Regulations Repealing the Sable Island Regulations (Miscellaneous Program): SOR/2024-232
Canada Gazette, Part II, Volume 158, Number 25
Registration
SOR/2024-232 November 22, 2024
CANADA SHIPPING ACT, 2001
P.C. 2024-1237 November 22, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Repealing the Sable Island Regulations (Miscellaneous Program) under subsection 274(2) of the Canada Shipping Act, 2001 footnote a.
Regulations Repealing the Sable Island Regulations (Miscellaneous Program)
Repeal
1 The Sable Island Regulations footnote 1 are repealed.
Coming into Force
2 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Sable Island is an isolated, crescent-shaped island located in the Atlantic Ocean about 290 km southeast of Halifax, Nova Scotia. Until 2013, the Sable Island Regulations, which were made under the authority of the Canada Shipping Act, 2001 (CSA 2001), governed access to Sable Island, construction permissions, and measures to be taken when finding a wreck on the Island.
On December 1, 2013, Bill S-15, An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001 (Bill S-15), officially brought the Sable Island National Park Reserve under the protection of the Canada National Parks Act (CNPA), which is the legislative framework now best suited for the protection of natural areas like Sable Island.
With the creation of the Sable Island National Park Reserve of Canada, the rules surrounding the administration of Sable Island passed on to the CNPA and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. As a result, the Sable Island Regulations have been rendered redundant and obsolete and, therefore, need to be repealed.
Objective
The objective of the Regulations Repealing Sable Island Regulations (Miscellaneous Program) is to repeal the Sable Island Regulations, which have no current application. This repeal will reduce the existing stock of regulations and eliminate any ambiguity about the application of requirements in the Sable Island Regulations.
Description and rationale
The Regulations Repealing Sable Island Regulations (Miscellaneous Program) repeal the Sable Island Regulations.
As Bill S-15 repealed section 134, paragraphs 136(2)(a) and (b) and section 139 of the CSA 2001, the CSA 2001 no longer provides legislative authority for Sable Island Regulations. The governing authority for the Sable Island National Park Reserve has been centralized, with other Canadian national parks and park reserves, under the CNPA. Sable Island National Park is now subject to the National Parks General Regulations made under the CNPA, which enables Parks Canada to control access to the island.
Transport Canada (TC) conducts periodic reviews (stock reviews) of the regulations within its purview to ensure that these regulations remain current, effective and efficient. In May 2022, as part of a review of regulations made under the CSA 2001, TC identified that the Sable Island Regulations have no current application and, therefore, should be repealed.
This repeal is not expected to result in any impacts for stakeholders or Canadians. The Sable Island Regulations have not been administered or enforced since 2013, when governing provisions related to the Sable Island National Park were moved to the CNPA and their administration transferred to Parks Canada.
Transport Canada consulted with Parks Canada regarding the repeal and no concerns were raised.
One-for-one rule and small business lens
The one-for-one rule applies since a regulatory title is removed and the proposal is considered a title out.
Analysis under the small business lens determined that the proposal will not impact small businesses in Canada.
Implementation, compliance and enforcement, and service standards
Implementation
These Regulations come into force on the day on which they are registered.
Contact
Mélanie Charbonneau
Manager
Regulatory Development and Program Integration
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca