Order No. 2 Designating the Tuvaijuittuq Marine Protected Area (SOR/2024-165)

Whereas this Order designates the Tuvaijuittuq Marine Protected Area in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament;

Therefore, the Minister of Fisheries and Oceans makes the annexed Order No. 2 Designating the Tuvaijuittuq Marine Protected Area under subsection 35.1(2)Footnote ^a of the Oceans ActFootnote ^b.

• Return to footnote ^aS.C. 2019, c. 8, s. 5

• Return to footnote ^bS.C. 1996, c. 31

Ottawa, July 22, 2024

La ministre des Pêches et des Océans, Diane Lebouthillier Minister of Fisheries and Oceans

Definitions

Marginal note:Definitions

1 The following definitions apply in this Order.

Agreement

Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993, and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made pursuant to the agreement. (Accord)

Marine Protected Area

Marine Protected Area means the area of the sea that is designated in section 2. (zone de protection marine)

Marginal note:Marine Protected Area

• 2 (1) The area of the sea in the Arctic Ocean consisting of the waters off northern Ellesmere Island, as described in plan number FB42596, certified on July 16, 2019 and depicted in plan number CLSR 108395, which plans are deposited in the Canada Lands Surveys Records, is designated as the Tuvaijuittuq Marine Protected Area. 

• Marginal note:Seabed, subsoil and water column

  (2) The Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column, including the sea ice, each of which is below the low-water line.

Marginal note:Ongoing activities

3 For the purposes of paragraph 35.1(2)(a) of the Oceans Act, the following classes of activities are ongoing activities in the Marine Protected Area:

• (a) national defence activities carried out by the Department of National Defence; and

• (b) marine scientific research activities.

Marginal note:Prohibitions

• 4 (1) It is prohibited in the Marine Protected Area to carry out any activity — other than those set out in paragraphs 3(a) and (b) — that disturbs, damages, destroys or removes from the Marine Protected Area any unique geological or archeological features or any living marine organism or any part of its habitat, or is likely to do so.

• Marginal note:Exemption

  (2) Despite subsection (1), the following activities may be carried out in the Marine Protected Area:

  • (a) marine navigation by a foreign national, foreign ship or foreign state or an entity incorporated or formed by or under the laws of a country other than Canada; and

  • (b) the laying, maintenance and repair of cables and pipelines by a foreign state.

Marginal note:Non-application – Nunavut Agreement

5 This Order does not apply with respect to the wildlife harvesting rights of the Inuit as provided for in the Agreement.

Repeal

6 The Order Designating the Tuvaijuittuq Marine Protected AreaFootnote ¹ is repealed.

• Return to footnote ¹SOR/2019-282

Coming into Force

Marginal note:Registration

7 This Order comes into force on the day on which it is registered.