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

Act current to 2019-06-20 and last amended on 2017-12-12. 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

    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

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

    Canadian

    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

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

    Canadian expedition

    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

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

    Chief Review Officer

    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

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

    master

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

    Minister

    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

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

    place

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

    Protocol

    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

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

    Treaty

    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

    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.

  • Marginal note: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.

Marginal note:Canadian aircraft

  •  (1) No person shall operate a Canadian aircraft in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a Canadian aircraft travelling to an immediate destination outside the Antarctic.

Marginal note:Mineral resources

 No Canadian or Canadian vessel shall, in the Antarctic, conduct any activity relating to mineral resources, including the recovery or exploitation of, or the prospecting or exploration for, mineral resources. This does not prohibit scientific research conducted in accordance with a permit or under the written authorization of another Party to the Protocol.

Marginal note:Native species

  •  (1) Except in accordance with a permit or under the written authorization of another Party to the Protocol, no Canadian shall, in the Antarctic,

    • (a) kill, injure, capture, handle or molest a native mammal or native bird;

    • (b) remove or damage native plants in a manner that significantly affects their local distribution or abundance;

    • (c) fly or land a helicopter or other aircraft in a manner that disturbs any concentration of native birds or seals;

    • (d) use a vehicle or vessel, including a hovercraft and a small boat, in a manner that disturbs any concentration of native birds or seals;

    • (e) use an explosive or firearm in a manner that disturbs any concentration of native birds or seals;

    • (f) while on foot, wilfully disturb a breeding or moulting native bird;

    • (g) while on foot, wilfully disturb any concentration of native birds or seals;

    • (h) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it, or in any other manner; or

    • (i) engage in any activity that results in the significant adverse modification of the habitat of any species or population of native mammals, native birds, native plants or native invertebrates.

  • Marginal note:Definitions

    (2) The following definitions apply in subsection (1).

    native bird

    native bird means a member, at any stage of its life cycle, including eggs, of any species of the class Aves that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (oiseau indigène)

    native invertebrate

    native invertebrate means any terrestrial or freshwater invertebrate, at any stage of its life cycle, that is indigenous to the Antarctic. (invertébré indigène)

    native mammal

    native mammal means a member of any species of the class Mammalia that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (mammifère indigène)

    native plant

    native plant means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to the Antarctic. (plante indigène)

 
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