In 2015, Ministerial mandate letters charged three federal Ministers with responsibility for reforms on fisheries, protected areas, shipping, and wildlife protection. These commitments, along with the Oceans Protection Plan announced a year later, have resulted in tremendous change in the ocean’s legal landscape in Canada. A new report from SeaBlue Canada charts this progress.

Since 2015, Canada has increased both the quality and the quantity of ocean protection in Canadian waters. Today, it was announced that in just four years, the percentage of ocean under protection leapt from just over one percent to more than 13 per cent. Marine protected areas have been established in all three ocean basins.

In addition, Canada has committed to new national marine protection standards, which prohibit oil and gas development, mining, dumping and bottom trawling in all new national MPAs. There is still work to be done, including writing these new protection standards into law, and extending them to marine refuges put in place under the Fisheries Act, as well as creating a process to recognize and fund Indigenous Protected and Conserved Areas in the marine environment.

With the global ocean facing increasing risk from the effects of climate change, pollution and industrial activity, the need to protect ocean ecosystems and increase resilience is clear, and MPAs are effective in providing refuge for species and habitats that are sensitive to threats. While MPAs are one important tool, it is necessary to ensure that 100 per cent of our ocean is well managed to continue to provide for sustainable livelihoods and biodiversity protection.

Photo by Nick Hawkins.

Bill C-55, which includes important and much-needed changes to Canada’s Oceans Act and the Canada Petroleum Resources Act recently passed royal assent. The Oceans Act has particular significance for marine conservation, as it is Canada’s marine protection and management law. Originally passed in 1996, it guides the creation of Marine Protected Areas in Canada’s coastal and ocean waters. The changes introduced through Bill C-55 have been applauded by environmental groups across Canada as an important step for marine protection in the face of increasing risks to the marine environment brought on by climate change, pollution and industrial development.

Bill C-55 will:

1. Protect important biodiversity areas, fast. C-55 Allows for interim protection of important ocean areas, which ensures that human impacts do not increase until  protection measures can be agreed upon by stakeholders and rightsholders. 
2. Streamline a previously inefficient process and allow for more effective protection of the marine environment. Canada’s marine protected areas have tended to take ~6-8 years, frustrating stakeholders and rights holders, and failing to engage the Canadian public.
3. Enshrine the ‘precautionary approach’, a key tenet of modern conservation which reinforces the duty to prevent harm in the face of scientific uncertainty. C-55 helps decision-makers do what is right for biodiversity, species at risk and valuable fish stocks by incorporating the precautionary approach and the concept of ecological integrity – both of which are critical factors in protecting the ocean.
4. Enable the creation of marine protected area network plans, the gold standard in ocean protection.  Networks allow for connectivity between protected areas and can lead to improved biodiversity conservation, as well as allowing for the inclusion of various tools for protection within a network. 

C-55 also amends the Canada Petroleum Resources Act, which allows government to follow through on the commitment made earlier this year to prohibit oil and gas, along with other industrial activities, within MPAs. Bill C-55 is an important step on the path towards ocean protection and reflects two decades of progress in ocean law and science. These updates are an important milestone in Canada’s ocean legacy, and sets a new foundation for marine conservation in Canada. 

Photo by Nick Hawkins.

Last month, the Government of Canada announced that all newly created marine protected areas (MPAs) will now prohibit oil and gas, bottom trawling, mining and dumping within their limits, marking an important step for marine conservation.

Canada, which has the longest coastline of any country, has committed to protecting 10% of its coasts and ocean by 2020, in line with international biodiversity targets.

While many new MPAs have been created since the target was set, there have been numerous concerns about the quality of protection, and the fact that harmful activities may still be allowed within protected areas.

In order to reach its protection targets, Canada has used powers under the Fisheries Act to protect 4.48% areas contributing to the 10% target. Known as “marine refuges,” these areas are distinct from MPAs, which are designated under the Oceans Act. Until now, Canada has been counting these refuges towards its protection target even though they remained open to harmful industrial activities such as oil and gas extraction. A case-by-case approach will be applied for allowances for industrial activities, with the Minister of Fisheries and Oceans having the ultimate say in the matter. With this announcement, Canada has also clarified that marine refuges where oil and gas is allowed will not count towards conservation targets.

“Overall, this is a major step forward for marine protection in Canada,” says Marine Conservation Specialist, Jordy Thomson of the Ecology Action Centre. By imposing a strong set of standards for MPAs, as well as clarifying what counts towards the 10% target, Canadians can now have more confidence that these protections are meaningful and keep destructive activity out of important areas and away from sensitive and vulnerable marine species.

Canada has now also officially designated the Laurentian Channel as an MPA under Canada’s Oceans Act. The Channel is an important migratory passage for right whales, leatherback turtles and many other species. This 11,580–square-kilometre submarine valley will become the largest protected area in Atlantic Canada, bringing Canada’s total marine protection to 8.27%.

In 2017 and 2018, public outcry about oil and gas development in the Laurentian Chanel resulted in more than 70,000 Canadians urging the Federal Government to improve protection and bar oil and gas. “Over the last couple of years, concerned citizens sent thousands of emails to the office of Prime Minister Justin Trudeau, which is now resulting in stronger protections for Canada’s wildlife.” Said WWF-Canada President, Megan Leslie. “This is proof that when we speak up for wildlife, we can make a difference. This important first step in protecting critical habitats will give marine species safe havens that are free of seismic blasting and drilling.”

The Canadian government is now in the process of modernizing its Fisheries Act and amending both the Oceans Act and the Canada Petroleum Resources Act. When passed into law, these reforms will provide a strong backbone for protecting both marine species and the Indigenous and coastal communities that depend on them.