Order Designating the Sarvarjuaq Marine Protected Area: SOR/2026-58

Canada Gazette, Part II, Volume 160, Number 7

Registration
SOR/2026-58 March 24, 2026

OCEANS ACT

Whereas the annexed Order designates the Sarvarjuaq Marine Protected Area in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament;

Therefore, the Minister of Fisheries and Oceans makes the annexed Order Designating the Sarvarjuaq Marine Protected Area under subsection 35.1(2)footnote a of the Oceans Act footnote b.

Ottawa, March 20, 2026

Joanne Thompson
Minister of Fisheries and Oceans

Order Designating the Sarvarjuaq Marine Protected Area

Definitions

1 The following definitions apply in this Order.

Marine Protected Area
means the area of the sea that is designated in section 2. (zone de protection marine)
Nunavut Agreement
means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993 and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made under the agreement. (Accord du Nunavut )

Designation of Marine Protected Area

2 (1) The area of the sea in the Arctic Ocean consisting of a part of the waters of Baffin Bay and Nares Strait — as described in field book FB44739 CLSR, certified on November 1, 2024 and depicted in plan 113360 CLSR, which are both deposited in the Canada Lands Surveys Records — is designated as the Sarvarjuaq Marine Protected Area.

Seabed, subsoil and water column

(2) The Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column above the seabed, including the sea ice, each of which is below the low-water line.

Ongoing activities

3 For the purposes of paragraph 35.1(2)(a) of the Oceans Act, the following classes of activities are ongoing activities in the Marine Protected Area:

Prohibitions

4 (1) It is prohibited in the Marine Protected Area to carry out any activity — other than those that are part of a class of activities set out in section 3 — that disturbs, damages, destroys or removes from the Marine Protected Area any unique geological or archeological features or any living marine organism or any part of its habitat, or is likely to do so.

Exemption

(2) Despite subsection (1), the laying, maintenance and repair of cables and pipelines by a foreign state may be carried out in the Marine Protected Area.

Non-application

5 This Order does not apply with respect to the exercise of rights of the Inuit as provided for in the Nunavut Agreement.

Coming into force

6 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Executive summary

The North Water Polynya (Sarvarjuaq/Pikialasorsuaq) region is a unique and critically important habitat in Canada’s High Arctic. It is located in northern Baffin Bay between Canada and Greenland. “Sarvarjuaq” is the name Qikiqtani Inuit of Canada give to that portion of the North Water Polynya that falls within Canadian waters. Fisheries and Oceans Canada (DFO), the Government of Nunavut (GN) and the Qikiqtani Inuit Association (QIA) are working together to ensure the Sarvarjuaq Study Area is protected, while long-term protection options, including an Inuit Protected and Conserved Area (IPCA), are explored.

As part of this joint effort, the Minister of Fisheries and Oceans made the Order Designating the Sarvarjuaq Marine Protected Area (Ministerial Order MPA) under subsection 35.1(2) of the Oceans Act. This Ministerial Order MPA freezes the footprint of activities in the area for a period of up to five years. This means that no new human activities, other than Inuit activities provided for in the Nunavut Agreement, and activities otherwise subject to the statutory exceptions provided for under subsection 35.1(3) of the Oceans Act, are allowed in the area for the duration of the Ministerial Order MPA. Activities that have lawfully occurred in the area over the 12 months prior to designation (or that were authorized by federal or territorial permit, licence, or some other form of express authorization to occur, but have not yet taken place) are allowed to continue for the duration of the Ministerial Order MPA. In addition, marine scientific research, and activities carried out for purposes of public safety, national defence, national security or law enforcement, or in response to emergency situations, are already covered by the statutory exceptions set out under subsection 35.1(3) of the Oceans Act and are therefore allowed. Marine cable laying, maintenance and repair activities carried out by a foreign national, entity, ship, or state, are also exempted and therefore allowed to be carried out in the Sarvarjuaq Ministerial Order MPA.

Both scientific research and Inuit knowledge have identified Sarvarjuaq as a critical ecological feature of this region of the Canadian Arctic. For millennia, Inuit have regarded this region as a place of great cultural and spiritual significance, and rely on the sea ice/ice edge environment as an important hunting ground and transportation corridor. The area supports a large variety of marine life, including algae, fish, seabirds and marine mammals, and provides a key habitat for migratory species. The ice bridges that form north of the polynya are traditional travel routes for Inuit, connecting Canadian communities to Greenlandic communities. In 2022, the QIA identified this area in their Regional Prospectus as potentially contributing to a network of protected areas across the Qikiqtani Region, focusing on Inuit-led conservation and stewardship.

The North Water Polynya is one of the largest recurring polynyas — a recurrent area of thin ice and open water that occurs in winter at a location where nearby ice is appreciably thicker — in the Arctic, which supports high productivity and biodiversity. In 2011, DFO identified this area as an Ecologically and Biologically Significant Area (EBSA) based on its biological importance. In 2013, the Inuit Circumpolar Council (ICC), Canada, and Greenland noted that the North Water Polynya is threatened by rapid changes influenced by internal and external factors, including climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. In 2021, a DFO Canadian Science Advisory Secretariat peer-reviewed process reached a similar conclusion, identifying climate change as the area’s greatest stressor. Designating an MPA under the Oceans Act in the area provides a regulatory mechanism to help conserve and protect the area and the natural resources it supports.

The Sarvarjuaq Ministerial Order MPA contributes 1.28% to Canada’s Marine Conservation Targets (MCT) of conserving 30% by 2030, and advances Indigenous leadership and collaboration in marine conservation stewardship. The Ministerial Order MPA also advances Canada and Canadian Inuit leaders’ 2019 commitment to work in partnership with the governments of Denmark and Greenland to advance the sustainable marine management and environmental protection of Sarvarjuaq. Making the Ministerial Order MPA also fulfils the QIA’s 2020 commitment to work with the Government of Canada to ensure the protection of the Sarvarjuaq Study Area. The Ministerial Order MPA provides short-term protection of the area, while DFO and its partners work collaboratively to explore long-term conservation measures, including the development of an Inuit Protected and Conserved Area (IPCA) that upholds Inuit-led conservation and stewardship. Protection of the Sarvarjuaq area is also a commitment under the SINAA Agreement (formerly known as the Qikiqtani Project Finance for Permanence initiative). This collaborative approach supports QIA’s regional and integrated approach to conservation for the Qikiqtani Region and seeks to advance reconciliation and promote Inuit self-determination.

The Ministerial Order MPA does not apply with respect to Inuit rights as provided for under the Nunavut Agreement.

Issues

For millennia, Inuit have regarded Sarvarjuaq as a place of great cultural and spiritual significance, and rely on the sea ice/ice edge environment as an important hunting ground and transportation corridor. The Sarvarjuaq Study Area, located in the North Water Polynya in Northern Baffin Bay (Figure 1), is one of the largest (80 000 km2) polynyas (i.e. a recurrent area of thin ice and open water during winter surrounded by thicker pack ice) in the Arctic, and is well known for its early (in the season) and reliable productivity and high biodiversity. The polynya provides a critical habitat for a number of marine mammal species, such as Atlantic walrus (Odobenus rosmarus rosmarus), beluga (Delphinapterus leucas) and bowhead whale (Balaena mysticetus), narwhal (Monodon monoceros), ringed seal (Pusa hispida), bearded seal (Erignathus barbatus) and polar bear (Ursus maritimus), as well as sea birds, fish and other marine life. The Sarvarjuaq area is home to an estimated 60 million birds, including the endangered ivory gull (Pagophila eburnea), and the largest aggregation of dovekies/little auks (Alle alle) on earth.

Sarvarjuaq is threatened by rapid change influenced by internal and external factors such as climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. Protection of Sarvarjuaq through a Ministerial Order MPA under the Oceans Act was implemented with the support of the Qikiqtani Inuit Association (QIA) and adjacent communities as an initial conservation and protection approach, while Fisheries and Oceans Canada (DFO) collaborates with its partners to consider options for long-term protection, including an Inuit Protected and Conserved Area (IPCA). On February 27, 2025, DFO and Environment and Climate Change Canada (ECCC) signed the SINAA Agreement with the QIA and Pew Charitable Trusts (representing the philanthropic donors), which includes a shared commitment to advance the protection of the Sarvarjuaq MPA. The SINAA Agreement is a historic Indigenous-led project in the Qikiqtani region of Nunavut. Through funding from the Government of Canada and philanthropic donors, the SINAA Agreement will enable the Inuit partner to implement its regional conservation model over almost one million square kilometres of lands and waters in the Qikiqtani region.

This phased approach to protection is supported by local communities. This initiative helps the Government of Canada and its partners, the QIA and the Government of Nunavut (GN), to advance reconciliation and Inuit self-determination in Nunavut. This approach also aligns with the jointly developed the Inuit Nunangat Policy, developed to promote prosperity and support community and individual well-being throughout Inuit Nunangat, with the goal of socioeconomic and cultural equity between Inuit and other Canadians. Inuit leadership in marine management is vital to helping maintain sustainable development, securing community benefits, mitigating impacts on the sensitive ecosystem and protecting the area and its resources.

Background

Pikialasorsuaq (meaning “great upwelling”) is the west Greenlandic name more commonly used by international organizations, such as the World Wildlife Fund (WWF) and the Inuit Circumpolar Council (ICC), to describe the “North Water Polynya” and the surrounding bi-national region. Pikialasorsuaq refers to the entirety of the North Water Polynya spanning both Canada and Greenland in northern Baffin Bay. In 2011, DFO identified this area as an Ecologically and Biologically Significant Area (EBSA) based on its biological importance and began advancing the consideration of this area for protection shortly thereafter.

The Sarvarjuaq MPA is an important area for Inuit harvesting and food security. The presence of the polynya during the winter months ensures that Inuit have a place to fish and hunt year-round. The polynya also supports migratory species harvested throughout the whole Qikiqtani region and beyond.

Arctic temperatures are rising faster than the global average, with significant negative effects on sea ice. The Arctic marine environment is entering a new state where large areas formerly covered by ice are now seasonally ice-free and thick multi-year ice is being replaced by younger, thinner ice. These changes are impacting the North Water Polynya, as its recurrence relies on the formation of ice bridge(s) in Nares Strait. Effective protection of areas supporting unique Arctic biodiversity, such as those occurring in the Sarvarjuaq MPA, will help maximize the resilience of Arctic ecosystems and help maintain critical habitat for a number of species. The species found within the boundaries of the Sarvarjuaq MPA are known to be significant components of the Arctic ecosystem due to their role in maintaining ecosystem health. As part of the Government of Canada’s commitment to protect Sarvarjuaq, DFO is leading a research expedition that will develop a scientific knowledge base of the region. The data collected through this program will continue to support informed long-term decision-making for the area.

In 2013 the ICC, Greenland and Oceans North hosted a workshop to advance discussions around ecological significance and conservation in the Pikialasorsuaq area and agreed that this area is threatened by rapid change influenced by internal and external factors, including climatic and environmental change, increased shipping activities, tourism, and the potential for oil and gas exploration and development. The ICC emphasized that Inuit who live in the region are best placed to monitor and manage the region. Inuit in both Canada and Greenland maintain a strong interest in leading research and conservation in the area. Further, Inuit on both sides of the polynya have expressed a strong desire for increased cooperation to arrive at a common vision for shared resources and Inuit-led management of the area.

In March 2019, the Prime Minister of Canada released a joint statement with Canadian Inuit leaders that committed to working in partnership with the governments of Denmark and Greenland to advance the sustainable marine management and environmental protection of the Pikialasorsuaq region. In 2020, the QIA committed to working with the Government of Canada to ensure the protection of the Canadian portion of Pikialasorsuaq, which they named “Sarvarjuaq.” QIA and the Government of Canada have been working collaboratively with Greenland and Denmark to support international protection for this important ecosystem, while also advancing protection options domestically for Sarvarjuaq.

Establishing the Sarvarjuaq MPA has contributed 1.28% to Canada’s 2025 marine conservation target (MCT) and advanced Canada’s mandate toward increasing Indigenous collaboration on marine conservation.

Very limited commercial fishing activities have taken place to date within the Sarvarjuaq MPA. DFO harvest data (2003–2007) for Sarvarjuaq indicates that Greenland Halibut (Reinhardtius hippoglossoides) is the only species harvested, mainly through bottom contact gear (i.e. trawl); however, commercial shrimp fishing has been authorized in Shrimp Fishing Area 0 (SFA 0), which overlaps with the MPA. Active shipping and navigation activities occur around adjacent communities for the purposes of community re-supply, bulk transport, subsistence fishing, passenger vessels/tourism, research and government operations (e.g. ice breaking for safety and security).

A variety of other non-commercial activities are known to take place within the Sarvarjuaq MPA. These classes of activities include hunting, trapping and harvesting activities, recreation, tourism and educational activities, filming and media content development, construction of temporary structures on sea ice, navigation and travel, western scientific research and Inuit Qaujimajatuqangitfootnote 1 (IQ), including community-based research and stewardship, national defence activities and Canadian Coast Guard services.

Figure 1: Map of the Sarvarjuaq MPA

Figure 1: Map of the Sarvarjuaq MPA – Text version below the map

Figure 1: Map of the Sarvarjuaq MPA - Text version

Figure 1 is a map of the location of the Sarvarjuaq Marine Protected Area. The map encompasses a large area east of the Ellesmere Island, in the Nares Strait, starting from the low-water mark and extending east to the limit of Canada’s Exclusive Economic Zone between Canada and Greenland. The boundary of the area is delineated by 5 points either connected by lines or by the low-water mark on the island. The coordinates of each point (latitude North, longitude West) are presented in a table at the left bottom corner of the map and are as follows: point 1 at approximately 76°35'00” North and approximately 78°07'00” West, point 2 at 72°46'57” North and approximately 73°21'27” West, point 3 at 73°52'16.2” North and 69°10'52.9” West, point 4 at 81°42'37” North and approximately 62°40'53” West, and point 5 at approximately 81°32'51” North and 64°32'27” West. The north arrow appears on the top left corner of the map. The map also depicts a portion of the Arctic Ocean, Greenland and the Baffin Bay.

Objective

The objectives identified for the Sarvarjuaq MPA are the following:

The objective of pursuing a Ministerial Order MPA in Sarvarjuaq is to provide for the initial conservation and protection of this ecologically significant area, while DFO and its partners explore long-term protection options for the area, including an IPCA. This Ministerial Order MPA freezes the footprint of human activities in the area for a period of up to five years. The Ministerial Order MPA also provides time for DFO’s research expedition to continue to collect information to support informed long-term decision-making. This approach supports QIA’s regional and integrated approach to conservation for the Qikiqtani Region and seeks to advance reconciliation and promote Inuit self-determination.

Description

The Sarvarjuaq Ministerial Order MPA establishes the boundaries and designates an MPA in the area found in the Nares Strait in Northern Baffin Bay, at the entrance to Smith Sound; extending both North and South along the international boundary between Canada and Greenland.

The Sarvarjuaq Ministerial Order MPA prohibits any human activity that disturbs, damages, destroys or removes from that marine protected area any unique geological or archeological features or any living marine organism or any part of its habitat or is likely to do so within the designated boundaries, except activities identified below.

Classes of ongoing activities

For the purposes of paragraph 35.1(2)(a) of the Oceans Act, the following classes of activities are ongoing activities in the MPA:

DFO has consulted with the communities of Grise Fiord, Resolute Bay, Arctic Bay, Clyde River, Pond Inlet and Qikiqtarjuaq, stakeholders, and other federal departments to identify existing and authorized (i.e. ongoing) activities in the Sarvarjuaq MPA.

Activities under the Nunavut Agreement: The Ministerial Order MPA does not apply with respect to the exercise of rights of the Inuit as provided for under the Nunavut Agreement.

Public safety: any activity carried out on behalf of His Majesty for the purpose of public safety, national defence, national security, or law enforcement, or in response to an emergency (including environmental emergencies), is allowed to occur within the MPA by way of the statutory exception provided under subsection 35.1(3) of the Oceans Act, such as emergency search and rescue, response to shipping or aircraft accidents, or national security requirements.

A PDF version of the official description and a map of the boundaries can be found in the Canada Lands Survey Records (CLSR) by entering the following CLSR numbers: description of the Sarvarjuaq MPA (FB44739 CLSR), map of the Sarvarjuaq MPA (113360 CLSR). The MPA includes the seabed, the subsoil to a depth of five metres and the water column, including the sea ice. The boundaries were put forward by the QIA in their 2022 Prospectus — A Regional Conservation Approach.

A portion of the Sarvarjuaq Ministerial Order MPA is located within the Nunavut Settlement Area (NSA) and is subject to the Nunavut Agreement. Other areas of the MPA fall outside of the NSA (i.e. under Zone I). Pursuant to Article 1 of the Nunavut Agreement, Zone I refers to those waters that are north of 61 degrees latitude and subject to Canada’s jurisdiction seaward of the Territorial Sea boundary but are not part of the NSA or another land claim settlement area.

Under a Ministerial Order MPA, the Minister of Fisheries and Oceans freezes the footprint of activities in the area — in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament — for a period of up to five years. This means that activities that have lawfully occurred in the area over the 12 months prior to designation (or that were authorized by a federal or territorial permit, licence, or some other form of express authorization to occur but have not yet taken place) are allowed to continue for the duration of the Ministerial Order MPA. For the duration of the Ministerial Order MPA, no new human activities, other than Inuit activities provided for in the Nunavut Agreement, exempted foreign activities, marine scientific research and activities carried out for purposes of public safety, national defence, national security or law, or in response to emergency situations, provided for under subsection 35.1(3) of the Oceans Act, are allowed to occur in the area following this designation.

DFO has consulted with partners, communities, Canadians, stakeholders and other federal departments to identify all existing and authorized (i.e. ongoing) activities in the Sarvarjuaq MPA.

Regulatory development

Consultation

Partnerships

Since 2019, the Government of Canada and QIA have been working together to identify options for the conservation and protection of Sarvarjuaq and other sites within the Qikiqtani Region of Nunavut. In September 2021, a working group was established to advance the conservation and protection of the Qikiqtait and Sarvarjuaq MPAs based on similarities in management partnership and a shared interest in pursuing short-term protection for both areas. This Qikiqtait and Sarvarjuaq Working Group (the Working Group) includes representatives from QIA, the Government of Canada [represented by DFO, ECCC, Transport Canada (TC)] and the GN. Its main purpose was to advance the conservation and protection of the Qikiqtait and Sarvarjuaq areas toward site establishment by Ministerial Order MPAs under the Oceans Act. The Working Group also provided awareness and shared information with the Inuit Impact and Benefit Agreement (IIBA) negotiation table as needed, with the objective of working in parallel.

Community consultations

Since 2022, DFO has been working with QIA to understand and implement an approach to community consultations in the Qikiqtani region of Nunavut with the objective of establishing Ministerial Order MPAs in the Qikiqtani Region. QIA has emphasized the need for a holistic approach that reflects regional governance models. As per QIA’s recommendation, consultation included the six communities in closest proximity to Sarvarjuaq: Grise Fiord, Resolute Bay, Arctic Bay, Clyde River, Pond Inlet and Qikiqtarjuaq.

Between October 2023 and June 2024, DFO and QIA conducted community consultations with each of the six communities to present information about the Ministerial Order MPA process, to seek input on the regulatory intent and to seek information about the uses of the area. The joint community consultation also included presentations from QIA on their vision for the area. The GN was present as observers for all community consultations. In each of the six communities, two rounds of meetings were held with the Hunters and Trappers Associations (HTAs), hamlet councils, and open-house meetings for members of the broader community. All six communities expressed their support for advancing marine protection in the Sarvarjuaq area and for the objectives developed for the area. Communities further voiced their support for continued coordination and collaboration across the Qikiqtani communities and with Greenlandic communities for long-term protection and management of the North Water Polynya as a whole.

In early spring 2024, DFO visited all six communities to present updates on scientific research in the area. Where possible, school visits and radio presentations were also undertaken to provide information at the request of communities. The information was well received, and communities expressed that they would like to have increased involvement in research efforts moving forward.

Other stakeholders

DFO engaged key stakeholders on the proposal to make the Sarvarjuaq MPA via Ministerial Order in two phases. In July 2024, a letter was sent from all parties of the Working Group (DFO, GN, QIA) seeking stakeholder input on any ongoing activities being conducted or planned within the Sarvarjuaq Study Area. Following this first round of engagement, in fall 2024, DFO engaged these same stakeholders on its regulatory intent for a Ministerial Order MPA under the Oceans Act in Sarvarjuaq, seeking comments or input.

The stakeholders engaged in this process were identified in collaboration with Working Group partners and included the following: Nunavut Tunngavik Incorporated, Nunavut Wildlife Management Board (NWMB), Nunavut Water Board, Nunavut Impact Review Board (NIRB), Nunavut Planning Commission (NPC), Qikiqtaaluk Wildlife Board, WWF-Canada, Oceans North, Ecology Action Centre, Canadian Wildlife Federation, Nunavut Fisheries Association (NFA), relevant stakeholders within the Eastern Arctic Groundfish Stakeholder Advisory Committee (EAGSAC), Northern Shrimp Advisory Committee (NSAC), Prairies and Northern Region-Canadian Marine Advisory Council (PNR-CMAC), Nunavut Eastern Arctic Shipping Inc. (NEAS), Shipping Federation of Canada, Woodward Group of Companies, Association of Arctic Expedition Cruise Operators, Northwest Territories and Nunavut Chamber of Mines, Canadian Association of Petroleum Producers, Travel Nunavut, ArcticNet, Nunavut Research Institute, Amundsen Science, Arctic Security Consultants, Inuit Circumpolar Council (ICC) and Inuit Tapiriit Kanatami (ITK).

Throughout the consultation process, DFO also engaged all implicated federal departments, including (but not limited to) ECCC, TC, Crown-Indigenous and Northern Affairs Canada, Parks Canada, Natural Resources Canada (NRCan), the Canadian Coast Guard, Global Affairs Canada and the Department of National Defence.

Prepublication in the Canada Gazette, Part I

The proposed Order Designating the Sarvarjuaq Marine Protected Area was prepublished in the Canada Gazette, Part I for a 30-day comment period from December 21, 2024, to January 20, 2025. Advance notice of the prepublication was sent to stakeholders and interested parties. During that period, a total of five comments were received from members of the general public, non-governmental organizations and industry representatives. The comments were very supportive of protecting the area and its biodiversity, and encouraged the implementation of long-term protections as soon as possible.

The GN submitted comments to DFO regarding the characterization of oil and gas potential for Sarvarjuaq. To address GN’s concerns about oil and gas potential in Sarvarjuaq, DFO updated the language in the baseline economic and policy profile subsection below, which was reviewed and supported by GN officials.

The GN also provided feedback as to how Small Enclosed Bays, as defined under the Nunavut Lands and Resources Devolution Agreement (Nunavut Devolution Agreement), will be understood for the purposes of mapping and implementing the MPA. The objective of the MPA is not to define the boundaries of “Small Enclosed Bays” as described in the Nunavut Devolution Agreement. The boundaries illustrated for the Ministerial Order MPA are without prejudice to any positions the GN or Government of Canada may adopt in ongoing collaborative efforts to interpret/apply the Nunavut Devolution Agreement’s definition of “Small Enclosed Bays,” including to any other proposed MPAs. The extent of lands that will be under the administration and control of the GN upon the April 1, 2027, transfer date will be determined by the relevant provisions of the Nunavut Devolution Agreement.

DFO, NRCan and the GN continue to work together to delineate the MPA’s boundaries and in alignment with the Nunavut Devolution Agreement definition. If necessary, a change to the MPA map and the legal description may be pursued following these collaborative efforts between the Government of Canada and the GN. Correspondingly, the Ministerial Order MPA may, where appropriate, be amended during the period of the Ministerial Order MPA.

Indigenous engagement, consultation and modern treaty implications

Information on Indigenous engagement and consultation can be found in the above section. As per the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment was conducted on this proposal. The assessment concluded that implementation of this proposal has an extremely low risk of impacts on the rights, interests, and/or self-government provisions of Nunavut Agreement Treaty partners. DFO will continue to respect the consultation obligations set out in the Nunavut Agreement as is detailed in this proposal. DFO will also continue to engage QIA, the GN and other governance bodies in the Treaty area on policy and program changes as part of the implementation of the Ministerial Order MPA and subsequent work related to the establishment of longer-term conservation for the area.

This Ministerial Order MPA is subject to the requirements specified in the Nunavut Agreement, including conformity determination by the NPC and the review of the MPA by the NWMB. The Sarvarjuaq proposal was submitted for NPC conformity determination on November 5, 2024. On November 18, 2024, a letter was received from NPC completing its review of Sarvarjuaq. NPC determined that the proposal required screening by the Nunavut Impact Review Board (NIRB). The NIRB reviewed the proposal and, on February 7, 2025, the NIRB provided their screening decision recommending the proposal continue. Under the Nunavut Agreement, the NWMB is the main Institution of Public Government (IPG) responsible for overseeing wildlife management. It is also the main regulator of access to wildlife in the NSA. A portion of the Sarvarjuaq MPA is located within the NSA and is therefore subject to the Nunavut Agreement. Therefore, the proposal to make this Ministerial Order MPA was formally presented to the NWMB for review on February 26, 2025. On March 25, 2025, the NWMB wrote a letter to the Minister of Fisheries and Oceans approving the proposal to protect Sarvarjuaq through a Ministerial Order. As per the Nunavut Agreement, Nunavut Inuit have been involved in the decision making processes for the Sarvarjuaq MPA. Because some areas of the MPA lie outside the NSA and close to the international boundary between Canada and Greenland, international obligations within the Nunavut Agreement may be triggered. The Government of Canada will continue to engage Nunavut Inuit Organizations in any international elements of the Sarvarjuaq MPA.

Under the Nunavut Agreement, the Government responsible for the establishment of the conservation area is required to negotiate with the Designated Inuit Organization (in this instance QIA), in good faith, for the purpose of concluding an IIBA. On September 22, 2022, the President of QIA wrote a letter to the Minister of Fisheries and Oceans, acknowledging the desire to proceed with MPAs by Ministerial Order for Qikiqtait and Sarvarjuaq, while also seeking agreement to advance long-term designation of these sites as IPCAs. QIA’s support for the Ministerial Order MPA is contingent on a commitment by the Government of Canada to explore putting in place a long-term conservation approach that supports an IPCA. An IIBA was signed by the Government of Canada and QIA prior to the establishment of the Sarvarjuaq Ministerial Order MPA.

This Ministerial Order MPA does not apply with respect to the exercise of rights of Nunavut Inuit as provided for under the Nunavut Agreement.

A phased approach to marine protection is being undertaken whereby Sarvarjuaq is being protected under a five-year Ministerial Order MPA while DFO and its partners explore QIA’s vision for long-term protection. It also provides the means for harmonizing QIA’s regional approach to conservation for the Qikiqtani Region, and further opportunities to advance reconciliation and promote Inuit self-determination.

Instrument choice

Certain marine activities are currently regulated under provisions of the Fisheries Act, the Species at Risk Act, the Canada Shipping Act, 2001, and other federal legislation. However, existing regulatory mechanisms do not protect the habitats, species, ecological integrity, biodiversity and productivity in the Sarvarjuaq area from threats stemming from new human activities resulting from climatic and environmental change.

The Oceans Act provides the Minister of Fisheries and Oceans the authority to, by way of a Ministerial Order, “freeze the footprint” of human activities in the Sarvarjuaq MPA for up to five years. This will give the Government of Canada and its partners time to continue exploring long-term protection options for the area — including consideration of an IPCA — while still protecting the area.

Regulatory analysis

Benefits and costs

Methodology and data

The socioeconomic impacts related to the regulatory initiative are framed around the concept of cost and benefit analysis, regional economic impacts and the distribution of economic impacts. This approach is consistent with previous analyses undertaken by DFO and is aligned with Treasury Board of Canada Secretariat (TBS) requirements for a regulatory impact analysis. Incremental impacts are estimated over a five-year timeframe to align with the timeframe of the Ministerial Order MPA comparing the baseline scenario against the regulatory initiative.

The data used to develop the community profiles around the Sarvarjuaq MPA primarily came from the 2021 Census Community Profiles. Other sources of information and data came from the Government of Canada, the GN, industry and corporations, boards, academic researchers and consultants. While a non-exhaustive search of the existing literature provided very limited social, cultural and economic information on the Sarvarjuaq MPA, where appropriate, the report used information available from relevant publicly accessible sources and in the literature as secondary sources of information.

These limitations have been mitigated to some extent through qualitative discussions that illustrate the expected economic and social outcomes. The appropriate remedy for these limitations is to conduct further research and discussions with communities. Despite data limitations and uncertainties associated with the report, this document provides information that may be found useful for decision making, including the development of regulatory intent.

Baseline economic and policy profile

The economic activities that are currently ongoing in the area were identified based on information from one year prior to the establishment of the Ministerial Order MPA, as well as any future activities that are allowed to continue in the Sarvarjuaq MPA.

The baseline takes into account existing federal, provincial and territorial management measures in force in the area. This also reflects the current ongoing human activities, if any, and expansion/growth of activities. An assessment of the activities occurring in the area over the last 12 months indicated the following:

Costs of establishing the Ministerial Order MPA

Due to the comprehensive list of exemptions and allowed classes of ongoing activities described above for the Sarvarjuaq MPA, the marine protections put in place are unlikely to impose any incremental costs to Canadians or industry in the form of foregone revenue or higher costs of operation. Moreover, due to the constitutionally protected Inuit rights under the Nunavut Agreement, there will be no incremental impacts on Inuit communities. Based on this analysis, no major changes to peoples’ way of life or livelihood are anticipated.

The Geological Survey of Canada estimates the oil and gas potential for the Sarvarjuaq MPA to be low to medium within the Baffin Fan area covering the southern portion of the MPA and low to very low in the northern portion of the MPA covering Nares Strait. There is one Significant Discovery License on the western side of Ellesmere Island, outside of the Sarvarjuaq MPA, that is covering 4 276 hectares since 1987. However, there is currently a moratorium on new oil and gas exploration in and around the Sarvarjuaq MPA. Due to the absence of infrastructure, and decades of research required to determine if the existing moratorium should be lifted, oil and gas activities are expected to be at least 30 to 35 years away from potential development (Nunavut Impact Review Board, 2019). With low probability of oil and gas development in the next five years, no incremental costs to the oil and gas sector are envisaged as a result of this MPA.

Since the Ministerial Order MPA freezes the footprint of activities in the area for a period of up to five years, compliance and enforcement activities will not significantly change from current levels during that time. Occasional costs associated with investigating reports of non-compliance with the Ministerial Order MPA will likely be limited to isolated and infrequent incidents. These costs will continue to be carried out by the federal government and funded through existing resources.

Benefits of establishing the Sarvarjuaq Ministerial Order MPA

Preservation (i.e. maintaining at current levels) and increases in benefits from ecosystem services occur over long-term protection. Therefore, it is unlikely that direct and indirect ecosystem services will be realized over a five-year time period for Canadians in general and for Indigenous communities that are in close proximity to Sarvarjuaq. Conducting more marine scientific research in the area may provide valuable information that could help inform the type of benefits that may be realized in the long run.

There are a number of key benefits associated with establishing a Ministerial Order MPA in Sarvarjuaq. It will help to maximize the resilience of Arctic ecosystems and help maintain critical habitat for a number of important species, such as bowhead whales, narwhals and seals. The Ministerial Order MPA will help limit new pressures on an environment that is already experiencing impacts due to climate change. This initiative and the associated IIBA will help support Inuit leadership, stewardship and self-determination within the Qikiqtani Region, while also conserving ecosystems, wildlife and Inuit culture, and promoting sustainable employment and economic opportunities for communities.

The efforts taken to protect Sarvarjuaq may also indirectly help to preserve the cultural heritage within or adjacent to the area. Preserving natural and cultural resources will benefit Canadians as they learn about the cultural values that exist within Sarvarjuaq.

Small business lens

The small business lens does not apply, as there are no anticipated incremental costs to small businesses as a result of this Ministerial Order MPA.

One-for-one rule

The Sarvarjuaq Ministerial Order MPA does not impose any administrative burden on businesses. Therefore, the one-for-one rule does not apply.

Regulatory cooperation and alignment

In 2018, the G7 published the Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities. In this, the leaders of the G7, recognizing the need for action in line with previous G7 commitments and the 2030 Agenda, committed to supporting strategies to effectively protect and manage vulnerable areas of our oceans and resources. As an element of this, the leaders of the G7 committed to “advancing efforts beyond the current 2020 Aichi Targets, including the establishment of MPAs where appropriate and practicable…” In line with this, Canada continues to advance marine conservation and set targets beyond the 2020 Aichi Target. During the December 2022 United Nations Convention on Biological Diversity (CBD) conference (COF 15), Canada helped champion an additional target of 30% by 2030. At the meeting, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework (GBF), which includes the target of conserving at least 30% of coastal and marine areas globally by 2030 (Target 3). In the 2025 Speech from the Throne, the Government of Canada reaffirmed its commitment to protecting nature and addressing the global biodiversity crisis, and as part of its ongoing leadership, Canada is implementing the GBF. These commitments are reflected in Canada’s 2030 Nature Strategy.

The Sarvarjuaq MPA contributes an additional 1.28% to Canada’s marine conservation targets.

Effects on the environment

This regulatory initiative for the Sarvarjuaq Ministerial Order MPA fulfills targets and key priorities of the Federal Sustainable Development Strategy (2022–2026) Goal 14 to conserve and protect Canada’s oceans. The Sarvarjuaq MPA contributes to the United Nations 2030 biodiversity goals and targets for Canada with respect to healthy coasts, oceans and healthy wildlife populations.

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, DFO conducted an overview scan of the Sarvarjuaq MPA and adjacent waters in 2021 to provide a comprehensive synthesis of the unique physical, biological and ecological features that characterize this area and its adjacent waters, as well as known vulnerabilities and knowledge gaps. The scan concluded that a strategic environmental and economic assessment is not required for this proposal, as the Sarvarjuaq MPA will freeze the footprint of activities in the area for a period of up to five years, which will further enhance the environmental integrity of the area.

This Ministerial Order MPA is not likely to result in any form of adverse environmental effects on the area.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been conducted, and no GBA+ impacts on any population in communities adjacent to the Sarvarjuaq Ministerial Order MPA have been identified for this regulatory initiative.

There are no target people/groups in the associated communities that are expected to be disproportionately impacted by this MPA.

Anticipated benefits of the Sarvarjuaq Ministerial Order MPA include those pertaining to research, ecosystem values and non-use values associated with conserving the marine ecosystem. The Qikiqtani Project Finance for Permanence initiative will have implications for Inuit-led conservation efforts in the Qikiqtani Region of Nunavut, where the Sarvarjuaq MPA is located.

Anticipated direct impacts on various socioeconomic activities in adjacent communities are expected to be negligible given that no restrictions or prohibitions will be placed on the classes of ongoing activities for the five-year period of the Ministerial Order MPA.

No additional compliance barriers will be experienced by any populations in the adjacent communities as a result of this regulation.

No impacts based on gender and other identity factors have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The Sarvarjuaq Ministerial Order MPA came into force upon registration.

To complement the overall direction provided by the Ministerial Order MPA, an implementation plan will be developed based on the regulations and objectives and in accordance with the relevant IIBA. To ascertain whether the MPA’s objectives are being met and to explore options for long-term protection of the area, data collection, research and monitoring, as well as Inuit Qaujimajatuqangit will continue.

As required by the IIBA, the Sarvarjuaq Ministerial Order MPA will be supported through the establishment of a Sarvarjuaq Working Group with partners to guide the management and monitoring of the MPA.

Compliance and enforcement

As the federal authority responsible for the designation and management of the Sarvarjuaq Ministerial Order MPA, DFO will have overall responsibility for ensuring compliance and enforcement of this Ministerial Order MPA. These activities will be carried out through DFO’s official mandate and enforcement responsibilities under the Oceans Act, the Fisheries Act, the Coastal Fisheries Protection Act, and other legislation related to fisheries conservation and protection and maritime security.

Because the Ministerial Order MPA freezes the footprint for up to five years, compliance and enforcement activities are not expected to significantly change from current levels during that time.

Monitoring efforts, occurrence reporting, and approaches and strategies to achieve compliance will be outlined in a risk-based enforceable compliance plan.

Enforcement officers designated by the Minister under section 39 of the Oceans Act will enforce the Ministerial Order. Every person who contravenes the Ministerial Order will have committed an offence and will be subject to the enforcement measures contemplated under section 39.6 of the Oceans Act.

Under section 39.6 of the Oceans Act, any contravention of the regulations is punishable by a maximum fine of $8,000,000 for a summary conviction offence, and a maximum fine of $12,000,000 for an indictable offence. Violation of permit and licence conditions, applicable to activities in this MPA, may also result in charges under other applicable Canadian legislation, such as the Fisheries Act, the Coastal Fisheries Protection Act, the Species at Risk Act, or other applicable laws or regulations.

Contact

Bethany Schroeder
Regional Manager
Marine Planning and Conservation
Fisheries and Oceans Canada, Arctic Region
Freshwater Institute
501 University Crescent
Winnipeg, Manitoba
R3T 2N6
Email: DFO.ArcticMPC-ArctiquePCM.MPO@dfo-mpo.gc.ca