To implement the prohibitions contained under the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

Parks Canada Agency is inviting interested stakeholders to comment on the proposed amendments to the Contraventions Regulations to implement the prohibitions contained under the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations.

1. Background

In October 1992, Parliament passed the Contraventions Act to establish an alternative to the summary conviction process set out in Part XXVII of the Criminal Code for prosecuting certain federal offences.  The Act provides that an enforcement authority may issue a ticket to lay an information for a federal offence designated as a contravention by regulations. 
Made pursuant to section 8 of the Act, the Contraventions Regulations identify federal offences that are designated as contraventions, establish a short-form description and set an applicable fine for each of them.  The Contraventions Regulations have been amended numerous times since their coming into force to reflect changes to the enactments that created the offences or to add new contraventions.
The Contraventions Regulations are an essential element for the pursuit of the following three objectives underlying the Act:

  1. to decriminalize certain federal offences;
  2. to ease the courts’ workload; and
  3. to improve the enforcement of federal legislation.

2. The Proposed Modifications

To learn more about the proposed modification, please consult the tableau titled: Contraventions Regulations – Schedule XI Saguenay-St. Lawrence Marine Park Act

The applicable fines would range from $300 to $500, which conforms to the fine structure for offences in national parks.
The Contraventions Act allows an alleged offender to enter a plea and make representations or contest the fines associated with the offence before the court.  Please refer to the Department of Justice Canada Website  to consult the Act.

3. How to participate?

To comment or request information concerning the proposed modifications to the Contraventions Regulations implicating the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations, please send an email before January 18th, 2019 to the following email: leg-reg@pc.gc.ca

It is proposed that Schedule XI to the Contraventions Regulations be amended as follows:

Contraventions Regulations Schedule XI Saguenay-St. Lawrence Marine Park Act

Item number in Schedule XI to the Contraventions Regulations

Provision of the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations designated as a contravention


Proposed fine amount

1.

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

500

 

2.

3(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

500

 

3.

4

The holder of a permit shall ensure that every vessel authorized to operate under the permit is operated in a manner that does not contravene these Regulations

500

New Offense

11(1)(b)

When the ownership of a marine tour business or shuttle service is transferred to another person, any permit in respect of the business or service may be transferred to that other person if the permit holder
(b) obtains the Minister’s approval.

300

New Offense

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

300

New Offense

11.1(4)

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

300

New Offense

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

300

New Offense

11.3(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.

300

New Offense

11.3(3)

The log book shall be presented to a park warden or enforcement officer on request

300

New Offense

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

 

500

New Offense

11.4(2)

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

300

10.

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

300

New Offense

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

300

New Offense

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

500

New Offense

14.4 (a)

It is prohibited, in the park,
(a) to use a personal watercraft, as defined in subsection 1(1) of the Small Vessel Regulations

500

New Offense

14.4 (b)

It is prohibited, in the park,
(b) to use an air cushion vehicle

500

New Offense

14.4 (c)

It is prohibited, in the park,
c) to conduct a water sport activity using a vessel or any other motorized system as a method of traction;

500

New Offense

14.4 (d)

It is prohibited, in the park,
(d) to offer any commercial services related to hunting migratory birds

500

13.

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.

500

14.

15(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

500

15.

15(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

500

New Offense

15(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

500

16.

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

500

New Offense

15.1(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

500

New Offense

15.1(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

500

New Offense

15.1(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

500

17.

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

500

New Offense

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

500

19.

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

500

20.

19

Subject to section 20, no person shall operate a vessel in the park at a speed greater than 25 knots

500

New Offense

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 31 of each year

500

21.

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

500

22.

21(a)

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
(a) operate the vessel at a speed greater than the minimum speed required to manoeuvre the vessel; or

500

23.

21(b)

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
(b) stop or start the vessel, or change its direction, in a repetitive manner

500

24.

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

500

New Offense

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

500

New Offense

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

500

New Offense

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

500

New Offense

25(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

500

New Offense

26(1) (a)

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;

500

New Offense

26(1) (b)

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
(b) more than once in the same observation zone or observation area

500

New Offense

26(2)

Failing to inform all other nearby vessels when the vessel is placed in observation mode, enters or leaves an observation zone or area

500

New Offense

26(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

500