Canada Gazette, Part I, Volume 157, Number 51: Order No. 2 Designating the Tuvaijuittuq Marine Protected Area

December 23, 2023

Statutory authority
Oceans Act

Sponsoring department
Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Executive summary

Issues

The Tuvaijuittuq Marine Protected Area (MPA) is considered globally, nationally and regionally unique due to the presence of multi-year pack ice and is a critically important habitat for Arctic under-ice communities. It also plays an important role for several ice-dependent species. This area represents a portion of the Canadian High Arctic that is projected to retain multi-year ice in the long term. It will likely become an important refuge for ice-associated biota as sea ice loss continues throughout the Arctic due to climate change. Designating this ecologically important area as an MPA through the current Ministerial Order under the Oceans Act has helped to protect and conserve the important biological diversity, unique structural habitat, and ecosystem function within this area, while additional information is collected and conservation tools are assessed for long-term protection.

Fisheries and Oceans Canada (the Department or DFO) and Parks Canada (PC) have been working in collaboration with partners in the north on a multi-phased approach to explore the feasibility of long-term marine protection in this area. The first step to the approach was to make the 2019 Ministerial Order designating the Tuvaijuittuq area as an MPA under the Oceans Act for a period of up to five years, while allowing time to consider long-term marine protection.

On January 9, 2023, the President of the Qikiqtani Inuit Association (QIA) sent a letter to the Minister of Fisheries, Oceans and the Canadian Coast Guard formally requesting that the current Ministerial Order in Tuvaijuittuq be repealed and replaced by a new, similar ministerial order MPA to allow for additional time to complete the feasibility work and consultations with communities, given the delays experienced during the pandemic, and to develop an Indigenous Protected and Conserved Area (IPCA). QIA indicated that the work necessary to develop an IPCA for Tuvaijuittuq will require time that extends beyond the remaining time frame covered by the current Ministerial Order.

The Government of Nunavut has also indicated that there is not enough time under the current Ministerial Order to decide on a long-term protection measure in Tuvaijuittuq, including the work necessary to explore the development of a marine IPCA. The Department agrees with its partners that more time is needed.

To address the above-noted concerns, DFO is proposing to repeal the current Ministerial Order MPA in Tuvaijuittuq and replace it with Order No. 2 Designating the Tuvaijuittuq Marine Protected Area (the proposed Order).

Background

In June 2016, Canada announced a five-point plan to reach its national and international marine conservation targets (MCT) to increase the proportion of Canada’s marine and coastal areas that are protected to 10% by 2020. In Budget 2017, DFO and PC received funding to pursue marine protection initiatives in the High Arctic marine environment, an area commonly referred to as the “Last Ice Area.” In July 2019, the Minister of Fisheries and Oceans designated, by Order, an MPA that encompasses a large portion of the multi-year pack ice in the High Arctic Basin (Tuvaijuittuq) [Figure 1]. The establishment of the MPA via the 2019 Ministerial Order contributed an additional 5.55% to Canada’s MCT, and advanced Indigenous collaboration on marine conservation.

The Tuvaijuittuq MPA overlaps with three ecologically and biologically significant areas that were identified by DFO in 2011. It has also been selected by PC as a candidate site to be part of its system of national marine conservation areas. The importance of this area has been acknowledged by academia and environmental non-governmental organizations who had been calling for its protection in light of the area’s increasing significance in a changing climate.

Figure 1: Map of the Tuvaijuittuq Marine Protected Area

Figure 1: Map of the Tuvaijuittuq Marine Protected Area

Figure 1 is a map of the location of the proposed Tang.ɢwan - ḥačxwiqak - Tsig̱is Marine Protected Area. At the top left of the figure is a bigger scale map which shows the location of the Figure 1 map within Canada. The Figure 1 map encompasses the northwest tip of Washington State in the United States and extends up the western edge of British Columbia in Canada, up to the southwest corner of Alaska. The International Boundaries between Canada and the United States as well as the Limit of the Exclusive Economic Zone of Canada are shown in a dotted line. Vancouver Island and Haida Gwaii are both identified, as is the Pacific Ocean, Queen Charlotte Sound and Hecate Strait. The boundaries of the Tang.ɢwan - ḥačxwiqak - Tsig̱is Marine Protected Area, located in the offshore Pacific Ocean, West of Vancouver Island, is depicted on the map. The Endeavour Hydrothermal Vents Marine Protected Area is depicted within the proposed MPA. The latitudes and longitudes skirt the edge of the map. The scale and north arrow appear on the lower right corner of the map. In the lower left corner is the projection, which is Lambert Conformal Conic, and datum, which is NAD 1983 (CSRS). Also in the lower left corner is a note which states “This map is for illustrative purpose only.”

Rapid changes in the Arctic climate continue to result in the loss of sea ice and, more specifically, multi-year pack ice. These changes are generating new opportunities and challenges for the Arctic such as an extended shipping season and the creation of new shipping routes. These may, in turn, make mining, oil and gas development, commercial fishing, research, and tourism more accessible across the Arctic. These types of activities may pose a risk to the habitat, biodiversity and ecosystem function within the area.

The Tuvaijuittuq Ministerial Order MPA is the first phase of a multi-phased approach to explore the feasibility of long-term marine protection in this area. The Department and PC have been working with Inuit and northern partners on the development of long-term protection for all or part of the Tuvaijuittuq MPA. The work to determine the feasibility of long-term protection has been informed in part by the ongoing DFO-led Multidisciplinary Arctic Program (MAP) – Last Ice. This team has been studying the structure, function and role of the sea-ice associated ecosystem in the Arctic Ocean.

Objective

The proposal’s objective is to repeal the existing Ministerial Order for Tuvaijuittuq and replace it with the proposed Order to provide additional time to: explore the development of a marine IPCA; to meaningfully consult with implicated communities and stakeholders; and to collect additional information (e.g. Inuit Qaujimajatuqangit study and additional scientific research).

Challenges faced by the federal and territorial governments, Inuit partners, and key stakeholders during the 2020-2023 COVID-19 pandemic limited the parties’ ability to conduct the work necessary to implement long-term protections in the area. Repealing the current Ministerial Order in Tuvaijuittuq and replacing it with the proposed Order would provide the additional time required to meaningfully consult with the impacted Inuit communities, to complete a feasibility assessment for the area, and to collaboratively develop and implement long-term protection in Tuvaijuittuq that meets the interests of both Qikiqtani Inuit and the Government of Canada. It would also provide additional time and therefore alleviate the pressures faced by Inuit and the Government of Nunavut as they participate in these processes. These pressures include capacity for participation in light of competing priorities associated with involvement in multiple federal conservation files. By acknowledging these pressures, the proposed Order would significantly contribute to Canada’s commitment to advancing reconciliation and would help maintain existing relationships with key partners. These important partnerships extend to future projects of shared interest such as the advancement of Sarvarjuaq and Qikiqtait Ministerial Order MPAs.

Continued protection for the area would provide time to continue research in support of an evidence-based rationale for long-term protection. Information gathered through these research initiatives would help DFO to better understand the area, provide a baseline for marine research and monitoring, and support outreach to improve public knowledge about the importance of this relatively unknown area of the world. The proposed Order would also ensure that the Tuvaijuittuq MPA continues to contribute 5.55% toward Canada’s MCTs, while long-term protection is being considered.

Repealing the existing Ministerial Order MPA in Tuvaijuittuq and establishing a new ministerial order MPA would secure ongoing benefits for the surrounding communities and Canadians at large.

Description

The Tuvaijuittuq MPA covers an area of 319,411 km^{footnote 2} and includes the marine waters off northern Ellesmere Island starting from the low-water mark and extending to the outward boundary of Canada’s Exclusive Economic Zone (Figure 1). A portion of the area is located within the Nunavut Settlement Area. It also includes the seabed, the subsoil to a depth of five metres and the water column, including the sea ice. A PDF version of plan number FB 42596 and the corresponding Canada Lands Survey Records’ map can be downloaded online (Survey Plan Details | Survey Plan Search [nrcan-rncan.gc.ca]). The initial boundaries of the study area were based on the 2011 Canadian Science Advisory Report (2011/55), which highlighted the ecological and biological importance of the area.

As is the case with the current Ministerial Order, protection via the proposed Order would freeze the footprint of human activities in the area for up to five years. This means that it would be prohibited to carry out any activity that disturbs, damages, destroys or removes from the MPA any unique geological or archaeological features or any living marine organism or any part of its habitat or is likely to do so, except for specific activities listed below. Any activities that occurred, or were authorized to occur via a licence, permit or other such means, in the MPA over the 12 months prior to the 2019 designation, would continue to be allowed as “ongoing” activities in the proposed Order. The proposed Order would not apply with respect to the wildlife harvesting rights of the Inuit in the Nunavut Settlement Area, as provided for in the Nunavut Agreement. Certain activities carried out by a foreign national, entity, ship or state would also continue to be exempt from the application of the prohibitions in the proposed Order.

In 2019, DFO engaged with Canadians and stakeholders and worked with Inuit partners, including Inuit organizations, territorial governments, nearby communities and other federal departments to identify all ongoing and authorized activities in the area in the 12 months leading up to the 2019 designation. Since 2019, DFO has continued to work with Inuit partners and the Government of Nunavut to engage with stakeholders in order to ensure awareness of the proposed Order and to provide opportunities for comment. Based on the information gathered, the proposed Order would again allow the following “ongoing activities” within the MPA:

• marine scientific research activities; and
• national defence activities carried out by the Department of National Defence.

The proposed Order would not apply with respect to

• wildlife harvesting rights of Inuit in the Nunavut Settlement Area, as provided for under the Nunavut Agreement.

Pursuant to paragraph 35.1(2)(d) of the Oceans Act, the following activities carried out by a foreign national, an entity incorporated or formed by or under the laws of a country other than Canada, a foreign ship or a foreign state would be exempted and would continue to be allowed in the MPA:

• marine navigation; and
• the laying, use and maintenance of cables and pipelines.

Subsection 35.1(3) of the Oceans Act identifies certain activities that are allowed in all MPAs. The following activities fall under exceptions prescribed in the Oceans Act:

• activities that are carried out in response to an emergency or that are carried out by or on behalf of Her Majesty for the purpose of public safety, national defence, national security or law enforcement; and
• marine scientific research activities that are consistent with the purpose of the designation of the MPA and, when required, that are authorized under federal laws and laws of a province or a territory.

Regulatory development

Consultation

Between November 18 and December 6, 2022, DFO, PC, the Government of Nunavut and the QIA conducted joint community consultations in Arctic Bay, Clyde River, Grise Fiord, Pond Inlet and Resolute Bay to discuss the Tuvaijuittuq feasibility assessment process, share the results of assessments completed for the area (e.g. ecological overview, preliminary socio-economic assessment, Natural Resources Canada [NRCan] resource and economic assessments), and seek community input on use of the area and perspectives around protection. A small number of individuals from Grise Fiord, Arctic Bay, Pond Inlet and Clyde River may access the Tuvaijuittuq area occasionally for the purposes of conducting rights-based activities.

On January 9, 2023, the QIA wrote a letter to the Minister of Fisheries, Oceans and the Canadian Coast Guard requesting that the current Ministerial Order be repealed and replaced with a new ministerial order (the proposed Order) to provide more time to complete the feasibility assessment and community consultations, and explore the development of an IPCA to fully address the QIA’s vision for Inuit-led conservation and stewardship. In their letter, the QIA indicated that the work necessary to develop an IPCA will require time that extends beyond the current Ministerial Order.

As a result of this understanding, DFO, PC, the QIA and the Government of Nunavut consulted with all five Hunters and Trappers Organizations (HTOs), hamlet councils and communities between April and July 2023, to outline a proposal for repealing and replacing the current Ministerial Order and to seek input on this initiative. Concurrently, DFO and its partners engaged key stakeholders on the proposal. Stakeholders engaged in the process of developing the current (2019) Ministerial Order were re-engaged between July and August 2023, along with additional groups identified since, in collaboration with partners. Stakeholders in Nunavut were engaged through the Nunavut Marine Conservation Target Steering Committee (represented by Environment and Climate Change Canada [ECCC], PC, Crown-Indigenous Relations and Northern Affairs Canada [CIRNAC], Transport Canada [TC], DFO, the Government of Nunavut’s Department of Environment, and Nunavut Tunngavik Inc. [NTI]), the Nunavut Marine Council, the Qikiqtaaluk Wildlife Board, the Nunavut Inuit Wildlife Secretariat, the Nunavut Impact Review Board, the Qikiqtaaluk Corporation, and the Qikiqtaaluk Wildlife Board. Stakeholders in the Inuvialuit Settlement Region were engaged on the proposal through the Beaufort Sea Partnership Regional Coordination Committee, which is comprised of the Inuvialuit Regional Corporation, the Inuvialuit Game Council, the Fisheries Joint Management Committee, PC, CIRNAC, the Government of the Northwest Territories, the Yukon Government, ECCC, NRCan and TC.

Industry and non-government organizations, including the Canadian Marine Advisory Council, the Nunavut Fisheries Association, the Eastern Arctic Groundfish Stakeholder Advisory Committee, the Arctic Security Consultants, Oceans North, the World Wildlife Fund-Canada (WWF-Canada), the Ecology Action Centre, and the Inuit Circumpolar Council were engaged between July and August 2023. Key cruise ship industry stakeholders were also engaged during that period. Of those external stakeholders engaged, only WWF-Canada provided input. This stakeholder was fully supportive of the proposal.

The Nunavut Wildlife Management Board (NWMB) was initially engaged on the proposal in June 2023 via a briefing note and verbal update at its quarterly meeting. Formal submission of the proposal to the NWMB for approval is anticipated at the spring 2024 quarterly meeting, following prepublication in the Canada Gazette, Part I.

In accordance with requirements set out in the Nunavut Agreement, DFO has submitted its proposal for this proposed Order to the Nunavut Planning Commission (NPC) for a conformity determination. This process determines whether or not a project proposal conforms to the appropriate land use plan. The NPC has conducted a review and concluded that a conformity determination is not needed.

Modern treaty obligations and Indigenous engagement and consultation

Information on Indigenous engagement and consultations can be found in the above section. As per the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment was conducted on this proposal. The assessment concluded that implementation of this proposal has an extremely low risk of impacts on the rights, interests and/or self-government provisions of Nunavut Agreement treaty partners. DFO will continue to respect the consultation obligations set out in the Nunavut Agreement as is detailed in this proposal. DFO will also continue with its engagement with the QIA and other governance bodies in the treaty area on policy and program changes as part of the implementation of the Ministerial Order and subsequent work related to the establishment of a conservation area.

Instrument choice

The Oceans Act provides the Minister of Fisheries and Oceans the authority to, by way of a ministerial order, “freeze the footprint” of human activities in an area for a period of up to five years.

The Arctic climate is experiencing rapid change resulting in the loss of sea ice and more specifically, loss of multi-year pack ice. These changes are presenting new opportunities and challenges in the Arctic. For example, warming may result in an extended shipping season and the creation of new shipping routes which, in turn, may make mining, oil and gas development, commercial fishing, research and tourism more accessible across the Arctic. Increased accessibility for these types of activities poses a risk to the habitat, biodiversity and ecosystem function within the Tuvaijuittuq.

Since 2019, efforts have been made to better understand the area and to evaluate and consult on the feasibility of long-term protection options for Tuvaijuittuq. The DFO-led Multidisciplinary Arctic Program (MAP) – Last Ice Program, currently underway in parts of the Tuvaijuittuq MPA, has been studying the multi-year ice ecosystem in Canada’s High Arctic in order to gain essential knowledge to understand the structure, function and role of the sea ice-associated ecosystem in the Arctic Ocean. The MAP-Last Ice Program takes a coordinated approach to integrate the physical, biochemical, and ecological components of the sea ice-ocean connected ecosystem and its response to climate and ocean forcings. Included in this work is evaluating the presence and distribution of marine mammals and their habitat usage of the area.

The COVID-19 pandemic caused unforeseen and significant challenges to the parties’ ability to meaningfully consult with the impacted Inuit communities and to complete its assessment of the feasibility and desirability of long-term protection in Tuvaijuittuq, including components such as a QIA-led Inuit Qaujimajatuqangit study of the Ellesmere Island region and additional scientific research via the MAP-Last Ice Program.

In light of potential increases in the Arctic Ocean’s shipping and exploration pressures, the proposed Order would provide more immediate and interim protection by freezing the footprint of human activities in the area for an additional five years while the Government of Canada, the QIA, and the Government of Nunavut complete their joint assessment and pursue additional consultations on the desirability and feasibility of long-term protection for the area.

Regulatory analysis

Costs and benefits

The cost-benefit analysis (CBA) of this proposed Order considered the impacts on all stakeholders and Inuit Peoples, primarily in qualitative terms. Federal government costs were evaluated quantitatively. The time horizon used for evaluating the potential impacts is five years from 2024 to 2029 and the costs are presented in 2024 dollars using a discount rate of 7%.

Preliminary socio-economic analysis indicates that the proposed designation of Tuvaijuittuq as an MPA under the Oceans Act would result in low costs to businesses, consumers, Canadians and governments. It is unlikely that there would be any interest to undertake additional or new activities in this area during the proposed five-year time frame. The current Ministerial Order has been in place since 2019; as such, replacing the existing Order with the proposed Order, which is very similar, would not result in incremental costs or impacts to businesses or other stakeholders.

There has been limited vessel traffic in the area, both recently and historically. There are no active commercial or recreational fisheries in the proposed MPA and subsistence harvesting is limited or non-existent.

There are no oil and gas licences within the Tuvaijuittuq area, and no offshore wells have been drilled within the MPA boundaries. The Geological Survey of Canada estimates that there is a high probability that petroleum resources are present in the area; however, data is limited due to the remote nature and general inaccessibility of Tuvaijuittuq. Tuvaijuittuq’s thick multi-year pack ice (thickest in the Canadian Arctic) and the expectation that the area will stay covered in summer sea ice longer than any other area in the Canadian Arctic despite climate change and global warming, currently make it inaccessible and therefore it is not possible to physically or economically extract resources in the foreseeable future.

Overall, prospects for development of petroleum resources within the proposed MPA — as early as 2035 or in the very long term with improved ice conditions — remain highly speculative (NRCan, 2022). The area is covered by the 2016 federal indefinite moratorium, reviewed every five years, which prohibits new oil and gas exploration licensing in the Canadian Arctic Ocean. In light of this, no incremental costs to the oil and gas sector are expected as a result of this proposed MPA.

Once the proposed Order is in place, the costs associated with the continued management of the proposed Tuvaijuittuq MPA, including monitoring, enforcement, administration and scientific research, would continue to be carried by the federal government. The establishment of the proposed Tuvaijuittuq MPA is estimated to result in a total cost of $14 million (in 2024 dollars) over the five-year period from 2024 to 2029, or an annual average cost of $3.4 million (in 2024 dollars) to the federal government. These government costs will be funded through existing resources and no new funding will be sought (see annex 4 for details).

As information on the potential ecological outcomes that are attributable to the establishment of the MPA are not readily available, the benefits could not be assessed quantitatively. However, benefits are anticipated via the continued prohibition of certain activities (i.e. freezing the footprint) within the area until long-term protection can be put in place, including

• Ecosystem services: It is believed that Tuvaijuittuq provides unique and invaluable direct and indirect services to society by supporting Arctic marine and ice-associated ecosystems and biodiversity. Tuvaijuittuq is expected to support long-term ecosystem health in High Arctic marine waters by providing refuge for under-ice communities and ice-dependent species as summer sea ice continues to recede. The proposed protection will become especially important in the face of large-scale sea ice declines throughout the Arctic as a result of climate change. Non-use values:^{footnote 1} The communities near the MPA and people residing elsewhere in Canada are expected to derive non-use value from the services provided by the area. Preservation (i.e. maintaining at current levels) and increases in non-use values typically occur over a period longer than five years; however, it is likely that non-use values may increase slightly once people are aware of the fact that steps are being taken to conserve species within the proposed MPA. The efforts taken to protect Tuvaijuittuq may also help to preserve the archaeological, historical and cultural heritage within or adjacent to the proposed area. Preserving natural and cultural resources would benefit Canadians as they learn about the cultural values that exist within the area.
• Research: The proposed Order would continue to support and encourage ongoing research initiatives in the area. New information will continue to help understand the area, provide a baseline for marine research and monitoring, and increase education and public knowledge about the importance of this area.

While the analysis could not quantify the potential benefits or quantitatively compare the present values of costs and benefits, it is believed that any ecological, economic, social and cultural benefits of the MPA would likely outweigh the perceived costs.

Small business lens

The small business lens does not apply as there are no significant increased costs to small businesses as a result of this proposed Order.

“One-for-one” rule

The MPA does not impose any administrative burden on businesses. Therefore, the “one-for-one” rule does not apply.

Regulatory cooperation and alignment

In 2010, Canada committed to the MCTs established under the United Nations Convention on Biological Diversity (CBD), known as Aichi Target 11. This target committed Canada to conserving 10% of coastal and marine areas through networks of protected areas and other effective area-based conservation measures by 2020.

The Tuvaijuittuq MPA contributes 5.55% to Canada’s protected ocean territory, and its establishment allowed Canada to surpass its 2020 Marine Conservation Targets by almost 4%. Canada has committed to meeting its goals to conserve 25% of our lands and waters by 2025, and 30% of each by 2030. A similar commitment of conserving 30% of our lands and waters by 2030 was made globally in December 2022, when Parties to CBD adopted the Kunming-Montreal Global Biodiversity Framework, replacing the CBD’s Strategic Plan for Biodiversity 2011–2020 and its Aichi Targets. Canada’s Exclusive Economic Zone (EEZ) is an area over which Canada exercises certain sovereign rights. Due to the ice-covered conditions of this area, Canada maintains a heightened level of environmental control over vessels. In addition, an agreement between the Government of Canada and the Government of the United States (U.S.) on Arctic Cooperation applies to the MPA to facilitate navigation by icebreakers in their respective Arctic waters. The MPA does not allow domestic commercial shipping, but the proposed Order acknowledges requirements under customary international law, the United Nations Convention on the Law of the Sea, and the Canada–United States agreement.

The MPA also supports other government priorities, including reconciliation with Indigenous Peoples, implementation of land claim agreements, and contributes to the objectives of the jointly developed Inuit Nunangat Policy, developed to promote prosperity and support community and individual well-being throughout Inuit Nunangat with the goal of socio-economic and cultural equity between Inuit and other Canadians.

Strategic environmental assessment

This regulatory initiative fulfills targets and key priorities of the Federal Sustainable Development Strategy (2022-2026) Goal 14 to conserve and protect Canada’s oceans. The protection of Tuvaijuittuq contributes to the United Nations 2030 biodiversity goals and targets for Canada with respect to healthy coasts, oceans, and healthy wildlife populations. This is accomplished through different means, including applying ecosystem-based approaches to management, ensuring that species that are secure remain secure, and developing a solid base of scientific research and analysis on climate change.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required. The proposed Order would repeal the existing Order and replace it with very similar protections. There are therefore no impacts to the environment, either positive or negative, resulting from the proposed Order. However, the ongoing protections resulting from the proposed Order would provide positive impacts for the environment, ensuring continued protection for this unique, critically important habitat in the Canadian High Arctic.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been conducted and no GBA+ impacts have been identified for this regulatory initiative. The Tuvaijuittuq MPA is in a very remote area, far removed from any settled communities. This area is difficult and costly to navigate because of the persistent multi-year pack ice covering the majority of the region, and consequently, very few activities occur in the area. In addition, the designation of the MPA would allow current activities to continue; therefore, no GBA+ impacts are anticipated.

Implementation, compliance and enforcement, and service standards

Implementation and service standards

The proposed Order would come into force upon registration.

To complement the overall direction provided by the proposed Order, an MPA management strategy will be developed based on the regulations and conservation objective, and in accordance with the relevant Inuit Impact and Benefit Agreement (IIBA).

Compliance and enforcement

As the federal authority responsible for the designation and management of this MPA, DFO would have overall responsibility for ensuring compliance and enforcement of this proposed Order. These activities would be carried out through DFO’s official mandate and enforcement responsibilities under the Oceans Act, the Fisheries Act, the Coastal Fisheries Protection Act and other legislation related to fisheries conservation and protection, and maritime security.

Compliance monitoring in the MPA would be accomplished through vessel traffic monitoring and detection via automatic information systems and NORDREG (the Canadian Coast Guard’s Arctic marine traffic system), as well as via aerial surveillance. Monitoring efforts, occurrence reporting, and approaches and strategies to achieve compliance will be outlined in a risk-based enforceable compliance plan.

Enforcement officers designated by the Minister under section 39 of the Oceans Act would enforce the proposed Order. Every person who contravenes the proposed Order would have committed an offence and would be subject to the enforcement measures contemplated under section 39.6 of the Oceans Act.

Under section 39.6 of the Oceans Act, any contravention of the Regulations is punishable by a maximum fine of $8,000,000 for a summary conviction offence, and a maximum fine of $12,000,000 for an indictable offence. Violation of permit and licence conditions, applicable to activities in this MPA, may also result in charges under other applicable Canadian legislation, such as the Fisheries Act, the Coastal Fisheries Protection Act, the Species at Risk Act or other applicable laws or regulations.

Contacts

Bethany Schroeder (she-her)
Regional Manager
Marine Planning and Conservation, Arctic Region
Fisheries and Oceans Canada
Freshwater Institute
501 University Crescent
Winnipeg, Manitoba
R3T 2N6

Elizabeth Edmondson
Acting Manager
Marine Planning and Conservation, National Capital Region
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: DFO.ArcticMPC-ArctiquePCM.MPO@dfo-mpo.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Fisheries and Oceans proposes to make the annexed Order No. 2 Designating the Tuvaijuittuq Marine Protected Area under subsection 35.1(2)^{footnote a} of the Oceans Act ^{footnote b}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Bethany Schroeder, Regional Manager, Marine Planning and Conservation, Arctic Region, Fisheries and Oceans Canada, Freshwater Institute, 501 University Crescent, Winnipeg, Manitoba , R3T 2N6 (email: DFO.ArcticMPC-ArctiquePCM.MPO@dfo-mpo.gc.ca).

Ottawa, December 7, 2023

Diane Lebouthillier
Minister of Fisheries and Oceans

Order No. 2 Designating the Tuvaijuittuq Marine Protected Area

Definitions

Definitions

1 The following definitions apply in this Order.

Agreement

means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993, and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made pursuant to the agreement. (Accord)

Marine Protected Area

means the area of the sea that is designated in section 2. (zone de protection marine)

Marine Protected Area

2 (1) The area of the sea in the Arctic Ocean consisting of the waters off northern Ellesmere Island, as described in plan number FB42596, certified on July 16, 2019 and depicted in plan number CLSR 108395, which plans are deposited in the Canada Lands Surveys Records, is designated as the Tuvaijuittuq Marine Protected Area.

Seabed, subsoil and water column

(2) The Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column, including the sea ice, each of which is below the low-water line.

Ongoing activities

3 For the purposes of paragraph 35.1(2)(a) of the Oceans Act, the following classes of activities are ongoing activities in the Marine Protected Area:

• (a) national defence activities carried out by the Department of National Defence; and
• (b) marine scientific research activities.

Prohibitions

4 (1) It is prohibited in the Marine Protected Area to carry out any activity — other than those set out in paragraphs 3(a) and (b) — that disturbs, damages, destroys or removes from the Marine Protected Area any unique geological or archeological features or any living marine organism or any part of its habitat, or is likely to do so.

Exemption

(2) Despite subsection (1), the following activities may be carried out in the Marine Protected Area:

• (a) marine navigation by a foreign national, foreign ship or foreign state or an entity incorporated or formed by or under the laws of a country other than Canada; and
• (b) the laying, maintenance and repair of cables and pipelines by a foreign state.

Non-application – Nunavut Agreement

5 This Order does not apply with respect to the wildlife harvesting rights of the Inuit as provided for in the Agreement.

Repeal

6 The Order Designating the Tuvaijuittuq Marine Protected Area ^{footnote 2} is repealed.

Coming into Force

Registration

7 This Order comes into force on the day on which it is registered.

Terms of use and Privacy notice

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Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.

Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that public email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.

You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.