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

Assented to 2003-10-20

Marginal note:Introduction of non-native species
  •  (1) No Canadian or Canadian vessel shall introduce into the Antarctic any animal or plant of a species that is not indigenous to 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 in respect of

    • (a) any bird or mammal that occurs in the Antarctic seasonally through natural migrations; or

    • (b) food other than poultry or live animals.

Marginal note:Specified substances and products

 No Canadian or Canadian vessel shall introduce into the Antarctic any substance or product specified in the regulations.

Marginal note:Specially protected areas

 No Canadian or Canadian vessel shall be in an Antarctic specially protected area designated by the regulations except in accordance with a permit or under the written authorization of another Party to the Protocol.

Marginal note:Historic sites and monuments

 No Canadian or Canadian vessel shall damage, destroy or remove any part of an historic site or monument in the Antarctic designated by the regulations.

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

  • Marginal note:Absolute prohibition

    (2) Despite subsection (1), no Canadian shall, in the Antarctic, burn waste in the open air or dispose of waste in any ice-free area or in any fresh water system.

Marginal note:Discharge into sea
  •  (1) No Canadian vessel shall, while in the Antarctic, discharge into the sea any oil or oily mixture or any food waste except in accordance with a permit or under the written authorization of another Party to the Protocol.

  • Marginal note:Absolute prohibition — garbage

    (2) Despite subsection (1), no Canadian vessel shall, while in the Antarctic, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment.

  • Marginal note:Sewage

    (3) Despite subsection (1), no Canadian vessel that is certified to carry more than 10 persons on board shall, while in the Antarctic,

    • (a) discharge into the sea any untreated sewage within 12 nautical miles of any land or any iceshelf; or

    • (b) instantaneously discharge into the sea any sewage stored in a holding tank.

  • Meaning of “garbage”

    (4) In subsection (2), “garbage”, in respect of a vessel, means all kinds of victual, domestic and operational waste, other than fresh fish and parts of fresh fish.

Marginal note:Emergencies

 Sections 7 to 18 do not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value.

Marginal note:Things obtained in contravention of Act

 No person or vessel in Canada, and no Canadian or Canadian vessel while in the Antarctic, shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of this Act or the regulations.

PERMITS

Issuance

Marginal note:Issuance
  •  (1) The Minister may, on application, issue permits for the purposes of this Act.

  • Marginal note:Application

    (2) An application for a permit must be in the form and contain the information prescribed by the regulations.

  • Marginal note:Additional information

    (3) The Minister may require an applicant for a permit to provide the Minister with any information that he or she considers necessary.

  • Marginal note:Conditions

    (4) Subject to the regulations, the Minister may include in a permit any condition that he or she considers appropriate.

  • Marginal note:Minister may refuse or suspend permit

    (5) The Minister may refuse to issue a permit, or may amend, suspend or cancel a permit, if he or she is of the opinion that the public interest warrants it.

  • Marginal note:Statutory Instruments Act

    (6) A permit is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Application on behalf of others
  •  (1) A person may apply for a permit on behalf of a Canadian vessel or any other person and, if a permit is issued on behalf of a vessel or person other than the permit holder, that vessel or other person is subject to the conditions of the permit to the extent that those conditions are expressed in the permit to apply to them.

  • Marginal note:Identification of person or vessel

    (2) For the purpose of subsection (1), a Canadian vessel or person need not be expressly named in a permit in order to be subject to its conditions so long as the vessel or person is sufficiently identified in the permit, either by class or other description.

  • Marginal note:Deemed contravention by permit holder

    (3) If a Canadian vessel or person that is not a permit holder but that is bound by a condition of a permit contravenes the condition, the holder of the permit is also deemed to have contravened that condition.

Environmental Impact Assessments

Marginal note:Preliminary environmental evaluation
  •  (1) The Minister may issue a permit only if he or she is satisfied that a preliminary environmental evaluation in relation to the activities to which the permit is to relate has been conducted in accordance with the regulations.

  • Marginal note:Initial or comprehensive evaluation

    (2) If the Minister, after having considered the preliminary evaluation, is of the opinion that the activities will likely have at least a minor or transitory impact on the environment, he or she must ensure that an initial environmental evaluation, or a comprehensive environmental evaluation, in relation to those activities is conducted in accordance with the regulations before the permit is issued.

  • Marginal note:Comprehensive evaluation

    (3) If the Minister, after having considered an initial evaluation, is of the opinion that the activities will likely have more than a minor or transitory impact on the environment, he or she must ensure that a comprehensive environmental evaluation in relation to those activities is conducted in accordance with the regulations before a permit is issued.

  • Marginal note:Restriction

    (4) The Minister may not issue the permit if he or she is of the opinion, after having considered the comprehensive evaluation, that the activities are likely to have a significant adverse environmental impact that cannot be justified in the circumstances.

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.

 
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