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Antarctic Environmental Protection Act

Version of section 26 from 2017-12-12 to 2023-01-25:


Marginal note:General

  •  (1) The Governor in Council may make regulations

    • (a) respecting applications for permits, including 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;

    • (j.1) designating provisions of the regulations for the purposes of paragraphs 50(1)(b) and 50.3(1)(b); 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.

  • 2003, c. 20, s. 26
  • 2009, c. 14, s. 3
  • 2017, c. 26, s. 63(E)
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