Mandatory 1,000‑metre approach

AI summary

Petitioners ask the Minister of Transport to require vessels to stay at least 1,000 metres from Southern Resident killer whales. The government responds it will impose a year‑round 1,000‑metre interim order pending regulation amendments.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Government of Canada Whereas: Southern Resident killer whales are an endangered population listed under Canada's Species at Risk Act and the United States Endangered Species Act; Legally protected critical habitat for Southern Residents is located within the heavily transited transboundary marine waters of the Salish Sea; Underwater noise and physical disturbance from vessels affect the ability of Southern Residents to communicate successfully and forage effectively; Southern Resident killer whales can lose more than 50% of their echolocation range when foraging near commercial shipping traffic; Increased shipping traffic from container expansions at Roberts Bank and oil tankers for Trans Mountain increase underwater noise in critical habitat. The lost foraging on salmon associated with this noise increases the risk of extinction for Southern Residents; More ships will reduce the quiet time Southern Residents can feed without noise interfering with echolocation and communication; Considering these threats, Washington State recently passed legislation (Senate Bill 5371) that establishes a mandatory 1,000-yard buffer for recreational and commercial whale watching vessels around Southern Resident killer whales; and Canada has committed to halting and reversing biodiversity loss, as declared with the signing of the Kunming- Montreal Global Biodiversity Framework. We, the undersigned residents of Canada, call upon the Minister of Transport to implement a mandatory vessel distance regulation where recreational vessels and commercial whale-watch vessels must not be closer than 1,000 metres to Southern Resident killer whales, consistent with vessel distance regulations for these whales in Washington State.

Government response

Response by the Minister of Transport and Leader of the Government in the House of Commons Signed by Mike Kelloway 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. The Government of Canada has several measures in place to protect Southern Resident killer whales. These include the Marine Mammal Regulations, made under the Fisheries Act, which prohibit, with exceptions, the disturbance of marine mammals. Since 2019, interim orders made annually by the Minister of Transport under the Canada Shipping Act, 2001, have included a prohibition against vessels approaching within 400 metres of killer whales in waters of Southern British Columbia. In spring of 2023, the Government of Canada announced its commitment to transition the approach distances for Southern Resident killer whales from the annual interim orders to proposed long-term or permanent changes to the Marine Mammal Regulations. Following consultations, engagement and consideration of available options, it was determined that increasing the approach distance to 1,000 metres for Southern Resident killer whales by amending the Marine Mammal Regulations is the most efficient long-term option for the recovery of Southern Resident killer whales and to address imminent threats to their survival, as announced in March 2025. In alignment with the proposed amendments to the Marine Mammal Regulations, which were pre-published in Canada Gazette, Part I on March 7, 2026, for public comment until April 21, 2026, Transport Canada in coordination with Fisheries and Oceans Canada will be implementing a mandatory 1,000 metre approach distance measure for Southern Resident killer whales in waters of Southern British Columbia through the interim order power of the Canada Shipping Act, 2001. This measure will be in place year-round, from June 1 until May 31 or until the Marine Mammal Regulations amendment process is complete. This measure is intended to reduce physical and acoustic disturbance and contribute to the recovery of the Southern Resident killer whale, and reflects the proposed amendments, as well as existing exceptions and provisions set out in the Marine Mammal Regulations. The 1,000 metre approach distance will be more closely aligned with the 1,000 yard distance that has been in place in Washington State since January 2025. Transport Canada takes the protection of the Southern Resident killer whale population seriously and will continue to implement and adapt measures to protect this iconic species on the West Coast.