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

Act current to 2019-07-01 and last amended on 2017-12-12. Previous Versions

Obstruction and False Information (continued)

Marginal note:Subsequent applications with leave

 If an application made under section 67 in respect of an offender has been heard by a court, no other application may be made under that section with respect to the offender except with leave of the court.

Marginal note:Application of fines

  •  (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.

  • Marginal note:Recommendations of court

    (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).

  • 2009, c. 14, s. 19

Marginal note:Publication of information about contraventions

  •  (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

  • Marginal note:Retention

    (2) Information in the registry is to be maintained for a minimum of five years.

  • 2009, c. 14, s. 19

Marginal note:Contraventions Act

 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

  • 2009, c. 14, s. 19

Marginal note:Review

  •  (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 50 to 68.3.

  • Marginal note:Report to Parliament

    (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

  • 2009, c. 14, s. 19

Disclosure of Information

Marginal note:Purposes for which information may be disclosed

  •  (1) Information obtained in the administration of this Act may be disclosed

    • (a) as may be necessary for the purposes of the administration or enforcement of this Act;

    • (b) in order to notify other Parties to the Protocol

      • (i) of the number and nature of permits issued under this Act, including their conditions,

      • (ii) of any environmental emergency that has been discovered in the Antarctic or of any information relevant to a potential environmental risk in the Antarctic, and

      • (iii) of an emergency in the Antarctic referred to in section 19 and any activities undertaken in relation to that emergency by a Canadian or other person on a Canadian expedition, a Canadian vessel or a Canadian aircraft;

    • (c) in order to make publicly available annual reports on the steps taken by Canada to implement the Protocol, including administrative actions, enforcement measures and the preparation and implementation of emergency plans and waste management plans;

    • (d) in order to make the following publicly available:

      • (i) an initial environmental evaluation,

      • (ii) any significant information obtained from procedures put in place to assess and verify the impact of an activity that has been the subject of an initial or comprehensive environmental evaluation, and any action taken in relation to that information, and

      • (iii) a draft comprehensive environmental evaluation, any comments received on the draft, the final comprehensive environmental evaluation, notice of any decision relating to the final evaluation and any evaluation of the significance of the predicted impacts in relation to the proposed activity;

    • (e) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, if

      • (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

      • (ii) the government, international organization, institution or other minister undertakes to keep the information confidential; or

    • (f) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, if the government or organization undertakes to keep the information confidential.

  • Marginal note:Disclosure of personal information

    (2) Personal information as defined in section 3 of the Privacy Act may not be disclosed under subsection (1) unless

    • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

    • (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Coming into Force

Marginal note:Order

Footnote * The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 
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