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Oceans Act

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Assented in 1996, the Oceans ActExternal link confirms Canada’s rights and responsibilities regarding its three oceans. In Part II, the Minister of Fisheries and Oceans is to work jointly with other federal ministers and organizations, provincial and territorial governments, Aboriginal organizations, coastal communities and other interested parties in leading and facilitating the development and implementation of a national strategy for the management of estuary, coastal and marine ecosystems. The national strategy for the management of oceans (Canada’s Oceans Strategy) is based on the principles of sustainable development, integrated management of activities, and prevention.

The Act also stipulates that the Minister of Fisheries and Oceans can use certain powers and management tools for the purposes of developing and implementing integrated management plans. These powers are aimed at, among other things, creating marine protected areas and developing management plans, including integrated management plans for integrated coastal zone management.

According to the Oceans Act, section 35, a marine protected area is “an area of the sea that forms part of the internal waters of Canada, the territorial sea [12 nautical miles] of Canada or the exclusive economic zone of Canada [up to 200 nautical miles] and has been designated under [section 35 of the Act] for special protection for one or more of the following reasons:

  • the conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats
  • the conservation and protection of endangered or threatened marine species, and their habitats
  • the conservation and protection of unique habitats
  • the conservation and protection of marine areas of high biodiversity or biological productivity
  • the conservation and protection of any other marine resource or habitat as is necessary to fulfill the mandate of the Minister [of Fisheries and Oceans].”

The Governor in Council, on the recommendation of the Minister, may make regulations

  • designating marine protected areas (clause 35.1);
  • prescribing any measure consistent with the purpose of the designation, including
    • the zoning of marine protected areas; and
    • the prohibition of classes of activities within marine protected areas; and
  • prescribing marine environmental quality requirements and standards (clause 52.1).

This act could therefore have repercussions on the planning of dredging activities and disposal at sea practices, depending on the location and on any regulations that will be enacted for future marine protected areas. Integrated management plans that may be developed for coastal and ocean zones could also, in some cases, recommend different approaches for dredging activities.

For more information about the Oceans Act, please contact Fisheries and Oceans Canada or visit the website on this subject.

Fisheries and Oceans Canada
Communications Branch
200 Kent Street, 13th Floor,
Station 13228
Ottawa (Ontario) K1A 0E6
Telephone: 613-993-0999
Fax: 613-990-1866
TTY: 1-800-465-7735
Email: info@dfo-mpo.gc.ca
Website: http://www.dfo-mpo.gc.ca/oceans/oceans-eng.htmExternal link