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Pacific north coast integrated management area plan

Table of Contents

Appendix 1: federal and provincial legislative and regulatory summary tables

Table A1-1 federal agencies with direct roles in ocean management in PNCIMA
Entity Primary acts, regulations and conventions Role/responsibility Related human activities
Indigenous and Northern Affairs Canada Department of Indian Affairs and Northern Development Act; Indian Act; First Nations Fiscal and Statistical Management Act; First Nations Jurisdiction Over Education in British Columbia Act; First Nations Land Management Act Mandate is to support Aboriginal people (First Nations, Inuit and Métis) and Northerners in their efforts to:
  • improve social well-being and economic prosperity;
  • develop healthier, more self-sufficient communities; and
  • participate more fully in Canada’s political, social and economic development
Skills and employment training, Land Claim and Self Government Agreements
Canadian Coast Guard Oceans Act; Canada Shipping Act
  • Special Operating Agency of Fisheries and Oceans Canada
  • Owns and operates the federal government’s civilian fleet
  • Implementing agency for the following initiatives: Aids to Navigation, Marine Communications and Traffic Services, Search and Rescue, Environmental Response
Marine transportation, marine recreation, marine safety
Canadian Environmental Assessment Agency Canadian Environmental Assessment Act, 2012
  • Federal body accountable to the Minister of the Environment
  • Responsible authority for federal environmental assessments of activities that do not fall under the authority of the Canadian Nuclear Safety Commission or the National Energy Board
Environmental assessment Footnote 8 of activities Footnote 9 related to tidal power generation, transmission lines, mining, all season runway extensions, marine terminals
Canadian Heritage Cultural Property Export and Import Act
  • Prevents uncontrolled loss by Canada of cultural material of outstanding significance and national importance
  • Includes items recovered from heritage wrecks in Canadian waters
Marine recreation
Environment and Climate Change Canada Migratory Birds Convention Act; Canada Wildlife Act; Species at Risk Act; Canadian Environmental Protection Act; Fisheries Act section 36(3), International conventions including Convention on Biological Diversity, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972 London Protocol), and Convention for the Prevention of Pollution from Ships (Marpol)
  • Preserves and enhances the quality of the natural environment in key areas such as pollution prevention, protection and conservation of species at risk and migratory birds (e.g. proposed Scott Islands Marine National Wildlife Area”), monitoring and research, and coastal and marine weather modelling and prediction
  • Conserves Canada’s renewable resources
  • Coordinates environmental policies with other federal agencies (e.g., DFO)
Marine transportation, renewable ocean energy, aquaculture, ocean disposal, protected areas, hunting of waterfowl
Fisheries and Oceans Canada Fisheries Act (Fishery Regulations; Pacific Fishery Regulations; Foreign Vessel Fishing Regulations; Management of Contaminated Fisheries Regulations; Pacific Fishery Management Area Regulations; Aboriginal Communal Fishing Licences Regulations); Oceans Act (regulations have been written for specific marine protected areas, none within PNCIMA); Coastal Fisheries Protection Act (Coastal Fisheries Protection Regulations); Fisheries Development Act; Department of Fisheries and Oceans Act; Species at Risk Act; Fishing and Recreational Harbours Act
  • Develops and implements policies and programs that ensure safe, healthy and productive waters and aquatic ecosystems for the benefit of present and future generations
  • Supports other federal agencies, such as the Department of National Defence, RCMP, Environment and Climate Change Canada and Transport Canada in strengthening marine initiatives
  • Fisheries Act oversees development and implementation of fisheries management plans for each fishery and addresses First Nations fishing matters
  • Oceans Act addresses development of an integrated strategy to address the challenges of oceans conservation and protection and the increased risks and potential conflicts resulting from new ocean uses
Commercial fishing, sport fishing, Aboriginal fishing, aquaculture, protected areas, commercial whaling and sealing, hunting of sea otters and waterfowl, renewable ocean energy, marine transportation, marine tourism, log dumping/ handling and storage in coastal waters, marinas and ports, ocean disposal, undersea cables and pipelines
Global Affairs Canada United Nations Convention on Law of the Sea
  • Lead federal department for sovereignty issues
  • Convention on Law of the Sea addresses many aspects of ocean affairs within 322 km (200 miles) of shore
  • Manages unresolved boundary dispute with the US at Dixon Entrance
Commercial fishing, national defence and public safety
Innovation, Science and Economic Development Canada Telecommunications Act
  • Issues licences for the construction and operation of international submarine cables in Canadian jurisdiction
Marine tenures, undersea cables and pipelines
Department of National Defence and the Canadian Armed Forces National Defence Act
  • Defends Canada and Canadian interests while contributing to international peace and security
  • Lead agency for national search and rescue, surveillance, monitoring and control of Canada’s coastal and maritime zones, intercepting vessels trafficking drugs and human cargo
National defence and public safety
Natural Resources Canada Canada Petroleum Resources Act; Department of Natural Resources Act; Resources and Technical Surveys Act
  • Issues oil and gas exploration permits and licences
  • Develops science and technology in the fields of energy, forests and minerals and metals
Oil and gas development
National Energy Board Canada Oil and Gas Operations Act; Canadian Environmental Assessment Act; Canada Petroleum Resources Act; Canada Transportation Act; National Energy Board Act
  • Independent federal agency accountable to the Minister of Natural Resources
  • Regulates international and interprovincial aspects of the oil, gas and electric utility industries
  • Responsible authority for the environmental assessment of activities under its jurisdiction
Offshore oil and gas development, undersea cables and pipelines
Parks Canada Canada National Marine Conservation Areas Act (National Marine Conservation Areas Policy); Canada National Parks Act (National Parks Policy; National Parks of Canada Fishing Regulations)
  • Protects the natural and cultural heritage of Canada’s special places and ensures that they remain healthy and whole
  • Gwaii Haanas National Marine Conservation Area Reserve and Haida Heritage Site was established in 2010 under the National Marine Conservation Areas Act
Traditional use, research, tourism and commercial fishing
Transport Canada Canada Shipping Act, 2001 (including Large Fishing Vessel Inspection Regulations, Small Fishing Vessel Inspection Regulations, Ballast Water Control and Management Regulations, Charts and Nautical Publications Regulations, 1995, Collision Regulations, Environmental Response Arrangements Regulations, Hull Construction Regulations, Hull Inspection Regulations, Load Line Regulations, Long- Range Identification and Tracking of Vessels Regulations, Marine Machinery Regulations, Marine Personnel Regulations, Navigation Safety Regulations, Vessel Pollution and Dangerous Chemicals Regulations, Response Organizations and Oil Handling Facilities Regulations, Safety Management Regulations, Shipping Casualties Reporting Regulations, Vessel Certificates Regulations, Vessel Traffic Services Zones Regulations, Voyage Data Recorder Regulations), Navigation Protection Act, Pilotage Act, Canada Marine Act, Footnote 10 Marine Liability Act, Marine Transportation Security Act, Transportation of Dangerous Goods Act, 1992, Safe Containers Convention Act; Department of Transport Act, Coasting Trade Act, Canada Transportation Act
  • Promotes efficient, safe, secure and environmentally sustainable marine transportation practices by setting policy, legislation and regulations regarding shipping and navigation in waters under Canadian jurisdiction;
  • Oversight of marine infrastructure in order to implement marine policies that provide Canada with the marine infrastructure that it needs; that offers effective support for the achievement of national, regional and local social and economic objectives; and, promotes/safeguards Canada’s competitiveness and trade objectives;
  • Regulates the safe transportation of dangerous goods by water;
  • Navigation Protection Act covers approval of works built or placed in, on, over, under, through or across navigable water in Canada; removal of obstructions to navigation, including unauthorized works or other obstructions such as sunken or wrecked vessels; regulating the provision and maintenance of lights, markets, etc. required for safe navigation
  • Canada Marine Act: established to make the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport;
  • Marine Liability Act: sets out the various regimes that regulate liability for maritime claims and provide compensation for oil pollution damage from vessels;
  • Canada Shipping Act, 2001: regulates all vessels, regardless of size. The Act and its regulations set standards for vessel design, construction, equipment and use; cargo handling and ship-port interface; navigation and radio communications; environmental protection and response systems; ship operations and inspections, vessel registration; licencing pleasure craft; pleasure craft operator competency requirements. The Act and its regulations also establish a monitoring and compliance framework for Canadian and foreign vessels as well as pleasure craft;
  • Coasting Trade Act: economic regulation of all marine activities of a commercial nature and use of foreign vessels within Canadian waters and above the continental shelf;
  • Representation of Canada at international fora, including the International Maritime Organization on issues of marine safety, security, environmental and economic regulation – including regarding the Safety of Life at Sea Convention (SOLAS)
Marine transportation (including ports), public safety, water diversion, fisheries, renewable ocean energy, log dumping/handling and storage in coastal waters, marinas and ports, ocean disposal, undersea cables and pipelines, recreational boating
Table A1-2 British Columbia agencies with direct roles in ocean management in PNCIMA
B.C. provincial agencies (ministries) Primary acts Role/responsibility Related human activities
Ministry of Agriculture Fisheries Act; Fish Inspection Act
  • Receives, adjudicates and issues commercial seafood licences and permits for the following:
    • facilities including fish buying stations, fish and marine plant processing and cold storage facilities; fish vendors and fish brokers;
    • commercial harvests of wild marine plants
  • Monitors, inspects and reports on commercial fisheries
  • Facilitates expansion of domestic and international markets for B.C.’s wild capture and farmed seafood products
  • Provides market information, statistical analysis and advice
Aquaculture, commercial fishing, seafood processing
Ministry of Energy and Mines Ministry of Energy and Mines Act; Mines Act; Clean Energy Act; Utilities Commission Act; Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act; Mineral Tenure Act; Oil and Gas Activities Act; Petroleum and Natural Gas Act; Clean Energy Act; BC Hydro Authority Act
  • Develops tenure, royalty and regulatory policy for oil and gas, clean or renewable energy (ocean, wind, geothermal) and minerals
  • Issues Crown subsurface resource rights
  • Develops and maintains geosciences databases and surveys
  • Facilitates investment in oil and gas, liquefied natural gas and mineral exploration
Marine energy and mining, tenure to aquatic lands
Ministry of Environment (including Environmental Assessment Office) Environmental Assessment Act; Environmental Management Act; Fish Protection Act; Carbon Tax Act; Greenhouse Gas Reduction Acts and amendments (five Acts in total); Park Act; Ecological Reserve Act; Environment and Land Use Act; Water Protection Act
  • Responsible for ocean protection and sustainability
  • Sets provincial direction, priorities, and strategic and operational policy for all provincial protected areas
  • Identifies, acquires and establishes lands that make up the protected areas system
  • Monitors, assesses and reports on environmental conditions
  • Sets air, land and water quality standards
  • Monitors and enforces compliance with environmental laws and regulations
  • Manages the provincial emergency oil spill response program
  • Coordinates Climate Action Plan initiatives (e.g., Blue Carbon projects)
  • Evaluates proposed projects under the Environmental Assessment Act
  • Leads Species at Risk program implementation
  • Monitors, assesses and manages tsunami marine debris
Potential to affect all values that trigger an environmental assessment as per the Reviewable Projects Regulation (typical projects include largescale marine energy projects, transportation and infrastructure projects, industrial activities), aquaculture, marine transportation, water diversion, public safety, research and monitoring, tourism and recreation
Ministry of Forests, Lands and Natural Resource Operations Land Act; Wildlife Act; Forest and Range Practices Act
  • Establishes the conditions for access to and use of land and natural resources
  • Responsible for strategic land use planning, including coastal/marine planning
  • Holds the legislative authority for provincial permitting and licensing activities
  • Responsible for natural resource information management
  • Develops, maintains and manages a network of recreation sites and trails outside the protected area system
  • Delivers B.C.’s silviculture program
Potential to affect all values
Ministry of Jobs, Tourism and Skills Training Tourism Act
  • Responsible for developing and leading implementation of B.C.’s tourism strategy
  • Promotes regional economic growth and diversification, and facilitates new investment
  • Responsible authority for commitments under the Pacific Coast Collaborative
  • Negotiates trade agreements and reduces barriers to international trade
Potential to affect all values, specifically ocean recreation
Ministry of Transportation and Infrastructure (including Emergency Management BC) Transportation Act; Coastal Ferry Act; Public Works Agreement Act; Emergency Program Act
  • Leads implementation of B.C.’s Pacific Gateway Transportation Strategy
  • Prepares transportation studies
  • Responsible for setting all aspects of provincial transportation policy – surface, air, marine
  • Delivery of infrastructure programs
  • Responsible for emergency preparedness (e.g., tsunamis, earthquakes, flooding, wildlife interface) and management
Marine transportation (ports), potential to affect values that have an export component (aquaculture, commercial fisheries) and potential to affect community health and infrastructure
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