Whereas the Minister of Transport believes that the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2022 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 Interim Order may be contained in a regulation made under 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, under subsection 10.1(1)Footnote d of the Canada Shipping Act, 2001Footnote c, makes the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2022.
Ottawa, April 20, 2022
Omar Alghabra
Minister of Transport
Definitions
Definitions
1 The following definitions apply in this Interim Order.
buffer area means the area that extends 5 nautical miles south of a dynamic shipping zone and that extends 2.5 nautical miles east and west of that zone and of the area that is 5 nautical miles south of that zone. (zone tampon)
dynamic shipping zone means a zone described in Part 2 of the schedule. (zone de transport maritime dynamique)
Minister means the Minister of Transport. (ministre)
navigational warning means a communication identified as a navigational warning, or NAVWARN, that the Canadian Coast Guard publishes online or broadcasts. (avertissement de navigation)
restricted area means the area that is within the southern static zone and that is described in Part 4 of the schedule. (zone de restriction)
right whale means a North Atlantic right whale (Eubalaena glacialis). (baleine noire)
seasonal management area means an area described in Part 3 of the schedule. (zone de gestion saisonnière)
static zone means a zone described in Part 1 of the schedule. (zone statique)
Application
Vessels
2 (1) This Interim Order applies to vessels that are more than 13 m in length.
Non-application
(2) This Interim Order does not apply to
- (a) a vessel in distress or providing assistance to a person or vessel in distress; or
- (b) a government vessel being used
- (i) for law enforcement activities,
- (ii) for search and rescue operations, or
- (iii) for the purpose of ensuring the competency of the crew or the operational readiness of the vessel or crew with respect to those activities or operations.
Definition of length
(3) For the purposes of subsection (1), length means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.
Static Zones
Speed limit
3 A vessel must not proceed at a speed in excess of 10 knots over ground within a static zone.
Exclusion — commercial fishing and ice clearing
4 (1) The following vessels are not subject to the speed limit set out in section 3:
- (a) a vessel being used for commercial fishing in waters that are not more than 36.57 m deep; and
- (b) an air cushion vessel operated by the Government of Canada that is being used for ice-clearing activities.
Exception — right whale detection
(2) However, if a notice to fish harvesters states that at least one right whale has been detected in a static zone in waters that are not more than 36.57 m deep, the speed limit set out in section 3 applies to a vessel described in paragraph (1)(a) for a period beginning at the time specified in the notice to fish harvesters and ending on the 15th day after the day on which the right whale is detected.
New detection
(3) If a new notice to fish harvesters with the same statement is published during the last seven days of the period referred to in subsection (2), the speed limit continues to apply for a further 15 days after the day on which the right whale, in respect of which the new notice was published, is detected.
Definition of notice to fish harvesters
(4) In this section, notice to fish harvesters means a communication identified as a notice to fish harvesters that the Department of Fisheries and Oceans publishes online.
Dynamic Shipping Zones
Right whale detection
5 (1) If the Minister detects at least one right whale in a dynamic shipping zone or in that zone’s buffer area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that zone.
Speed limit
(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the zone referred to in the navigational warning.
Duration
(3) The speed limit ceases to apply on the 15th day after the day on which the right whale is detected.
New detection
(4) The Minister’s obligation under subsection (1) does not apply with respect to the detection of a right whale that occurs in the zone referred to in the navigational warning or in that zone’s buffer area during the first eight days after the day on which the right whale, in respect of which the navigational warning was published or broadcast, is detected.
Inability to conduct detection activities
6 (1) If the Government of Canada is unable for a period of at least seven days to conduct right whale detection activities or to have those activities conducted on its behalf, in respect of a dynamic shipping zone or that zone’s buffer area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that zone.
Speed limit
(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the zone referred to in the navigational warning.
Detection activities resume
(3) When whale detection activities resume, the Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the speed limit no longer applies.
Duration
(4) The speed limit ceases to apply from the time that the new navigational warning comes into effect.
Seasonal Management Areas
Beginning of season
7 Until June 28, 2022, a vessel must not proceed at a speed in excess of 10 knots over ground within a seasonal management area.
Right whale detection
8 (1) Beginning on June 29, 2022, if the Minister detects at least one right whale in a seasonal management area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that area.
Speed limit
(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the area referred to in the navigational warning.
Duration
(3) The speed limit ceases to apply on the 15th day after the day on which the right whale is detected.
New detection
(4) The Minister’s obligation under subsection (1) does not apply with respect to the detection of a right whale that occurs in the area referred to in the navigational warning during the first eight days after the day on which the right whale, in respect of which the navigational warning was published or broadcast, is detected.
Restricted Area
Restricted area
9 (1) The Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not navigate in the restricted area if the Minister determines that it is necessary to restrict navigation in that area for the purpose of protecting right whales due to either of the following factors:
- (a) an increased presence of right whales in that area; or
- (b) reports of right whale deaths or injuries in the Gulf of St. Lawrence.
Prohibition
(2) From the time that the navigational warning comes into effect, a vessel must not navigate in the restricted area.
End of prohibition
(3) The Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the prohibition under subsection (2) no longer applies if the Minister determines that it is no longer necessary to restrict navigation in the restricted area for the purpose of protecting right whales, due to either of the following factors:
- (a) a decreased presence of right whales in that area; or
- (b) a decrease in reports of right whale deaths or injuries in the Gulf of St. Lawrence.
Duration
(4) The prohibition no longer applies from the time that the new navigational warning comes into effect.
Exceptions
(5) Subsection (2) does not apply to any of the following vessels:
- (a) a vessel being used for commercial fishing;
- (b) a vessel being used for fishing under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations;
- (c) a vessel being used by an employee of the Government of Canada or peace officer who is performing their duties;
- (d) a vessel being used for research purposes on behalf of the Government of Canada;
- (e) a vessel involved in research relating to right whales as part of a project that has received funding from the Government of Canada;
- (f) a vessel being used as part of the Department of Fisheries and Oceans’ Marine Mammal Response Program to assist a marine mammal or sea turtle in distress or to access or retrieve a deceased marine mammal or sea turtle;
- (g) a vessel authorized by the Government of Canada to retrieve or identify the location of abandoned or lost fishing gear;
- (h) a vessel involved in pollution response operations;
- (i) a vessel avoiding immediate or unforeseen danger.
Speed limit
(6) Despite the speed limit set out in section 3, a vessel referred to in subsection (5), other than a vessel referred to in paragraph (5)(c), must not proceed at a speed in excess of 8 knots over ground within the restricted area while the prohibition against navigation under subsection (2) is in effect.
General Speed Limit
Report of death or injury
10 (1) If the Minister receives a report of the death or injury of at least one right whale in the Gulf of St. Lawrence, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within
- (a) any dynamic shipping zone referred to in the navigational warning; and
- (b) beginning on June 29, 2022, any seasonal management area referred to in the navigational warning.
Speed limit
(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within any area or zone referred to in the navigational warning.
Duration
(3) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.
Clarification
New navigational warning
11 For greater certainty, if a navigational warning referred to in subsection 5(1), 8(1) or 10(1) is in effect with respect to a zone or area, as applicable, when a new navigational warning is published or broadcast with respect to the same zone or area, the speed limit continues to apply for a further 15 days after
- (a) in the case of a speed limit set out in subsection 5(2) or 8(2), the day on which the right whale, in respect of which the new navigational warning was published or broadcast, is detected; or
- (b) in the case of a speed limit set out in subsection 10(2), the day on which the navigational warning comes into effect.
Exception
Weather conditions
12 (1) If the Minister determines that, because of current or forecast weather conditions, the suspension of a speed limit or prohibition that is in effect under this Interim Order is necessary to maintain marine safety, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that the speed limit or prohibition, as applicable, is suspended for the area or zone referred to in the navigational warning.
Suspension
(2) From the time that the navigational warning comes into effect, the speed limit or prohibition set out in the navigational warning is suspended for the area or zone specified in the navigational warning.
Improved weather conditions
(3) The Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the navigational warning referred to in subsection (1) has ceased to have effect if the Minister determines that current or forecast weather conditions have improved such that the suspension is no longer necessary to maintain marine safety.
Duration
(4) The suspension referred to in subsection (2) applies until the time that the new navigational warning comes into effect.
Clarification
(5) For greater certainty, the suspension does not extend the duration of a speed limit.
Repeal
November 15, 2022
13 This Interim Order is repealed on November 15, 2022.
Schedule
(Section 1)
Zones and Areas
Part 1 Static Zones
Northern Static Zone
The northern static zone is the area bounded by a line
- (a) starting at 50°20′N, 65°00′W;
- (b) from there to 49°13′N, 65°00′W;
- (c) from there to 48°40′N, 64°13′W;
- (d) from there to 48°40′N, 62°40′W;
- (e) from there to 48°03′N, 61°07.5′W;
- (f) from there to 47°58.1′N, 61°03.5′W;
- (g) from there to 48°00′N, 61°00′W;
- (h) from there to 49°04′N, 61°00′W;
- (i) from there to 49°04′N, 62°00′W;
- (j) from there to 49°43′N, 63°00′W;
- (k) from there to 50°20′N, 63°00′W; and
- (l) from there to 50°20′N, 65°00′W.
Southern Static Zone
The southern static zone is the area bounded by a line
- (a) starting at 48°40′N, 65°00′W;
- (b) from there to 48°40′N, 62°40′W;
- (c) from there to 48°03′N, 61°07.5′W;
- (d) from there to 47°58.1′N, 61°03.5′W;
- (e) from there to 47°10′N, 62°30′W;
- (f) from there to 47°10′N, 65°00′W; and
- (g) from there to 48°40′N, 65°00′W
Part 2 Dynamic Shipping Zones
Dynamic Shipping Zone A
Dynamic shipping zone A is the area bounded by a line
- (a) starting at 49°41′N, 65°00′W;
- (b) from there to 49°20′N, 65°00′W;
- (c) from there to 49°11′N, 64°00′W;
- (d) from there to 49°22′N, 64°00′W; and
- (e) from there to 49°41′N, 65°00′W.
Dynamic Shipping Zone B
Dynamic shipping zone B is the area bounded by a line
- (a) starting at 49°22′N, 64°00′W;
- (b) from there to 49°11′N, 64°00′W;
- (c) from there to 48°48′N, 63°00′W;
- (d) from there to 49°00′N, 63°00′W; and
- (e) from there to 49°22′N, 64°00′W.
Dynamic Shipping Zone C
Dynamic shipping zone C is the area bounded by a line
- (a) starting at 49°00′N, 63°00′W;
- (b) from there to 48°48′N, 63°00′W;
- (c) from there to 48°24′N, 62°00′W;
- (d) from there to 48°35′N, 62°00′W; and
- (e) from there to 49°00′N, 63°00′W.
Dynamic Shipping Zone D
Dynamic shipping zone D is the area bounded by a line
- (a) starting at 50°16′N, 64°00′W;
- (b) from there to 50°00′N, 64°00′W;
- (c) from there to 49°56′N, 63°00′W;
- (d) from there to 50°16′N, 63°00′W; and
- (e) from there along the coastline back to 50°16′N, 64°00′W.
Dynamic Shipping Zone E
Dynamic shipping zone E is the area bounded by a line
- (a) starting at 48°35′N, 62°00′W;
- (b) from there to 48°24′N, 62°00′W;
- (c) from there to 48°03′N, 61°07.5′W;
- (d) from there to 47°58.1′N, 61°03.5′W;
- (e) from there to 48°00′N, 61°00′W;
- (f) from there to 48°10.5′N, 61°00′W; and
- (g) from there to 48°35′N, 62°00′W.
Part 3 Seasonal Management Areas
Seasonal Management Area 1
Seasonal management area 1 is the area bounded by a line
- (a) starting at 49°04′N, 62°00′W;
- (b) from there to 49°04′N, 61°00′W;
- (c) from there to 48°10.5′N, 61°00′W;
- (d) from there to 48°35′N, 62°00′W; and
- (e) from there to 49°04′N, 62°00′W.
Seasonal Management Area 2
Seasonal management area 2 is the area bounded by a line
- (a) starting at 48°24′N, 62°00′W;
- (b) from there to 48°03′N, 61°07.5′W;
- (c) from there to 47°58.1′N, 61°03.5′W;
- (d) from there to 47°26.69′N, 62°00′W; and
- (e) from there to 48°24′N, 62°00′W.
Part 4 Restricted Area
The restricted area is the area bounded by a line
- (a) starting at 48°31.8′N, 63°39.6′W;
- (b) from there to 48°24.72′N, 63°17.88′W;
- (c) from there to 47°18.84′N, 64°10.8′W;
- (d) from there to 47°27.18′N, 64°30.72′W; and
- (e) from there to 48°31.8′N, 63°39.6′W.