Canada’s Legislative Mandate for Marine Conservation

Canada is not without laws to protect its marine environments. In 1997 Canada passed the Oceans Act. In 2002, under the direction of the Oceans Act, the federal government developed the Oceans Strategy, which outlines a strategic path for realizing international commitments and domestic mandates for marine conservation through an ecosystem-based management approach. Under section 35(2), the Act directs the Minister of Fisheries and Oceans to "lead and coordinate the establishment of a national system of marine protected areas on behalf of the government of Canada".

Sadly, Canada is failing to meet its commitments. Other nations, including the United States, Australia, and New Zealand, which made commitments to ocean strategies about the same time Canada did in 1997, have moved far ahead of us in planning, protecting, and managing marine biological resources within their economic zones.

Although the federal government did contribute to the Oceans Strategy in 2005 when it allocated $28 million to the first phase of the Oceans Action Plan, it has not established any new marine protected areas nor has it ratified any comprehensive marine-use plans. For the 2007 federal budget, environmental organizations and the Department of Fisheries and Oceans were looking for several hundred million dollars to proceed with Phase II of the Oceans Action Plan. This would have enabled a comprehensive planning process, essential scientific research, and the designation of many new marine protected areas, as well as management reforms necessary for a conservation-based approach. Unfortunately, the government has directed less than $19 million toward ocean-conservation efforts under the Oceans Action Plan. This seriously hampers Canada’s ability to realize its Oceans Act mandate. Sensitive and important marine areas will remain unprotected and poorly managed until the government allocates more resources to this important issue.

Canada also has commitments under the Migratory Birds Convention Act and the National Marine Conservation Areas Act.

National marine conservation areas are marine areas managed for sustainable use and containing smaller zones of high protection. They include the seabed, the water above it, and any species that occur there. They may also take in wetlands, estuaries, islands, and other coastal lands.

To date, Canada has two marine conservation areas, with three more proposed:

1. Saguenay-St. Lawrence Marine Park in Quebec; surface area 1,138 square kilometres

2. Fathom Five National Marine Park, in the Georgian Bay, Ontario

The proposed areas are at Lake Superior in Ontario and Gwaii Haanas and the Southern Strait of Georgia in B.C.