Biodiversity Protection Provisions (s.43.3 of the Fisheries Act)

Enabling act(s): Bill C-68, following Royal Assent

Description of the objective

The Government of Canada has committed to protecting 5% of marine and coastal areas by 2017, and 10% by 2020. A key part of Canada's plan to meet these targets is the establishment of Marine Refuges that qualify as “other effective area-based conservation measures” (“other measures”) according to Fisheries and Oceans Canada's (DFO) science-based marine criteria.

The legislative tools that are currently used for the creation of Marine Refuges in Canada's oceans are licence conditions or variation orders. However, these tools are not specifically designed to address long-term biodiversity objectives, and are subject to adjustments or cancelation at any time.

Proposed amendments to the Fisheries Act would provide the Minister with authority to make regulations to establish long term spatial restrictions to fishing activities under the Fisheries Act, specifically for the purpose of conserving and protecting marine biodiversity. This would address stakeholder concerns that variation orders and licence conditions are not in their view, long-term enough in nature to meet the standard for “other measures”.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Establishing Marine Refuges via ministerial regulations contributes to Canada's efforts to implement measures relating to several international agreements, the most significant being the Convention on Biological Diversity. In 2010, the "Strategic Plan for Biodiversity 2011-2020 and the Aichi Targets" resulted from the Convention. Target 11 stipulates that: "By 2020… 10% of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape." The establishment of the Marine Refuges via ministerial regulations would contribute to meeting this international objective, by demonstrating the long term intent for these “other effective area-based conservation measures.”

Public consultation opportunities

The concept of replacing existing Marine Refuges and creating new ones by ministerial regulations for the purpose of biodiversity protection has been included in broad engagement activities undertaken by DFO in relation to Bill  C-68 .

Following Royal Assent of the Bill C-68,  An Act to amend the Fisheries Act and other Acts in consequence, (anticipated early 2019), ministerial regulations will be made for all existing Marine Refuges, under the new regulatory authority to make biodiversity protection regulations.

Regulations will also be made for new marine refuges that have not yet been announced at the time of Royal Assent.

Provincial and territorial governments, Indigenous groups and co-management partners, Implicated fisheries advisory committees, and Environmental Non-Governmental Organizations will be engaged and consulted on these regulations.

Further policy work is needed to determine application of the biodiversity provisions to marine refuges, including considerations related to the form that the regulations will take. For example, the regulations for all existing Marine Refuges could potentially be addressed through one regulation per coast, a Canada-wide regulation, or batched in another manner. Addressing these policy issues will influence the timing of engagement on the new ministerial regulations.

Further information

• General information about all existing marine refuges can be found here: List of marine refuges
• A geospatial dataset can be downloaded here: Other Effective Area-Based Conservation Measures

The two web pages above provide are for information purposes only, and should not be considered legally authoritative. Please contact your local fishery officer for official coordinates and information about these closures.

Departmental contact

Hilary Ibey
Marine Conservation Operations
Telephone: 613-295-1022
Email: hilary.ibey@dfo-mpo.gc.ca

Brett Gilchrist
Assistant Director, Integrated Resource Management
Telephone: 613-998-1779
Email: Brett.Gilchrist@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2018