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

Act current to 2014-04-02 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.

    “authorized representative”

    « représentant autorisé »

    “authorized representative” has the same meaning as in section 2 of the Canada Shipping Act, 2001.

    “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.

    “Canadian aircraft”

    « aéronef canadien »

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

    “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.

    “Canadian vessel”

    « bâtiment canadien »

    “Canadian vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001.

    “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.

    “conveyance”

    « moyen de transport »

    “conveyance” includes any vehicle, vessel or aircraft.

    “master”

    « capitaine »

    “master” includes every person who has command or charge of a vessel but does not include a pilot.

    “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.

    “permit”

    « permis »

    “permit” means a permit issued under section 21.

    “place”

    « lieu »

    “place” includes any platform anchored at sea, shipping container or conveyance.

    “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.

    “registered owner”

    « propriétaire enregistré »

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

    “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.

    “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.

  • 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.