Oceans Act (S.C. 1996, c. 31)

Act current to 2013-05-26 and last amended on 2005-10-05. Previous Versions

Oceans Act

S.C. 1996, c. 31

Assented to 1996-12-18

An Act respecting the oceans of Canada

Preamble

WHEREAS Canada recognizes that the three oceans, the Arctic, the Pacific and the Atlantic, are the common heritage of all Canadians;

WHEREAS Parliament wishes to reaffirm Canada’s role as a world leader in oceans and marine resource management;

WHEREAS Parliament wishes to affirm in Canadian domestic law Canada’s sovereign rights, jurisdiction and responsibilities in the exclusive economic zone of Canada;

WHEREAS Canada promotes the understanding of oceans, ocean processes, marine resources and marine ecosystems to foster the sustainable development of the oceans and their resources;

WHEREAS Canada holds that conservation, based on an ecosystem approach, is of fundamental importance to maintaining biological diversity and productivity in the marine environment;

WHEREAS Canada promotes the wide application of the precautionary approach to the conservation, management and exploitation of marine resources in order to protect these resources and preserve the marine environment;

WHEREAS Canada recognizes that the oceans and their resources offer significant opportunities for economic diversification and the generation of wealth for the benefit of all Canadians, and in particular for coastal communities;

WHEREAS Canada promotes the integrated management of oceans and marine resources;

AND WHEREAS the Minister of Fisheries and Oceans, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, is encouraging the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Oceans Act.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“artificial island”

« île artificielle »

“artificial island” means any man-made extension of the seabed or a seabed feature, whether or not the extension breaks the surface of the superjacent waters;

“Department”

« ministère »

“Department” means the Department of Fisheries and Oceans;

“federal laws”

« droit »

“federal laws” includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act  and any other rules of law within the jurisdiction of Parliament, but does not include ordinances within the meaning of the Northwest Territories Act  or laws of the Legislature of Yukon or of the Legislature for Nunavut;

“law”

« droit »

“law”, in respect of a province, includes a law or rule of law from time to time in force in the province, other than federal laws, and the provisions of any instrument having effect under any such law;

“marine installation or structure”

« ouvrages en mer »

“marine installation or structure” includes

  • (a) any ship and any anchor, anchor cable or rig pad used in connection therewith,

  • (b) any offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, dredge, floating crane, pipelaying or other barge or pipeline and any anchor, anchor cable or rig pad used in connection therewith, and

  • (c) any other work or work within a class of works prescribed pursuant to paragraph 26(1)(a);

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans;

“ship”

« navire »

“ship” includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion.

  • 1996, c. 31, s. 2;
  • 1993, c. 28, s. 78;
  • 1998, c. 15, s. 35;
  • 2002, c. 7, s. 223.