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Marine Protected Areas (MPA) Protection Standard

Federal Marine Protected Areas, Protection Standard 2023

Federal Marine Protected Areas
Protection Standard 2023
(PDF, 498 KB)

The purpose of the MPA Protection Standard is to provide greater consistency and clarity on prohibited activities in federal MPAs. It will help safeguard areas of our oceans that need protection from the potentially harmful effects of industrial activities.

This standard is based on a recommendation from the National Advisory Panel on MPA Standards.

The panel recommended:

That the government adopt International Union for the Conservation of Nature standards and guidelines for all marine protected areas, therefore prohibiting industrial activities, such as oil and gas exploration and exploitation, mining, dumping and bottom trawling.

The recommendation was the result of 6 months of extensive engagement across Canada:

The Government will implement protection standards in our new marine protected areas… This includes prohibiting oil and gas exploration and exploitation, mining, dumping and bottom trawling in all new marine protected areas.

Jonathan Wilkinson, (former) Minister of Fisheries, Oceans and the Canadian Coast Guard
Government of Canada Response to the National Advisory Panel’s Final Report, April 2019

In 2020, a federal Task Group was established to develop further specificity for each activity subject the standard. As a result of the Task Group’s work, the names of the activities have been updated to reflect the Government’s legal framework for them.

On this page:

About MPAs

A marine protected area, commonly called an MPA, is a part of the ocean that is legally protected and managed to achieve the long-term conservation of nature.

MPAs may allow some current and future activities depending on their impacts to the ecological features being protected.

MPAs provide many benefits for Canadians, including environmental, economic, social and cultural contributions.

The Laurentian Channel Oceans Act MPA, established in April 2019, was the first to apply the MPA Protection Standard.

Scope of application

The government plans to apply the MPA Protection Standard through legal mechanisms to the following MPAs established by federal departments and agencies after April 25, 2019:

The protection standard applies only to activities occurring within MPA boundaries.

For MPAs established before April 25, 2019, please see each activity section.

The MPA Protection Standard will not apply to MPAs:

Where MPAs are established using both a federal law and a separate but complementary provincial or territorial law, the MPA Protection Standard may only apply to the federal MPA.

General Exceptions

The MPA Protection Standard does not apply to any activity conducted for the following reasons:

  1. public and vessel safety (the MPA Protection Standard does not apply to ballast-water exchanges and releases because these are necessary for the safe navigation of a vessel)
  2. national defence
  3. national security
  4. law enforcement
  5. responding to an emergency
  6. Aboriginal and treaty rights
  7. in adherence with international law
  8. any other matter the Minister deems necessary for the purpose of implementing the MPA Protection Standard

While activities conducted under these 8 general exceptions are not subject to the MPA Protection Standard, they may be prohibited or further restricted according to individual protected area and other marine laws.

Activities subject to the MPA protection standard

Oil and gas exploration, development, and production

For MPAs established after April 25, 2019

New MPAs will prohibit any regulated oil and gas activity conducted for the purpose of oil and gas exploration, development, and production, where that activity would occur inside a newly established MPA.

Examples of prohibited petroleum (i.e. oil and natural gas) activities inside federal MPAs include, but are not limited to:

Specific exceptions for new MPAs

Environmental effects monitoring, in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

Existing MPAs will be reviewed to seek the voluntary relinquishment of any existing oil and gas licences.

Should licences not be relinquished in these areas, the portion of the MPA that overlaps with the licence area would no longer contribute to Canada’s marine conservation targets.

Note:

Mineral exploration and exploitation

For MPAs established after April 25, 2019

New MPAs will prohibit persons from exploring or exploiting minerals, aggregates or any other inorganic matter.

Specific exceptions for new MPAs

Restoration, conservation and/or scientific research activities, as identified by MPA governance and in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

Mineral exploration and exploitation does not currently occur in existing MPAs.

Disposal at sea of waste and other matter, dumping of fill, deposit of deleterious drugs and pesticides, and enhanced restrictions on vessel discharges

These activities comprise the “dumping” category of activities in the Government’s 2019 response.

Disposal at sea of waste and other matter

For MPAs established after April 25, 2019

Permits will not be issued for the disposal at sea of the following regulated substances in new MPAs:

Specific exceptions for new MPAs

Disposal at sea of dredged material and inert, inorganic geological matter of natural origin used for restoration or conservation purposes, as identified by MPA governance and in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

Permits will not be issued for the disposal at sea of waste and other matter in existing MPAs.

Dumping of fill

For MPAs established after April 25, 2019

Permits will not be issued for the dumping of fill in new MPAs.

Specific exceptions for new MPAs

Restoration or conservation purposes, as identified by MPA governance and in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

Permits will not be issued for the dumping of fill in existing MPAs.

Deposit of deleterious drugs and pesticides

For MPAs established after April 25, 2019

The deposit of deleterious drugs and pesticides will be prohibited in new MPAs.

Specific exceptions for new MPAs

Restoration or conservation purposes, as identified by MPA governance and in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

The deposit of deleterious drugs and pesticides will continue to be prohibited in existing MPAs.

Enhanced restrictions on vessel discharges

Additional limitations or prohibitions are proposed for the following vessel discharges up to 12 nautical miles in existing and new MPAs:

Voluntary measures for these substances, with the addition of garbage (including food wastes) and noxious liquid substances, will be pursued in the Exclusive Economic Zone (EEZ), 12-200 nautical miles from shore, where possible.

Specific exceptions for new MPAs

Increased restrictions on vessel discharges will be implemented where possible, noting that standard technical and operational exceptions will vary according to type of discharge.

For MPAs established before April 25, 2019

Any increased restrictions on vessel discharges in the Territorial Sea up to 12 nautical miles may apply to existing MPAs, and voluntary restrictions may be pursued in existing MPAs in the EEZ, where possible.

Bottom-trawl gear

For MPAs established after April 25, 2019

The following bottom-trawl gear will be prohibited in new MPAs:

Bottom-trawl gear types also include, in cases where they are designed or modified to make contact with the seabed (including partial and/or occasional contact):

For further clarity, midwater gear listed above would be prohibited where modified to make seabed contact.

Specific exceptions for new MPAs

Bottom-trawl gear used in Aboriginal and treaty rights-based fisheries and for scientific research pertaining to MPA management, advancing marine ecological science or fisheries management, in alignment with the MPA’s (conservation) objectives, determined on a case-by-case basis.

For MPAs established before April 25, 2019

Existing MPAs will be reviewed as part of their ongoing management cycles to determine the compatibility of bottom-trawl gear:

Where this gear is determined to be incompatible, its use would be prohibited.

Mobile, bottom contact, trawl or dredge gear is defined as follows:

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