Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2026

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, 2026 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, 2026.

Ottawa, April 14, 2026

Minister of Transport
Steven MacKinnon

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

  1. (a) a vessel in distress or providing assistance to a person or vessel in distress; or
  2. (b) a government vessel being used
    1. (i) for law enforcement activities,
    2. (ii) for search and rescue operations, or
    3. (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:

  1. (a) a vessel being used for commercial fishing in waters that are not more than 36.57 m deep; and
  2. (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 the Minister detects a right whale in waters that are not more than 36.57 m deep within a static zone in respect of which no navigational warning is in effect, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that the speed limit set out in section 3 applies to a vessel referred to in paragraph (1)‍(a) within that zone.

Speed limit

(3) From the time that the navigational warning comes into effect, the speed limit set out in section 3 applies to a vessel referred to in paragraph (1)‍(a) within the zone referred to in the warning.

No right whale detection

(4) If, after a period of at least 15 days after the day on which the right whale in respect of which the navigational warning is published or broadcast is detected, the Minister does not detect a right whale in waters that are not more than 36.57 m deep within the static zone referred to in the warning, the Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the speed limit no longer applies to a vessel referred to in paragraph (1)‍(a)‍.

Duration

(5) The speed limit ceases to apply to a vessel referred in paragraph (1)(a) from the time that the new navigational warning comes into effect.

Dynamic Shipping Zones

Right whale detection

5 (1) If the Minister detects a right whale within a dynamic shipping zone or within the buffer area of such a zone, 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 warning.

No right whale detection

(3) If, after a period of at least 15 days after the day on which the right whale in respect of which the navigational warning is published or broadcast is detected, the Minister does not detect a right whale within the dynamic shipping zone referred to in the warning or within that zone’s buffer area, 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.

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 the buffer area of such a zone, 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 30, 2026, 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 July 1, 2026, if the Minister detects a right whale within a seasonal management area in respect of which no navigational warning is in effect, 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.

No right whale detection

(3) If, after a period of at least 15 days after the day on which the right whale in respect of which the navigational warning is published or broadcast is detected, the Minister does not detect a right whale within the seasonal management area referred to in the warning, 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.

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 within the restricted area if the Minister determines that it is necessary to restrict navigation within that area for the purpose of protecting right whales due to either of the following factors:

  1. (a) an increased presence of right whales within that area; or
  2. (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 within 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 within the restricted area for the purpose of protecting right whales, due to either of the following factors:

  1. (a) a decreased presence of right whales within that area; or
  2. (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:

  1. (a) a vessel being used for commercial fishing;
  2. (b) a vessel being used for fishing under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations;
  3. (c) a vessel being used by an employee of the Government of Canada or peace officer who is performing their duties;
  4. (d) a vessel being used for research purposes on behalf of the Government of Canada;
  5. (e) a vessel involved in research relating to right whales as part of a project that has received funding from the Government of Canada;
  6. (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;
  7. (g) a vessel authorized by the Government of Canada to retrieve or identify the location of abandoned or lost fishing gear;
  8. (h) a vessel involved in pollution response operations;
  9. (i) a vessel avoiding immediate or unforeseen danger; or
  10. (j) a vessel being used to conduct the maintenance or repair of underwater communication cables.

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 a right whale in a zone or area in the Gulf of St. Lawrence in respect of which no navigational warning is in effect, 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

  1. (a) any dynamic shipping zone referred to in the navigational warning; and
  2. (b) beginning on July 1, 2026, 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 zone or area referred to in the warning.

No report of death or injury

(3) If, after a period of at least 15 days after the day on which the right whale in respect of which the navigational warning is published or broadcast is detected, the Minister does not receive a report referred to in subsection (1) for the zone or area referred to in the warning, 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.

Exception

Weather conditions

11 (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 zone or area 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 zone or area 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

12 This Interim Order is repealed on November 15, 2026.

Coming into Force

April 22, 2026

13 This Interim Order comes into force on April 22, 2026, but if it is made after that day, it comes into force on the day on which it is made.

Schedule

(Section 1)

Zones and Areas

Part 1

Static Zones

Northern Static Zone

The northern static zone is the area bounded by a line

  1. (a) starting at 50°20′N, 65°00′W;
  2. (b) from there to 49°13′N, 65°00′W;
  3. (c) from there to 48°40′N, 64°13′W;
  4. (d) from there to 48°40′N, 62°40′W;
  5. (e) from there to 48°03′N, 61°07.5′W;
  6. (f) from there to 47°58.1′N, 61°03.5′W;
  7. (g) from there to 48°00′N, 61°00′W;
  8. (h) from there to 49°04′N, 61°00′W;
  9. (i) from there to 49°04′N, 62°00′W;
  10. (j) from there to 49°43′N, 63°00′W;
  11. (k) from there to 50°20′N, 63°00′W; and
  12. (l) from there to 50°20′N, 65°00′W.

Note: The northern static zone described above excludes the dynamic shipping zones described in Part 2 of this schedule.

Southern Static Zone

The southern static zone is the area bounded by a line

  1. (a) starting at 48°40′N, 65°00′W;
  2. (b) from there to 48°40′N, 62°40′W;
  3. (c) from there to 48°03′N, 61°07.5′W;
  4. (d) from there to 47°58.1′N, 61°03.5′W;
  5. (e) from there to 47°10′N, 62°30′W;
  6. (f) from there to 47°10′N, 65°00′W; and
  7. (g) from there to 48°40′N, 65°00′W.

Note: The southern static zone described above excludes the dynamic shipping zones set out in Part 2 of this

Part 2

Dynamic Shipping Zones

Dynamic Shipping Zone A

Dynamic shipping zone A is the area bounded by a line

  1. (a) starting at 49°41′N, 65°00′W;
  2. (b) from there to 49°20′N, 65°00′W;
  3. (c) from there to 49°11′N, 64°00′W;
  4. (d) from there to 49°22′N, 64°00′W; and
  5. (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

  1. (a) starting at 49°22′N, 64°00′W;
  2. (b) from there to 49°11′N, 64°00′W;
  3. (c) from there to 48°48′N, 63°00′W;
  4. (d) from there to 49°00′N, 63°00′W; and
  5. (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

  1. (a) starting at 49°00′N, 63°00′W;
  2. (b) from there to 48°48′N, 63°00′W;
  3. (c) from there to 48°24′N, 62°00′W;
  4. (d) from there to 48°35′N, 62°00′W; and
  5. (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

  1. (a) starting at 50°16′N, 64°00′W;
  2. (b) from there to 50°00′N, 64°00′W;
  3. (c) from there to 49°56′N, 63°00′W;
  4. (d) from there to 50°16′N, 63°00′W; and
  5. (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

  1. (a) starting at 48°35′N, 62°00′W;
  2. (b) from there to 48°24′N, 62°00′W;
  3. (c) from there to 48°03′N, 61°07.5′W;
  4. (d) from there to 47°58.1′N, 61°03.5′W;
  5. (e) from there to 48°00′N, 61°00′W;
  6. (f) from there to 48°10.5′N, 61°00′W; and
  7. (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

  1. (a) starting at 49°04′N, 62°00′W;
  2. (b) from there to 49°04′N, 61°00′W;
  3. (c) from there to 48°10.5′N, 61°00′W;
  4. (d) from there to 48°35′N, 62°00′W; and
  5. (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

  1. (a) starting at 48°24′N, 62°00′W;
  2. (b) from there to 48°03′N, 61°07.5′W;
  3. (c) from there to 47°58.1′N, 61°03.5′W;
  4. (d) from there to 47°26.69′N, 62°00′W; and
  5. (e) from there to 48°24′N, 62°00′W.

Part 4

Restricted Area

The restricted area is the area bounded by a line

  1. (a) starting at 48°31.8′N, 63°39.6′W;
  2. (b) from there to 48°24.72′N, 63°17.88′W;
  3. (c) from there to 47°18.84′N, 64°10.8′W;
  4. (d) from there to 47°27.18′N, 64°30.72′W; and
  5. (e) from there to 48°31.8′N, 63°39.6′W.
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