ziggy
Well-Known Member
I just recently queried the Minister and DFO about the legality of closing down areas for Public navigation. It seems to me no Legislation was ever tabled and passed and as such theMinister simply issued and Interim order. Below is the legal definition of his power to do so.
Interim order — Minister of Transport
Interim order — Minister of Transport
- 10.1 (1) The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.
- Marginal note:Cessation of effect
(2) An interim order made under this section has effect from the time that it is made but ceases to have effect on the earliest of
- (a) the day on which it is repealed;
- (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force;
- (c) one year after the interim order is made or any shorter period that may be specified in the interim order, unless the effective period is extended by the Governor in Council; and
- (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the effective period of the interim order.
Now I don’t profess to be a lawyer but it seems to me that his closure is neither for direct or indirect risk to marine safety or marine environment. Surely it makes no sense that vessels using these areas pose a significant risk to marine safety or the environment, but only when we expect SRKW to be present. Also if they are saying these risks exist only when these whales are present, then it would seem common sense that the rule would only be in affect at that time. Clearly this is not the case as the areas are closed based on a calendar rather than sightings
- (a) the day on which it is repealed;