Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021 is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to paragraphs 35.1(1)(k)Footnote a and 136(1)(f)Footnote b of the Canada Shipping Act, 2001Footnote c;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)Footnote d of the Canada Shipping Act, 2001Footnote c, makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.
Ottawa, June 1, 2021
Omar Alghabra
Minister of Transport
Definitions
1 The following definitions apply in this Interim Order.
Minister means the Minister of Transport. (ministre)
Southern Resident killer whale means any member of the Killer Whale (Orcinus orca) Northeast Pacific southern resident population. (épaulard résident du sud)
Approach Distance Prohibition
Prohibition — vessels
2 (1) Beginning on June 1, 2021, a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.
Exceptions
(2) Subsection (1) does not apply to:
- (a) a vessel in transit;
- (b) a vessel in distress or providing assistance to a vessel or person in distress;
- (c) a vessel involved in pollution response operations;
- (d) a vessel avoiding immediate or unforeseen danger; or
- (e) a vessel carrying any person referred to in paragraphs 3(2)(a) to (e).
Prohibition — persons
3 (1) Beginning on June 1, 2021, a person operating a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.
Exceptions
(2) Subsection (1) does not apply to
- (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
- (b) a person acting in a manner authorized under the Species at Risk Act;
- (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
- (d) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations; or
- (e) a person operating a vessel referred to in paragraphs 2(2)(a) to (e).
Interim Sanctuary Zones
Prohibition — vessels
4 (1) During the period beginning on June 1, 2021 and ending on November 30, 2021, a vessel must not navigate in the waters indicated in Schedule 2.
Exceptions
- (2) Subsection (1) does not apply to:
- (a) a vessel being used to access a private residence, a commercial establishment or any other establishment providing a service, if travel in the waters indicated in Schedule 2 is the only practical means of doing so and the vessel is navigating directly between
- (i) a location on Pender Island or Saturna Island and another location on one of those islands,
- (ii) a location on Pender Island or Saturna Island and a location beyond the waters indicated in Schedule 2,
- (iii) a location on Pender Island or Saturna Island and a mooring buoy located in the waters indicated in Schedule 2, or
- (iv) a mooring buoy located in the waters indicated in Schedule 2 and a location beyond those waters;
- (b) a human-powered vessel navigating at a distance of 20 m or less from the shoreline — meaning the line where the water surface touches the land — in the waters indicated in items 1 and 3 of Schedule 2;
- (c) a vessel in distress or providing assistance to a person or vessel in distress;
- (d) a vessel involved in pollution response operations;
- (e) a vessel avoiding immediate or unforeseen danger;
- (f) a vessel being used to fish under a licence issued under the Aboriginal Communal Fishing Licences Regulations
- (i) for food, social or ceremonial purposes, or
- (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982; or
- (g) a vessel carrying any person referred to in paragraphs 5(2)(a) to (h).
Prohibition — persons
5 (1) During the period beginning on June 1, 2021 and ending on November 30, 2021, a person must not operate a vessel in the waters indicated in Schedule 2.
Exceptions
(2) Subsection (1) does not apply to
- (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
- (b) a person acting in a manner authorized under the Species at Risk Act;
- (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
- (d) a person fishing for marine mammals under the authority of the Marine Mammal Regulations;
- (e) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations;
- (f) a person fishing under a licence issued under the Aboriginal Communal Fishing Licences Regulations;
- (i) for food, social or ceremonial purposes, or
- (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982; or
- (g) an Indigenous person exercising an existing right, other than for fishing, for non-commercial purposes under section 35 of the Constitution Act, 1982; or
- (h) a person operating a vessel referred to in paragraphs 4(2)(a) to (g).
Authorizations
Authorization — whale-watching
6 (1) The Minister may, in writing, issue an authorization to a vessel and to persons operating that vessel to approach a killer whale, other than a Southern Resident killer whale, for the purpose of commercial whale-watching at a distance of between 200 m and 400 m in the waters indicated in Schedule 1 if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales.
Authorization — promotion of protection of killer whales
(2) The Minister may, in writing, issue one of the following authorizations to a vessel and to persons operating that vessel for the purpose of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales:
- (a) an authorization to approach a killer whale at a distance of between 200 m and 400 m in the waters indicated in Schedule 1; or
- (b) an authorization to navigate or operate a vessel in the waters indicated in Schedule 2.
Application for authorization
(3) The following persons or organizations may submit a request for an authorization in respect of a vessel that they own or operate and persons operating that vessel:
- (a) in the case of an authorization referred to in subsection (1), a person who owns or operates a business for the purposes of commercial whale-watching or ecotourism, or any person or organization acting on behalf of such a business; or
- (b) in the case of the authorizations referred to in subsection (2)
- (i) an incorporated non-profit organization with a mandate to promote the protection of killer whales, or any person or organization acting on behalf of such an organization, or
- (ii) a government, council or other entity authorized to act on behalf of an Indigenous group.
Condition of authorization
(4) An authorization is subject to the condition that the authorization holder complies with measures respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales, set out in the agreement entered into with the Minister.
Amending conditions
(5) The Minister may add, amend or remove conditions, if the Minister considers it necessary to contribute to the protection of killer whales or the marine environment or to marine safety.
Authorization on board vessel
(6) An authorization must be kept on board the vessel.
Suspension or revocation
(7) The Minister may suspend or revoke an authorization, and inform the authorization holder in writing, if
- (a) the person who submitted the application for the authorization knowingly provided false or misleading information to obtain the authorization;
- (b) the authorization holder fails to comply with any condition referred to in subsection (4) or (5), and the non-compliance constitutes a risk to killer whales, the marine environment or marine safety;
- (c) the authorization holder fails to comply with any requirements under
- (i) the Canada Shipping Act, 2001,
- (ii) the Oceans Act, or
- (iii) the Fisheries Act; or
- (d) the Minister considers it necessary to protect killer whales or the marine environment or for marine safety.
Additional requirements — whale-watching
7 (1) A person who is operating a vessel to which an authorization was issued under subsection 6(1) must comply with the following requirements:
- (a) the person must, as soon as feasible, report the following information to the Minister each time that the vessel is within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
- (i) the name of their vessel,
- (ii) the date and time of the occurrence,
- (iii) the geographic coordinates of the vessel at the time of the occurrence, and
- (iv) the number of Southern Resident killer whales observed by the person at the time of the occurrence;
- (b) the person must, as soon as feasible, report the following information to the Minister each time that they observe another vessel within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
- (i) the name of their vessel,
- (ii) the date and time of the observation,
- (iii) the geographic coordinates of their vessel at the time of the observation,
- (iv) the number of Southern Resident killer whales observed by the person, and
- (v) a description of the vessel that was observed within 400 m of a Southern Resident killer whale;
- (c) the person must, as soon as feasible, use the WhaleReport application to record each observation of a Southern Resident killer whale that the person makes; and
- (d) the person must ensure that the authorization flag provided by the Minister is visible on the vessel at all times when the vessel is in the waters indicated in Schedule 1.
Prohibition on advertising
(2) After an authorization under subsection 6(1) is issued, the person or organization that submitted the request for the authorization must not refer to sightings of Southern Resident killer whales when offering or promoting excursions for the purpose of commercial whale-watching.
Schedule 1
(Subsections 2(1), 3(1) and 6(1) and paragraphs 6(2)(a) and 7(1)(a), (b) and (d))
Waters Subject to Approach Distance Prohibition
| The waters subject to the approach distance prohibition are bounded by a line | |||
|---|---|---|---|
| beginning at | 50°03.807’N | 124°50.610’W | [Sarah Point]; |
| then to | 49°52.486’N | 124°33.903’W | [north Powell River]; |
| then to | 49°52.426’N | 124°33.912’W | [south Powell River]; |
| then to | 49°46.436’N | 124°16.815’W | [north Jervis Inlet/ Thunder Bay]; |
| then to | 49°44.262’N | 124°13.260’W | [south Jervis Inlet]; |
| then to | 49°43.838’N | 124°12.572’W | [north Blind Bay]; |
| then to | 49°43.018’N | 124°11.228’W | [south Ballet Bay]; |
| then to | 49°39.450’N | 124°05.148’W | [west Agamemnon Channel]; |
| then to | 49°39.313’N | 124°04.355’W | [east Agamemnon Channel]; |
| then to | 49°19.301’N | 123°08.888’W | [north Burrard Inlet]; |
| then to | 49°18.775’N | 123°08.882’W | [south Burrard Inlet]; |
| then to | 49°15.608’N | 123°15.755’W | [Cowards Cove]; |
| then to | 49°15.173’N | 123°16.247’W | [east Sea Island]; |
| then to | 49°15.455’N | 123°16.795’W | [north Sea Island]; |
| then to | 49°12.853’N | 123°13.338’W | [south Sea Island]; |
| then to | 49°11.205’N | 123°12.225’W | [north Swishwash Island]; |
| then to | 49°10.425’N | 123°12.023’W | [south Swishwash Island]; |
| then to | 49°07.853’N | 123°12.037’W | [Steveston]; |
| then to | 49°06.128’N | 123°19.335’W | [north Strait of Georgia]; |
| then to | 49°05.368’N | 123°19.342’W | [south Strait of Georgia]; |
| then to | 49°07.058’N | 123°11.647’W | [Fraser River]; |
| then to | 49°06.532’N | 123°11.232’W | [Westham Island]; |
| then to | 49°04.062’N | 123°09.410’W | [south Canoe Passage]; |
| then to | 49°03.487’N | 123°08.493’W | [Roberts Bank]; |
| then to | 49°00.132’N | 123°05.460’W | [Boundary Bluff]; |
| then adjacent to the United States border until | 48°14.200’N | 125°44.500’W | [southern boundary of the critical habitat of the Southern Resident killer whale]; |
| then to | 48°41.700’N | 126°17.783’W | [northwest boundary of the critical habitat of the Southern Resident killer whale]; |
| then to | 48°59.685’N | 125°40.152’W | [Quisitis Point]; |
| then to | 48°55.253’N | 125°32.517’W | [Amphitrite Point]; |
| then to | 48°56.076’N | 125°31.372’W | [Stuart Bay]; |
| then to | 49°01.238’N | 125°02.383’W | [Hi’tatis]; |
| then to | 48°46.985’N | 125°12.587’W | [Cape Beale]; |
| then to | 48°39.645’N | 124°49.205’W | [west Clo-oose Bay]; |
| then to | 48°39.485’N | 124°48.648’W | [east Clo-oose Bay]; |
| then to | 48°33.703’N | 124°27.812’W | [west Port San Juan]; |
| then to | 48°33.110’N | 124°25.742’W | [east Port San Juan]; |
| then to | 49°59.092’N | 125°13.390’W | [Campbell River]; |
| then to | 50°03.807’N | 124°50.610’W | [Sarah Point]. |
Schedule 2
(Subsection 4(1), paragraphs 4(2)(a) and (b), subsection 5(1) and paragraph 6(2)(b))
Interim sanctuary zones
| 1. Saturna Island | |||
|---|---|---|---|
| The waters off Saturna Island bounded by a line | |||
| beginning at | 48°47.150’N | 123°02.733’W | [northern boundary of East Point (shoreline)]; |
| then to | 48°47.367’N | 123°02.915’W | [Tumbo Channel]; |
| then to | 48°47.617’N | 123°02.483’W | [northwest boundary (east of Tumbo Point)]; |
| then to | 48°47.473’N | 123°01.975’W | [northeast boundary (Boiling Reef)]; |
| then to | 48°46.558’N | 123°03.147’W | [Boundary Pass]; |
| then to | 48°46.333’N | 123°03.805’W | [southeast boundary]; |
| then to | 48°46.350’N | 123°05.150’W | [southwest boundary (Narvaez Bay)]; |
| then to | 48°46.683’N | 123°05.150’W | [Fiddlers Cove]; |
| then to | 48°47.150’N | 123°02.733’W | [northern boundary of East Point (shoreline)]. |
| 2. Swiftsure Bank | |||
| The waters off Swiftsure Bank bounded by a line | |||
| beginning at | 48°34.000’N | 125°06.000’W | [northwest boundary]; |
| then to | 48°34.000’N | 124°54.200’W | [northeast boundary]; |
| then to | 48°32.100’N | 124°49.583’W | [southeast boundary]; |
| then to | 48°32.100’N | 125°01.760’W | [southwest boundary]; |
| then to | 48°34.000’N | 125°06.000’W | [northwest boundary]. |
| 3. Pender Island | |||
| The waters off Pender Island bounded by a line | |||
| beginning at | 48°45.817’N | 123°19.300’W | [northwest boundary]; |
| then to | 48°46.217’N | 123°18.867’W | [northeast boundary]; |
| then to | 48°44.167’N | 123°13.917’W | [southeast boundary]; |
| then to | 48°44.153’N | 123°15.517’W | [southwest boundary]; |
| then to | 48°45.817’N | 123°19.300’W | [northwest boundary]. |