Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations (SOR/2002-76)

• 7.2 (1) The Minister may amend any condition of a permit to fulfil the objectives set out in paragraphs 7(a) to (d).

• (2) A notice of the amendment shall be sent to the permit holder and the amendment is effective on the day after

  • (a) the day recorded by the park administration’s server as the day on which the notice is sent, if the permit holder consents to receiving it by electronic means;

  • (b) the day recorded by the park administration’s fax machine as the day on which the notice is sent, if the permit holder consents to receiving it by fax;

  • (c) the day on which the notice is received, if it is sent to the permit holder by registered mail; or

  • (d) the day on which the notice is received by the permit holder, if it is delivered personally.

• (3) The notification is part of the permit and the permit holder shall attach it to the permit on receipt.

Suspension and Cancellation of Permits

• 8 (1) The grounds for the suspension of a permit by the Minister under section 10 of the Act are the following:

  • (a) the holder of the permit has failed to comply with a condition specified in the permit;

  • (b) there are reasonable grounds to believe that the permit holder has contravened these Regulations, the Act or any other applicable Acts or regulations; or

  • (c) the holder of the permit has failed to inform the Minister of any change in the information provided in the application for the permit.

• (2) The grounds for the reinstatement of a permit by the Minister under section 10 of the Act are the following:

  • (a) the breach that led to the suspension has been corrected;

  • (b) a period of 30 days has elapsed since the date of the suspension and proceedings in respect of the alleged contravention were not instituted before the end of that period; or

  • (c) the permit holder has been found not guilty of contravening these Regulations.

• (3) The grounds for the cancellation of a permit by the Minister under section 10 of the Act are the following:

  • (a) the permit holder has been found guilty of contravening these Regulations; or

  • (b) except where the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended three times during the period for which it was issued.

• (3.1) The Minister shall not cancel a permit without first giving the permit holder an opportunity to be heard.

• (4) The holder of a permit that has been suspended is not eligible to be issued any permit during the suspension period.

• (5) The holder of a permit that has been cancelled is not eligible to be issued any permit during the 12-month period following the date of the cancellation.

Transfer and Expiry of Permits

9 No person shall transfer a permit except in accordance with section 11.

10 A permit expires on the earliest of

• (a) the expiry date stated in the permit, including any instance when the ownership of a marine tour business or a shuttle service is sold or otherwise transferred to another person, if the permit in respect of that business or service, as the case may be, is transferred in accordance with section 11,

• (b) the date of cancellation, if any, of the permit, or

• (c) where the ownership of a marine tour business or shuttle service is sold or otherwise transferred to another person, the date of that transfer, if the permit in respect of that business or service, as the case may be, is not transferred to that other person in accordance with section 11.

• 11 (1) 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

  • (a) notifies the Minister, in writing, of

    • (i) the name and contact information of the person to whom the permit is to be transferred,

    • (ii) the proposed date of the transfer,

    • (iii) any change in the name of the business or the name and registration or listing number of the vessel to be operated by the new permit holder under the permit after the transfer, and

    • (iv) any changes in any other information that was provided under subsection 6(1) in the application for the permit; and

  • (b) obtains the Minister’s approval.

• (2) The Minister shall approve the transfer of the permit if the proposed changes will not affect the conditions of the permit.

Marine Activities Certificate

• 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.

• (2) The Minister shall issue a certificate to an operator or guide who has passed a training course approved by the Minister. The operator or guide shall pass an annual examination to renew the certificate.

• (3) The operator or guide shall pay the applicable fee for the certificate as fixed by the Minister under section 24 of the Parks Canada Agency Act.

• (4) The operator or guide shall carry the certificate at all times when engaged in the activities referred to in the permit.

Suspension and Cancellation of Certificate

• 11.2 (1) The ground for suspension of a marine activities certificate by the Minister under section 10 of the Act is that there are reasonable grounds to believe that the operator or guide has contravened the Act, these Regulations or other applicable Acts or regulations.

• (2) The grounds for cancellation of a certificate by the Minister under section 10 of the Act are

  • (a) that the operator or guide has been convicted three times of contravening the Act, these Regulations or other applicable Acts or regulations; or

  • (b) that the certificate has been suspended three times.

• (3) The Minister shall not issue a certificate to an operator or guide whose certificate has previously been cancelled.

• (4) The Minister shall not cancel a certificate without first giving the operator or guide an opportunity to be heard.

Log Book

• 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.

• (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.

• (3) The log book shall be presented to a park warden or enforcement officer on request.

Equipment

• 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.

• (2) The GPS and radar shall be in good working order and shall be turned on when the vessel is in operation.

Flag

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.

Identification

• 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.

• (2) The Minister shall approve the sign if it clearly identifies the business.

Prohibited Conduct and Controlled Activities

Disturbance of Marine Mammals

• 14 (1) No person shall engage in behaviour in the park that may kill or injure a marine mammal or cause the disturbance of a marine mammal.

• (2) Disturbance of a marine mammal includes, but is not limited to, the following activities:

  • (a) feeding or touching a marine mammal;

  • (b) entering the water with the intention of swimming or otherwise interacting with marine mammals;

  • (c) playing whale songs or calls, or making any other noise that may resemble whale songs or calls, under water;

  • (d) separating members of a group of marine mammals or going between an adult marine mammal and its calf;

  • (e) trapping a cetacean or group of cetaceans between a vessel and the shore or between a vessel and other vessels; and

  • (f) any undue interruption, alteration or disruption of the normal behaviour of a marine mammal, in particular its social, swimming, breathing, diving, resting, feeding, nursing or reproductive behaviour.

• (3) Subsection (1), in respect of behaviour that may injure or cause the disturbance of marine mammals, does not apply to a person conducting scientific research involving marine mammals under a scientific research permit if the injury or disturbance is necessary for the research.

• (4) The operator of a vessel that is involved in an incident in which a marine mammal is killed or injured or that collides with a marine mammal shall report the incident immediately to a park warden or an enforcement officer and provide the following information:

  • (a) the name of the operator and contact information that would permit prompt communication;

  • (b) the location, date and time of the incident;

  • (c) the species involved;

  • (d) the circumstances of the incident;

  • (e) the condition of the animal before and after the incident, if known;

  • (f) the animal’s direction of travel after the incident;

  • (g) the weather and sea conditions; and

  • (h) any other relevant information.

Temporary Exclusion Area

14.1 The Minister shall establish a temporary exclusion area if it is necessary for

• (a) the protection, control or management of the park;

• (b) the protection of ecosystems or any elements of ecosystems, in the park;

• (c) the protection of the cultural resources submerged in the park; or

• (d) the protection, health or safety of the public in the park.

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.

• 14.3 (1) The Minister shall determine the geographic limits of the temporary exclusion area.

• (2) The Minister shall determine the period during which the temporary exclusion area will remain in force, the duration of which shall not exceed 60 days.

• (3) The Minister may establish further periods not exceeding 60 days each if it is necessary for the reasons set out in section 14.1.

• (4) The Minister shall, as soon as feasible, have the Department of Fisheries and Oceans communicate in a Notice to Shipping or a Notice to Mariners, the decision to establish the temporary exclusion area and the decisions made under subsections (1) to (3). The Minister shall also communicate by fax or other electronic means the same to all permit holders and any marinas from which vessels may navigate into the park and post notices in conspicuous places where the notices are most likely to come to the attention of any person who will enter the area.

• (5) The temporary exclusion area exists as of the time that the decision establishing it is communicated.