The Regulations Repealing the Sable Island Regulations (Miscellaneous Program) were enacted under subsection 274(2) of the Canada Shipping Act, 2001 (CSA 2001), following the recommendation of the Minister of Transport and approval by the Governor General in Council. These regulations formally repeal the Sable Island Regulations.

Sable Island, a remote, crescent-shaped landmass in the Atlantic Ocean about 290 kilometers southeast of Halifax, Nova Scotia, has been governed by updated legislation since 2013. Before 2013, the Sable Island Regulations provided a framework for managing access, construction, and handling wrecks on the island under the CSA 2001.

In December 2013, the island was designated a national park reserve under the Canada National Parks Act (CNPA) through Bill S-15, which amended various acts, including the CSA 2001. This transition brought Sable Island under the governance of the CNPA, a legislative framework deemed better suited to preserving its unique natural environment. Concurrently, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act also became relevant for certain administrative matters. As a result, the Sable Island Regulations became redundant, with their governing authority effectively transferred to Parks Canada. The National Parks General Regulations now regulate Sable Island National Park Reserve, ensuring appropriate control and protection mechanisms.

The primary goal of the repeal is to eliminate outdated regulations that no longer serve any practical or legal purpose. Removing the Sable Island Regulations aligns with the government’s ongoing efforts to streamline and modernize its regulatory framework, reducing redundancy and ambiguity. By repealing these regulations, Transport Canada aims to clarify the legislative landscape surrounding Sable Island’s administration, aligning it with the current framework under the CNPA.

The rationale for this repeal is rooted in the lack of legislative authority within the CSA 2001 for the Sable Island Regulations since the relevant provisions were repealed by Bill S-15. Periodic regulatory reviews conducted by Transport Canada, including a May 2022 assessment, confirmed that the Sable Island Regulations have had no practical application since 2013. With Sable Island’s management consolidated under the CNPA, the regulatory repeal reflects the current governance structure and eliminates confusion over outdated requirements.

The repeal is expected to have no tangible impact on stakeholders or the general public. Since 2013, Parks Canada has administered and enforced the regulations applicable to Sable Island National Park Reserve under the CNPA, rendering the Sable Island Regulations unnecessary. This initiative underscores Transport Canada’s commitment to maintaining an efficient and relevant regulatory framework while ensuring the continued protection of Canada’s national parks and reserves.

Canada (SOR/2024-232) December 4, 2024