An Act respecting the protection of the Antarctic Environment (S.C. 2003, c. 20)

Assented to 2003-10-20

Waste Management Plans and Emergency Plans

Marginal note:Requirement for plans

 The Minister may issue a permit that authorizes persons on a Canadian expedition, or a Canadian vessel or Canadian aircraft, to be in the Antarctic only if the Minister is satisfied that a waste management plan and an emergency plan for the expedition, vessel or aircraft have been prepared in accordance with the regulations.

Security

Marginal note:Requirement to provide security
  •  (1) The Minister may require an applicant for a permit to provide and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations and in a form prescribed by the regulations or a form satisfactory to the Minister.

  • Marginal note:How security may be applied

    (2) Any security may be applied by the Minister to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit.

REGULATIONS

Marginal note:General
  •  (1) The Governor in Council may make regulations

    • (a) respecting applications for permits, including, but not limited to, the form of the applications, who may apply for permits and the information that must be provided in respect of permit applications;

    • (b) respecting the making of applications for a permit on behalf of a Canadian vessel;

    • (c) respecting the issuance, renewal, cancellation and suspension of permits, and the conditions that the Minister may include in a permit;

    • (d) respecting the activities that may be authorized by a permit;

    • (e) specifying substances and products for the purposes of section 14;

    • (f) designating Antarctic specially protected areas for the purposes of section 15;

    • (g) designating historic sites and monuments for the purposes of section 16;

    • (h) respecting environmental impact assessments for the purposes of section 23;

    • (i) respecting waste management plans and emergency plans for the purposes of section 24;

    • (j) respecting security for the purposes of section 25; and

    • (k) respecting any other matter that the Governor in Council considers necessary for carrying out the purposes of this Act.

  • Marginal note:Incorporation by reference

    (2) Regulations made under subsection (1) may incorporate by reference any document, including a document prepared by an organization working under the Treaty or the Protocol or by another Party to the Protocol.

  • Marginal note:Amended from time to time

    (3) Material may be incorporated by reference as it existed on a specified date or as amended from time to time.

  • Marginal note:Incorporated material is not a regulation

    (4) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

  • Marginal note:Defence

    (5) For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention,

    • (a) the material was reasonably accessible to the person or vessel;

    • (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or

    • (c) the material had been published in the Canada Gazette.