LS-322E

TABLE OF CONTENTS

BACKGROUND

DESCRIPTION AND ANALYSIS

   A. Preamble

   B. Title (Clause 1)

   C. Definitions and Interpretation (Clause 2)

   D. Her Majesty (Clause 3)

   E. Marine Conservation Areas and Reserves (Clauses 4 to 7)

   F. Administration of Areas and Reserves (Clauses 8 to 10)

   G. Prohibitions (Clauses 12 to 15)

   H. Regulations (Clauses 16 and 17)

   I. Enforcement (Clauses 18 to 23)

   J. Offences and Punishment (Clauses 24 to 28)

   K. Mitigation of Environmental Damage (Clause 29)

   L. Consequential Amendments (Clauses 31 to 33)

   M. Conditional Amendments (Clauses 34 and 35)

COMMENTARY

APPENDIX

BILL C-48:  AN ACT RESPECTING MARINE CONSERVATION AREAS

BACKGROUND

Bill C-48 was tabled and received first reading in the House of Commons on 11 June 1998. After Second Reading debate on 29 October, 2, 16 and 26 November, and 1 December 1998, the bill was referred to the Standing House of Commons Committee on Canadian Heritage. On 9, 10, 11, 16 and 17 February, and 2 and 11 March, the Committee heard witnesses before proceeding, on 13 April 1999, to cause-by-clause study of the bill.(1) On 15 April 1999, the Parliamentary Secretary to the Minister of Canadian Heritage presented the Committee’s Seventh Report to the House of Commons, including a certain number of proposed amendments.

The purpose of Bill C-48 is to create a network of national marine conservation areas, the marine equivalent of the land-based national parks system. Once completed, the network will be representative of Canada’s 29 marine regions, covering the waters of the Great Lakes; inland waters, including tidal waters; territorial waters; and the 200-nautical-mile exclusive economic zone.

The main objective of establishing marine conservation areas is to protect and conserve marine areas that are representative of the ocean environments of Canada and the Great Lakes and to foster public understanding and appreciation of this marine heritage and use of that heritage in a manner that leaves it intact for future generations.(2)

The bill is not the first initiative the Government of Canada has taken in this area. The National Marine Parks Program, today known as the National Marine Conservation Areas Program, was launched in 1986. In 1988, the National Parks Act(3) was amended to take into account the creation of provisional protected marine areas (Bill C-48 would amend the National Parks Act to remove marine conservation areas from its jurisdiction). The following areas have already been created: Fathom Five National Marine Park in Georgian Bay, Gwaii Haanas National Marine Park Reserve in British Columbia and Saguenay-St. Lawrence Marine Park in Quebec.

In 1994, Parks Canada, in its Policy on National Marine Conservation Areas,(4) called for new legislation and regulations that would take into account the mandate and overall responsibility of the Minister regarding the administration, control and coordinated management of national marine conservation areas in order to protect related marine ecosystems.

The marine conservation areas included in Fathom Five National Marine Park and Gwaii Haanas National Marine Park Reserve would be the first conservation areas to be created and protected under the bill.

Once passed, the bill would not apply to the Saguenay-St. Lawrence Marine Park because separate legislation pertaining to that park is already in force.(5)

DESCRIPTION AND ANALYSIS

   A. Preamble

In the Preamble, the Government of Canada states that the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity. The government undertakes to adopt the precautionary principle; in other words, where there are threats of environmental damage, lack of scientific certainty is not to be used as a reason for postponing preventive measures(6) in situations where the environment could be damaged (clause 9(3)).

The Preamble also refers to some of the needs Parliament wishes to affirm in passing the bill. Parliament would affirm the need to:

• establish a system of marine conservation areas representative of the Atlantic, Arctic and Pacific Oceans and of the Great Lakes, of sufficient extent and such configuration as to maintain healthy marine ecosystems;

• ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas;

• consider implications for ecosystems in the planning and management of marine conservation areas so established;

• provide the opportunity for the people of Canada and the world to understand and appreciate Canada’s natural and cultural marine heritage;

• provide opportunities within marine conservation areas for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities;

• to involve federal and provincial ministers and agencies, affected aboriginal organizations and coastal communities and other persons and bodies, including bodies established under land claims agreements, in the effort to establish and maintain the representative system of marine conservation areas.(7)

   B. Title (Clause 1)

Clause 1 of the bill states that the short title of the proposed Act would be the Marine Conservation Areas Act.

   C. Definitions and interpretation (Clause 2)

Clause 2(1) of the bill gives a number of definitions that would apply to the proposed Marine Conservation Areas Act.

"Enforcement officer" means a person designated under clause 19 or belonging to a class of persons so designated. This clause would allow the Minister of Canadian Heritage to designate as an enforcement officer any federal government employee or any employee of a provincial, municipal or local authority whose duties would include monitoring the application of legislation. The role of such officers would be to ensure compliance with certain provisions of the proposed Act or regulations in specific marine conservation areas. To carry out that role, they would enjoy the same powers and protection under the law as do peace officers under the Criminal Code(8) (see clause 19).

In the bill, "marine conservation area" means an area named and described in Schedule 1. Clause 4(1) expands on that definition: "Marine conservation areas are established in accordance with this Act for the purpose of protecting and conserving representative marine areas and for the benefit, education and enjoyment of the people of Canada and the world."

"Superintendent" means a person appointed under the Public Service Employment Act(9) who holds the office of superintendent of a marine conservation area or any other person authorized by that person to act on his or her behalf. Clause 15 states that the superintendent could, in accordance with the regulations, issue permits and other authorizing instruments for activities in the marine conservation area, apart from licences issued under the Fisheries Act (clause 15(3)). According to clause 34(2)(a) of Bill C-48, if Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence,(10) is assented to, the definition of "superintendent" in Bill C-48 would be amended when either Bill C-48 or section 55 of the Parks Canada Agency Act came into force, whichever was later. The latter came into force on 1 April 1999. Thus, the new definition would be:

"superintendent" means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf.

"Ecosystem" means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit.

"Marine conservation area warden" means a person designated under clause 18. Clause 18 would empower the Minister of Canadian Heritage to designate persons whose duties would include enforcement of the proposed Marine Areas Conservation Act to be marine conservation area wardens (the corresponding term in national parks is "park warden"). Marine conservation area wardens would enforce the Act and the Regulations in Canada and in Canada’s exclusive economic zone and would preserve and maintain the public peace in marine conservation areas, except in any portion of them situated within Canada’s exclusive economic zone. To perform these duties, they would be peace officers within the meaning of the Criminal Code. They would be appointed under the Public Service Employment Act.

"Dump" would have the same meaning as "dumping" in section 66 of the [current] Canadian Environmental Protection Act,(11) read as if references in that section to the sea were references to marine conservation areas.

Under clause 35 of Bill C-48, when Royal Assent is given to Bill C-32, An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development (CEPA),(12) the term "dump" in clause 2(1) of the English version of Bill C-48 would be repealed and the term "dispose" would have the same meaning as "dispose" in section 122 of the Canadian Environmental Protection Act (1999), with references to the sea read as being references to marine conservation areas. Thus, on the coming into force of either Bill C-48 or section 122 of the Canadian Environmental Protection Act (1999), whichever came later, the term would be defined as follows:

"disposal" means

(a) the deliberate disposal of a substance at sea from a ship, an aircraft, a platform or another structure;

(b) the deliberate disposal of dredged material into the sea from any source not mentioned in paragraph (a);

(c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure;

(d) the disposal of a substance by placing it on the ice in an area of the sea;

(e) the deliberate disposal at sea of a ship or aircraft; and

(f) the deliberate disposal or abandonment at sea of a platform or another structure;

but does not include

(g) a disposal that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,

(h) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,

(i) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or

(j) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources.

"Minister" means the Minister of Canadian Heritage, and "fishing" has the meaning given to that expression in the Fisheries Act,(13) that is, "fishing for or catching or killing fish by any method."

"Reserve" means a reserve named and described in Schedule 2 of the bill. Clause 4(2) expands on this definition, stating that reserves for marine conservation areas would be established for the purpose referred to in clause 4(1) when an area or a portion of an area was subject to a claim by aboriginal people that had been accepted for negotiation by the Government of Canada under its comprehensive land claims policy. It is important to bear in mind that, under clause 30, the Marine Areas Conservation Act would apply to such reserves as if they were marine conservation areas.

"Public lands" means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not subject to the terms of any agreement between the Government of Canada and the government of a province. This definition is slightly different from the definition given in section 2 of the National Parks Act.(14)

Under clause 35, other amendments would be made to clause 2(1) of Bill C-48 once either that bill or section 122 of Bill C-32 (the Canadian Environmental Protection Act (1999)) came into force, whichever was later. Those amendments would be as follows:

• the definition of "dump" in the English version would be repealed;

• the following definition of "déchets ou autres matières" would be added to the French version: "Déchets ou autres matières mentionnés à l’annexe 5 de la Loi canadienne sur la protection de l’environnement (1999)";

• the definition of "waste or other matter" would be added to the English version;

• the definition of "dispose" would be added to the English version [note that the term "dispose" used in Bill C-48 may be incorrect as the term "disposal" is used in section 122 of the Canadian Environmental Protection Act (1999).

Clause 2(2), on protection of aboriginal peoples’ rights, was added by the Standing Committee on Canadian Heritage during clause-by-clause study, by means of an amendment moved by the government party in response to recommendations made by the Nunavut Wildlife Management Board, Nunavut Tunngavik Inc. and the Canadian Parks and Wilderness Society.

   D. Her Majesty (Clause 3)

Clause 3 states that the Act would be binding on Her Majesty in right of Canada or of a province, which means that both the federal Crown and any provincial Crown would be subject to the Act.

   E. Marine Conservation Areas and Reserves (Clauses 4 to 7)

Clause 4 sets out the objectives of creating marine conservation areas and reserves. Clause 4(3) states that such areas and reserves would have to be managed and used in a sustainable manner that meets the needs of current and future generations without compromising the structure and function of the ecosystems, including submerged lands and water columns, with which they are associated. Clause 4(4) deals with zones: marine conservation areas would have to include zones that fostered and encouraged ecologically sustainable use of marine resources as well as zones that fully protected special features and fragile ecosystems.(15)

Clause 5 would empower the Governor in Council to amend Schedule 1 by order to add the name and a description of an area or to alter the description of an area; however, such an amendment could not reduce (see clause 5(3)) a marine conversation area (clause 5(1)). To make such an amendment, the Governor in Council would have to be satisfied, among other things, that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands, excluding any such lands situated within Canada’s exclusive economic zone (clause 5(2)(a)).(16)

Clause 6 sets out the same authority and the same restrictions for marine conservation reserves, except that it deals with amendments to Schedule 2.

Clause 7 states that before an amendment was made pursuant to clauses 5 and 6, the Governor in Council would have to lay the proposed amendment before each House of Parliament together with a report on the proposed marine conservation area or reserve containing information on consultations held and agreements reached as well as an interim management plan.(17) The proposed amendment and report would be referred to the committee of each House that normally considers matters relating to marine conservation areas or to such other committee as that House might designate (clause 7(1)). Any committee that opposed the amendment would within 21 sitting days, have to present the House with a report rejecting the amendment. Clauses 7(2) and (3) sets out the procedure for debating the report. If no report was presented within the prescribed time frame or the report was rejected, the amendment would be made (clause 7(4)). However, if either House disapproved the amendment, the amendment could not be made (clause 7(5)).

   F. Administration of Areas and Reserves (Clause 8 to 10)

Clause 8 states that the Minister would be responsible for marine conservation areas and reserves in relation to matters not assigned to any other department (clause 8(1)). The Minister would be responsible for the management of public lands (clause 8(2)). The Minister could maintain and operate facilities and carry out operations and activities to achieve the purposes of the proposed Act; could conduct scientific research and monitoring, and studies based on traditional — aboriginal and non-aboriginal — ecological knowledge (clause 8(3))(18) and enter into agreements with departments, agencies or organizations (clause 8(4)).(19)

Clause 9 would require the Minister to prepare a management plan within five years after establishment of a marine conservation area or reserve, in consultation with any parties that the Minister considered appropriate. The plan would have to deal with the protection of ecosystems, the terms of use by visitors, and zoning and it would have to be tabled in each House of Parliament (clause 9(1)). Some provisions in the plan pertaining to specific matters would be subject to agreement between the Minister and the Minister of Fisheries and Oceans (clause 9(4)).

Under clause 9(2), the management plan would have to be reviewed by the Minister every five years and, whether or not changes were made, would have to be laid before each House of Parliament.

Clause 9(3) states that the primary considerations in developing and amending the management plan would be ecosystem management and the precautionary principle (see Preamble) in order to protect marine ecosystems and maintain marine biodiversity.

Clause 10(2) would require the Minister to have tabled in each House of Parliament every two years a report on the state of existing marine conservation areas and measures taken to establish a network representative of marine conservation areas.

Clause 10(1) would require the Minister to provide opportunities for consultation with any parties that the Minister considered appropriate in the development of marine conservation area policy and the modification of marine conservation areas. The Minister should also provide opportunities for consultation on any other matters that he or she considered appropriate. The clause contains a partial list of the parties that could be consulted (federal and provincial ministers and agencies, affected coastal communities, aboriginal organizations and bodies established under land claims agreements).(20)

Clause 11(1) would require the Minister to establish a management advisory committee for each marine conservation area. The committee would advise the Minister on the formulation, review and implementation of the management plan.

Clause 11(2) would empower the Minister to establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

Clause 11(3) would require the Minister to consult with such ministers or agencies of the Government of Canada or a province or other persons or bodies as he or she considered appropriate with respect to the composition of the advisory committees referred to in clause 11(1) and (2).

   G. Prohibitions (Clauses 12 to 15)

Clauses 12, 13 and 14 set out a number of prohibitions regarding marine conservation areas. No one would be allowed to:

• dispose of, use or occupy public lands in a marine conservation area except as permitted by the Marine Conservation Areas Act (clause 12);

• explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter (clause 13);

• dump any substance into the waters of a marine conservation area except as authorized (clause 14(1)):

• by a permit issued by a superintendent of a marine conservation area;

• because it was necessary to avert danger to human life at sea or to any ship, aircraft, platform or other anthropogenic structure pursuant to sections 67 and 68 of the [current] Canadian Environmental Protection Act;

• by a permit issued by the Minister of the Environment pursuant to section 71 of the [current] Canadian Environmental Protection Act and with the concurrence of the Minister (clause 14(2)).

Under clause 35(e), since Bill C-32 has been assented to, clause 14 of Bill C-48 would be replaced, on the coming into force of either Bill C-48 or section 122 of the Canadian Environmental Protection Act (1999), whichever was later, so as to refer to the new sections of the new Act, with essentially the same effect as sections 67, 68 and 71 of the [current] Canadian Environmental Protection Act.

   H. Regulations (Clauses 16 and 17)

Clause 16 would empower the Governor in Council to make regulations for the control and management of any or all marine conservation areas. Such regulations would have to be consistent with international law and could cover:

• ecosystems and cultural, historical and archaeological resources;
• renewable resource harvesting activities;
• zoning;
• the use of facilities;
• permits, leases and servitudes;
• fees and rates;
• public safety;
• aircraft flights;
• scientific research; and
• the dumping of substances.

Under clauses 16(2), (3) and (4), certain regulations pursuant to clause 16(1) would have to be made on the recommendation of the Minister and, depending on the nature of the regulations, another minister, who might be the Minister of Fisheries and Oceans or the Minister of Transport. Such regulations would take precedence over the regulations made under other Acts listed in sub-clause (5).

Clause 16(6) would empower the Governor in Council to make regulations to regulate aboriginal activities. However, this could not be done until the aboriginal organizations had been consulted.

Clause 16(7) would empower the Governor in Council, in regulations made under clause 16, to authorize the superintendents of marine conservation areas to vary the requirements set out in the regulations in the circumstances described and to the extent determined by the superintendents. Would such variances reduce or increase the requirements? In this connection, it is interesting to note that section 17(j) of the Saguenay-St. Lawrence Marine Park Act states that the Governor in Council may make regulations:

authorizing the superintendent to prohibit or restrict activities that may be undertaken in park zones under paragraph (g) or to close park zones or prohibit access to those zones, despite any regulation made under this Clause, in order to protect park ecosystems and elements of park ecosystems.

Section 5(10) of the National Parks Act, notwithstanding subsection 5(9), which states that the Minister may not authorize activities likely to compromise the conservation of a wilderness area, empowers not the superintendent of a park, but rather the Minister, to authorize the necessary activities in wilderness areas for certain purposes only.(21)

Under clause 35(f), since Bill C-32 has been assented to, clause 16(1)(l) of Bill C-48 would, on the coming into force of that bill or the coming into force of section 122 of the Canadian Environmental Protection Act (1999), whichever was later, be amended so as to refer to section 125(1) rather than section 67 of the [current] Canadian Environmental Protection Act.

Clause 17 would empower the Governor in Council to exempt, by order, a movement of a ship or aircraft from any provision of the regulations. This could be done only on the recommendation of the Minister and the federal minister having responsibility in relation to the movement and if the Governor in Council was satisfied that the exemption was necessary in the interests of Canadian sovereignty or security for the conduct of any maritime activity that was consistent with the purposes of the Marine Conservation Areas Act.

   I. Enforcement (Clauses 18 to 23)

Clauses 18 to 23 deal with enforcement of the Act by marine conservation area wardens and enforcement officers. Clauses 18 and 19 have been dealt with above in the definition of "marine conservation area warden" and "enforcement officer."

Under clauses 20(1) and (2), marine conservation area wardens and enforcement officers, before taking up their duties, would have to take an oath prescribed by the Minister. Marine conservation area wardens and enforcement officers would be given a certificate of designation specifying the provisions of the Act or the Regulations they were empowered to enforce and the areas in which that power applied.

Marine conservation area wardens and enforcement officers would have the power to:

• enter on and pass through or over private property (clause 20(3));

• arrest any person without a warrant, in accordance with the Criminal Code, in specific circumstances (clause 21);

• in or outside a marine conservation area (or reserve), enter and search any place in accordance with a warrant issued by a justice of the peace under certain conditions or without a warrant if the urgency of the situation made it difficult to obtain a warrant (clause 22);(22)

• dispose of or destroy any perishable seized thing (clause 23(3)).

Clauses 23(1) and (2) would establish the rules applicable to seized goods. Other rules governing seizure are set out in clauses 25 and 26. No such rules appear in the Saguenay-St. Lawrence Marine Park Act and that the rules in Bill C-48 are different from those set out in section 8(3) of the National Parks Act.(23)

   J. Offences and Punishment (Clauses 24 to 28)

Clauses 24 to 28 deal with offences and punishment. A contravention of the Marine Conservation Areas Act or the Regulations or a condition of a permit or other authorizing instrument would bring a maximum fine of $100,000 for an offence punishable on summary conviction and $500,000 for an indictable offence (clause 24(1)). A court could also order the forfeiture of any seized things (clause 25(1)) and order the person to refrain from carrying on certain activities, to repair any damage caused, etc. (clause 27(1)).

The Saguenay-St. Lawrence Marine Park Act (section 20(1)) sets different fines for persons and corporations. The maximum fine is $10,000 for a person and $100,000 for a corporation for an offence punishable on summary conviction and $20,000 for a person and $500,000 for a corporation for an indictable offence.

   K. Mitigation of Environmental Damage (Clause 29)

Clause 29 sets out a number of obligations in the event that a substance harmful to the environment was discharged or deposited. The person responsible for the substance and the person who discharged or deposited it or contributed to the discharge or deposit would be required to take "reasonable measures" to prevent or mitigate the degradation of or potential risk to the environment (clause 19(1)). The Minister could order the responsible party to take measures in the event of failure to act (clause 29(2)) unless such measures could be taken under other Acts listed in clause 29(4). If the responsible party failed to comply, the Minister could order that the measures be taken in the name of Her Majesty in right of Canada (clause 29(2)). The responsible party would then be required to assume the reasonable costs incurred, which would constitute debts to Her Majesty (clause 29(3)).

Section 8(1.4) of the National Parks Act (French version) uses the phrase "mesures indiquées" rather than "mesures utiles," which appears in clauses 29(1) and (2) of Bill C-48 (French version). Should this change in terminology be interpreted as a change in law? It is interesting to note that the term "reasonable measures" used in the English version of clause 29(1) is the one used in the English version of section 8(1.4) of the National Parks Act.

Under clause 35(g), since Bill C-32 has been assented to, clause 29(4) would, on the coming into force of Bill C-48 or of section 122 of the Canadian Environmental Protection Act (1999), whichever was later, be amended to refer to the 1999 Act rather than to the [current] Canadian Environmental Protection Act.

   L. Consequential Amendments (Clauses 31 to 33)

Clause 31 would amend section 4(2)(e) of the Department of Canadian Heritage Act(24) to replace the term "national marine conservation areas" with "marine conservation areas."

Clause 32 would amend the definition of "park" in the National Parks Act by eliminating the words "or national marine park." It should be noted that Schedule 1 of the National Parks Act still does not give a description of a national marine park.

Clause 33 would repeal or amend provisions still in force despite the coming into force of the Revised Statutes of Canada 1985(25) and the 4th Supplement to the Revised Statutes of Canada 1985(26) but not included in the new National Parks Act.

   M. Conditional Amendments (Clauses 34 and 35)

In addition to the conditional amendments to Bill C-48 already discussed, clause 34(1) states that if Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence, receives assent, a number of amendments would be made to Bill C-29 on the coming into force of either Bill C-48 or of clause 2 of Bill C-29, whichever was later. Specifically, marine conservation areas would, pursuant to those amendments, be given the same consideration as national parks, national historic sites and other heritage sites.

COMMENTARY

1. Identification of a potential representative marine area, on the basis of the stipulated criteria (Policy 1.1.1).
2. Selection of a potential marine conservation area, in consultation with provincial and territorial governments, other public bodies, non-governmental organizations and the interested public (Policy 1.2.4).
3. Feasibility study on creating a marine conservation area (two stages). First, consultation with other federal departments and agencies and provincial and territorial governments (Policy 1.3.1). Second, discussion with local communities and affected user groups (Policy 1.3.2).

In Bill C-48, this stage is described as follows: consultation by the Minister with parties of his/her choice (in particular, federal and provincial ministers and agencies, affected coastal communities and aboriginal organizations) on the establishment [and later the modification] of a marine conservation area (C-48, cl. 10(1)).

4. Development of an agreement on establishing a marine conservation area through agreements with concerned provincial or territorial governments, federal departments and agencies and aboriginal organizations as appropriate (Policy 1.4.1).
5. Preparation of: a proposal to amend Schedules 1 or 2, a report, an interim management plan and a zoning plan (Policy 1.4.8; C-48, cl. 7(1)).
6. Tabling to both Houses of Parliament of the proposed amendment, the report, the interim management plan and the zoning plan (C-48, cl. 7(1)).
7. Review of the proposal (optional) by a committee of the House of Commons and/or of the Senate (C-48, cl. 7(1)).
8. Reporting of disapproval by the committee, if applicable, within 20 sitting days (C-48, cl. 7(2)).
9. Motion to concur in the report, three-hour debate (maximum) and vote (C-48, cl. 7(2) and (3)).
10. Creation by the Governor in Council of a marine conservation area (C-48, cl. 5(1)), by order amending Schedule 1 (or Schedule 2 in the case of a reserve), if no motion to concur in a report disapproving of such creation has been tabled within 21 sitting days or if the motion to concur in such a report has been rejected (C 48, cl. 7(4)).
11. Preparation of a management plan within five years after a marine conservation area is established and in consultation with parties of the Minister’s choice, in particular federal and provincial ministers and agencies and affected coastal communities and aboriginal organizations (C-48, cl. 9(1)).
12. Establishment by the Minister of a management advisory committee to advise him/her on the formulation, review and implementation of the management plan for the area (C-48, cl. 11(1)) [in consultation with the federal or provincial ministers or agencies or other persons or bodies the Minister considers appropriate with respect to the composition of advisory committees (C 48, cl. 11(3))].
13. Tabling of the management plan, with any amendments, to both Houses of Parliament (C-48, cl. 9(2)).
14. Review by the Minister every five years of each marine conservation area’s management plan (C-48, cl. 9(2)).

(2) Canadian Heritage, "Tabling of Bill on Marine Conservation Areas," press release, Ottawa, 11 June 1998, and "Marine Conservation Areas," fact sheet.

(3) R.S.C. 1985, c. N-14.

(4) This policy is included in: Parks Canada, Parks Canada Principles and Management Policies, Canadian Heritage, 1994, and is accessible electronically at the following Internet address: http://parkscanada.pch.gc.ca/library/PC_Guiding_Principles/PARK60_e.htm.

(5) Saguenay Marine Park Act, S.C. 1997, c. 37, and An Act respecting Saguenay-St. Lawrence Marine Park, S.Q. 1997, c. 16.

(6) In the French version of Bill C-48, reprinted as amended by the Standing Committee on Canadian Heritage as a working copy (reported on 15 April 1999), the word "efficientes" appears erroneously. It is important to note that the precautionary principle is described differently in the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33. According to paragraph 2(1)(a), the precautionary principle consists of the following: "where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." Note that the two versions seem to be different. In French, the adjective "effective" is used, whereas in English, "cost-effective" is used.

(8) R.S.C. 1985, c. C-46.

(9) R.S.C. 1985, c. P-33.

(10) 1st Session, 36th Parliament, 5 February 1998. Bill C-29 received Royal Assent on 3 December 1998: Parks Canada Agency Act, S.C. 1998, c. 31.

(11) S.C. 1988, c. 22.

(12) 1st Session, 36th Parliament, 12 March 1998. Bill C-32 received Royal Assent on 14 September 1999: Canadian Environmental Protection Act (1999), S.C. 1999, c. 33.

(13) R.S.C. 1985, c. F-14.

(14) The National Parks Act defines "public lands" as "lands belonging to Her Majesty in right of Canada or of which the Government of Canada has, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, power to dispose, including any waters on or flowing through, and the natural resources of, those lands."

(a) park administration;

(b) public safety;

(c) the provision of basic user facilities including trails and rudimentary campsites;

(d) the carrying on of traditional renewable resource harvesting activities authorized pursuant to subsection (7) or any other Act of Parliament; or

(e) access by air to remote parts of such areas.

(22) Clause 22(3) is similar to section 19(3) of the Saguenay-St. Lawrence Marine Park Act and section 8(2.2) of the National Parks Act. However, the latter Act contains section 8(2.3), which reads, "For the purposes of subsection (2.2), exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (2.1) would result in danger to human life or safety or the loss or destruction of evidence."

(23) Section 8(3) of the National Parks Act reads, "Where any chattel is seized under this Act, the chattel shall, without undue delay, be taken before a magistrate or two justices of the peace who, on satisfactory proof that the chattel was in possession or used contrary to this Act, or used in connection with the commission of any offence under this Act or the regulations, may order the chattel to be forfeited to Her Majesty, or, in the case of timber, trees, hay or minerals, to be held for such time as may be deemed proper, pending payment of any fine in lieu of forfeiture."

(24) S.C. 1995, c. 11.

(25) When the Revised Statutes of Canada 1985 came into force, the Act to amend the National Parks Act was repealed with the exception of subsections 10(1), 10(2)(a)(b) [French version only], 10(2) [English version only] and 10(3), Section 11, paragraphs, and Schedule 5.

(26) When the 4th Supplement to the Revised Statutes of Canada 1985 came into force, the Act to amend the National Parks Act and the Act to amend the National Parks Act was repealed with the exception of sections 12 to 17 and Schedule 3.