e-4894 (Environment)

The Government of Canada has taken unprecedented action to support the survival and recovery of the endangered Southern Resident killer whale. Transport Canada is responsible for promoting safe, secure, efficient, and environmentally responsible transportation. The Canada Shipping Act, 2001 provides the Minister of Transport the authority to make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities (s.35.1(1)), as well as the authority to make an interim order if immediate action is required to deal with a direct or indirect risk to the marine environment (s.10.1(1)), including on a precautionary basis.  

Since 2018, Fisheries and Oceans Canada established a 200-metre approach distance under the Marine Mammal Regulations through the Fisheries Act, that applied to all killer whales on the Pacific Coast. In 2019, the Minister of Transport issued its first Interim Order as immediate action was required to deal with risks from vessels to the killer whale populations on the West Coast. The main purpose of the Interim Order (renewed annually and updated based on new science, information and consultation recommendations) is to put in place immediate and mandatory measures to reduce underwater vessel noise and physical disturbance from marine traffic for all killer whales in key foraging areas and critical habitat. One such measure prohibits vessels from approaching any killer whale within 400 meters in the coastal waters of British Columbia, extending from Campbell River to just north of Ucluelet. This measure is in place year-round, from June 1, 2024 until May 31, 2025. This measure is intended to reduce physical and acoustic disturbance and contribute to the recovery of the Southern Resident killer whale, and directly mirrors the exceptions and provisions set out in the Marine Mammal Regulations. 

Transport Canada has updated the approach distance boundary multiple times over the past six?seasons to ensure the entire range of Southern Residents are protected from vessel disturbance. This includes expanding the measure northward in 2020 to Campbell River and, in 2021, to include Howe and Barkley Sound. However, Fisheries and Oceans Canada remains the lead department in establishing an approach distance to marine mammals. On June 3, 2024, the Department launched their engagement and consultation survey on the amendments to the Marine Mammal Regulations, which includes consultation related to the approach distance for the Pacific killer whales. This will be active until September 3, 2024. In the interim, Transport Canada will continue to establish an extended approach distance until the amendments to the Marine Mammal Regulations come into effect. Transport Canada will continue to engage and consult on the Interim Order approach distance and, if there is need for immediate action to address safety concerns, Southern Resident killer whale emergencies, or potential impacts to Indigenous rights, the Department will consider adjusting this measure on an interim basis. This will be done in collaboration with Fisheries and Oceans Canada to mitigate any potential impacts, influences or consequences to their amendment process. 

Transport Canada takes the protection of the Southern Resident killer whale population very seriously and will continue to implement measures to protect this iconic species on the West Coast.