oceans while integrating management of the ocean and its sources for economic purposes. It furthermore empowers the minister to make "integrated management plans", plans that deal with more specific elements of the national strategy.
The minister is empowered under Section 35 of the act to create marine protected zones if a marine area meets one of six categories that merit protection, such as for conservation of fisheries, protection of unique habitats, or the protection of other marine resources. This is distinct from the process to create marine conservation areas, which is governed under its own specific act and more closely deals with properties that are owned directly by the government as crown waters.
Under Section 39 of the act, the minister is empowered to hire inspectors to enforce any element of the act or regulations made under the act. Inspectors are empowered demand documents, take samples, open containers, or copy data from any place or ship that may have an effect on the marine ecosystem. Inspectors may seize illegal goods found during inspections, and seized goods, unless found to be unlawfully taken by the courts, are disposed of or forfeited to the crown. Inspectors are empowered to enter private property and travel through private property, but may not enter dwellings without a warrant. Inspectors are allowed to redirect ships, and may impound ships for up to 30 days without a charge being laid. They are also allowed to issue compliance orders.