Antarctic Environmental Protection Act (S.C. 2003, c. 20)

Act current to 2016-09-18 and last amended on 2012-07-06. Previous Versions

Antarctic Environmental Protection Act

S.C. 2003, c. 20

Assented to 2003-10-20

An Act respecting the protection of the Antarctic Environment

Preamble

WHEREAS Canada is a party to the Antarctic Treaty, to the Convention for the Conservation of Antarctic Seals and to the Convention on the Conservation of Antarctic Marine Living Resources;

WHEREAS the Antarctic is a natural reserve, devoted to peace and science;

AND WHEREAS the Government of Canada is committed to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Antarctic Environmental Protection Act.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    Antarctic

    Antarctique

    Antarctic means

    • (a) the continent of Antarctica, including its iceshelves;

    • (b) all islands south of 60o south latitude, including their iceshelves;

    • (c) all areas of the continental shelf that are adjacent to that continent or to those islands and that are south of 60o south latitude; and

    • (d) all sea and airspace south of 60o south latitude. (Antarctique)

    authorized representative

    représentant autorisé

    authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

    Canadian

    Canadien

    Canadian means

    • (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

    • (b) a corporation established or continued under the laws of Canada or a province. (Canadien)

    Canadian aircraft

    aéronef canadien

    Canadian aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef canadien)

    Canadian expedition

    expédition canadienne

    Canadian expedition means a journey undertaken by a person or persons

    • (a) that is organized in Canada; or

    • (b) for which the final place of departure of the person or persons is in Canada. (expédition canadienne)

    Canadian vessel

    bâtiment canadien

    Canadian vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment canadien)

    Chief Review Officer

    réviseur-chef

    Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer. (réviseur-chef)

    conveyance

    moyen de transport

    conveyance includes any vehicle, vessel or aircraft. (moyen de transport)

    master

    capitaine

    master includes every person who has command or charge of a vessel but does not include a pilot. (capitaine)

    Minister

    ministre

    Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purpose of this Act. (ministre)

    permit

    permis

    permit means a permit issued under section 21. (permis)

    place

    lieu

    place includes any platform anchored at sea, shipping container or conveyance. (lieu)

    Protocol

    Protocole

    Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed at Madrid on October 4, 1991, as amended from time to time, to the extent that the amendments are binding on Canada. (Protocole)

    registered owner

    propriétaire enregistré

    registered owner has the same meaning as in subsection 3(1) of the Aeronautics Act. (propriétaire enregistré)

    Treaty

    Traité

    Treaty means the Antarctic Treaty, signed at Washington on December 1, 1959, as amended from time to time, to the extent that the amendments are binding on Canada. (Traité)

    vessel

    bâtiment

    vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform. (bâtiment)

  • Marginal note:Same meaning

    (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Treaty or the Protocol.

  • Another Party to the Protocol

    (3) A reference in this Act to another Party to the Protocol is a reference to a Party other than Canada.

  • 2003, c. 20, s. 2;
  • 2009, c. 14, s. 2.

Purpose

Marginal note:Purpose of the Act

 The purpose of this Act is to protect the Antarctic environment, particularly by implementing the Protocol.

Application

Marginal note:Her Majesty

 This Act is binding on Her Majesty in right of Canada and of a province.

Marginal note:Non-application to Canadian Forces

 This Act does not apply to a member of the Canadian Forces acting in that capacity or in respect of a vessel, facility or aircraft of the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

 [Repealed, 2012, c. 19, s. 60]

Prohibitions

Marginal note:Canadian expeditions
  •  (1) No person who is on a Canadian expedition shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to a person who is

    • (a) travelling through, on or above the high seas to an immediate destination outside the Antarctic; or

    • (b) in the Antarctic for the sole purpose of fishing for profit.

Marginal note:Canadian stations

 No person shall be in a Canadian station in the Antarctic except in accordance with a permit.

Marginal note:Canadian vessels
  •  (1) No Canadian vessel shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to a Canadian vessel that is

    • (a) travelling through or on the high seas to an immediate destination outside the Antarctic; or

    • (b) in the Antarctic for the sole purpose of fishing for profit.

 
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