Federal and provincial legislation

Page - June 16, 2008

Federal marine protection

Under the Oceans Act, the federal Department of Fisheries and Oceans can establish Marine Protected Areas in marine waters under Canada's jurisdiction for the conservation and protection of fish and other living marine resources and their habitats; of marine areas of high biodiversity or biological productivity; of unique habitats; or any other reason pursuant to the mandate of the Minister. Under the Migratory Birds Convention Act and the Canada Wildlife Act, Environment Canada can establish Migratory Bird Sanctuaries which serve to protect coastal and marine habitats that are heavily used by birds for breeding, feeding, migration and overwintering. In addition, National Wildlife Areas (on land and in water up to 12 nautical miles) and Marine Wildlife Areas (beyond 12 nautical miles) are established to set aside important wildlife habitats for research, conservation and public education. Lastly, under the National Parks Act, Parks Canada can establish Marine Conservation Areas aimed at protecting and commemorating the country's natural and cultural heritage within the three oceans that border the country and the Great Lakes.

Provincial marine protection

Provincial governments may also establish protected areas in their various regions. For example, in B.C., under the Parks Act and the Ecological Reserve Act, the Department of Water, Land and Air Protection can establish marine parks and ecological reserves where a marine component can be established.

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