Bill C-10 · 37th Parliament · Jean Chrétien
Canada National Marine Conservation Areas Act
An Act respecting the national marine conservation areas of Canada
Government bill. Became law.
- IntroducedFeb. 20, 2001
- Debated in principleMay 16, 2001
- Studied by a committeeDone
- Passed its first chamberNov. 27, 2001
- Passed the second chamberJune 11, 2002
- Became lawJune 13, 2002
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Jean ChrétienPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
71% of the text as introduced was changed or removed by the time it became law (6,943 words introduced, 7,237 passed). A committee amended it.
substantial changeintent mostly kept
The bill underwent substantial revisions during passage, with 71% of the introduced text removed or replaced and several new clauses added. Core goals of establishing marine conservation areas remained intact, but wording was refined for aboriginal involvement, zoning, and title issues.
- New subsection clarified that the Act applies to reserves exactly as to marine conservation areas.
After: “(4) This Act applies to a reserve as if it were a marine conservation area.”
How precisely it is written
vagueChallenging the law: ModerateDisputing a charge: Moderate
The Act mixes fixed numbers and timelines with repeated subjective phrases that turn on ministerial or court opinion. This leaves core questions of scope and compliance open to prolonged argument.
Open to argument
“other persons and bodies that the Minister considers appropriate”
The undefined standard lets the Minister decide who must be consulted, creating uncertainty about required process.“any action the court considers appropriate to remedy or avoid any harm”
The open-ended test invites case-by-case judicial discretion rather than predictable rules.“on reasonable grounds, the warden or officer believes has committed or is about to commit”
Reliance on an officer's belief invites factual disputes over the threshold for arrest or seizure.“if the Governor in Council is satisfied that the exemption is necessary”
A subjective satisfaction test replaces an objective criterion for granting exemptions.
Clear-cut
“guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000”
Exact monetary limits and offence classification give clear penalty ranges.“within five years after a marine conservation area is estab”
A fixed calendar deadline removes discretion over when the management plan must be prepared.“is committed or continued on more than one day, it constitutes a separate offence for each day”
The per-day rule supplies an objective counting mechanism for ongoing breaches.
Discretion. Broad power is left to the Minister to decide consultation lists, plan contents, zoning, exemptions and regulatory details, and to courts to craft remedial orders based on their view of appropriateness.
Challenging the law itself. Repeated subjective standards such as 'considers appropriate' and 'reasonable grounds' could ground a vagueness or overbreadth claim under section 7 of the Charter.
Disputing a charge under it. A person facing charges could readily dispute whether an officer's 'reasonable grounds' existed or whether conduct matched the Minister's chosen regulatory prohibitions.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
partly effective
The Canada National Marine Conservation Areas Act has enabled the establishment of 5 NMCAs representing 6 of 29 marine regions and ~123,490 km², with requirements for management plans and biennial progress reports. However, official audits conclude that federal agencies including Parks Canada are not on track to meet marine protection targets of 25% by 2025 or a representative network by 2030.
- Auditor General of Canada - Establishing Marine Protected Areas (2025)auditFisheries and Oceans Canada, Parks Canada, and Environment and Climate Change Canada were not on track to establish protected areas covering 25% of marine and coastal ecosystems by 2025, with only 15.5% achieved as of March 2025, despite some foundational steps.
- Parks Canada - National marine conservation areasevaluationFive NMCAs have been established under the Act, representing 6 of 29 marine regions and contributing 2.12% to Canada's marine protection total, with commitments for 10 new ones by 2030.
- Auditor General of Canada - Federal-Indigenous Management of Protected Areas (2025)auditFederal organizations have built relationships with Indigenous partners for cooperative management of areas including NMCAs under the Act, supporting reconciliation objectives.
- Parks Canada Departmental Sustainable Development Strategy Report 2023-2024evaluationThe NMCA system remains 21% complete with six of 29 regions represented; feasibility assessments advanced for several proposed sites but no new NMCAs established in the reporting period.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.