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Antarctic Environmental Protection Regulations (SOR/2003-363)

Regulations are current to 2022-09-22 and last amended on 2010-09-23. Previous Versions

Antarctic Environmental Protection Regulations

SOR/2003-363

ANTARCTIC ENVIRONMENTAL PROTECTION ACT

Registration 2003-11-10

Antarctic Environmental Protection Regulations

P.C. 2003-1806 2003-11-10

Whereas the annexed proposed Regulations entitled Antarctic Environmental Protection Regulations are respecting matters that the Governor in Council considers necessary for carrying out the purposes of the Antarctic Environmental Protection ActFootnote a;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 26(1) of the Antarctic Environmental Protection Acta, hereby makes the annexed Antarctic Environmental Protection Regulations.

Interpretation

Marginal note:Definition

 In these Regulations, Act means the Antarctic Environmental Protection Act.

Application for Permits

Marginal note:Who may apply

 Any person may apply for a permit.

Marginal note:Application form

 An application for a permit must be in the form set out in Schedule 1 and must contain the information required by the form.

Marginal note:Content of application

 An application for a permit must be signed by the applicant and must include, in addition to the information required by the application form,

  • (a) a preliminary environmental evaluation that meets the requirements of section 14;

  • (b) a description of the procedures to be put into place by the applicant, including any monitoring, to assess and verify the environmental impact of the activities to which the permit is to relate;

  • (c) the Management Plan, if any, for any specially protected area to which the permit relates;

  • (d) a waste management plan that meets the requirements of sections 34 and 35;

  • (e) an emergency plan that meets the requirements of section 48; and

  • (f) a description of anything that the applicant intends to remove from the Antarctic.

Marginal note:Acknowledgment of application

 Within 30 days after the Minister receives an application for a permit, the Minister must send the applicant an acknowledgment that the application has been received.

Marginal note:Minister’s decision

 The Minister must provide to the applicant a written notice of the Minister’s decision concerning the application within 90 days after the application is received if

  • (a) the applicant has provided the Minister with all of the information that is required by these Regulations or requested by the Minister under subsection 21(3) of the Act; and

  • (b) the Minister, after considering the preliminary environmental evaluation in relation to the activities to which the permit is to relate, is of the opinion that the activities will likely have less than a minor or transitory impact on the environment.

Marginal note:Further evaluation

 If the Minister is of the opinion that the activities are likely to have at least a minor or transitory impact on the environment, the Minister must

  • (a) within 90 days after receiving the application, inform the applicant in writing that an initial environmental evaluation or a comprehensive environmental evaluation, as the case may be, must be conducted by the applicant; and

  • (b) within 90 days after the completion of all the environmental evaluations that are required under section 23 of the Act, provide to the applicant a written notice of the Minister’s decision concerning the application.

Security

Marginal note:When security to be provided

  •  (1) If the Minister requires security to be provided by an applicant for a permit, the security must be provided to the Minister at the time the permit is issued.

  • Marginal note:Amount of security

    (2) The amount of security that may be required is $2,000,000.

  • Marginal note:Time security to be maintained

    (3) The time during which the security must be maintained may not be longer than two years after the expiry date of the permit.

Permits

Marginal note:Content of permit

 Each permit must set out

  • (a) the name of the permit holder;

  • (b) the name of the persons authorized to conduct activities in the Antarctic;

  • (c) the names of the vessels authorized to conduct activities in the Antarctic;

  • (d) a description of the authorized activities, including where those activities are to be conducted;

  • (e) a description of anything that the permit holder is allowed to remove from the Antarctic;

  • (f) the date of issuance of the permit;

  • (g) the date of expiry of the permit; and

  • (h) the conditions of the permit.

Marginal note:Condition

 The Minister may include in a permit the condition that the permit is not valid if the application for the permit contained any false or misleading information or failed to include any relevant information that might reasonably have affected the Minister’s decision to issue the permit.

Marginal note:Permit not transferable

 A permit is not transferable.

Obligations

Marginal note:Obligations

  •  (1) The permit holder must

    • (a) ensure that all persons to whom the permit applies receive training designed to limit the impact of their activities on the Antarctic environment;

    • (b) inform all persons to whom the permit applies of the requirements of the permit and these Regulations, including the requirements relating to the waste management plan and the emergency plan;

    • (c) within the time required in the permit, provide the Minister with a written summary report on the activities conducted within the Antarctic;

    • (d) unless subsection (2) applies, declare in the written summary report that all of the conditions of the permit have been fully adhered to;

    • (e) provide the Minister with an itinerary for the activities, including the route to be followed;

    • (f) notify the Minister in advance about any significant changes to the itinerary, including changes to the route to be followed; and

    • (g) provide any additional information that is requested by the Minister, within 30 days after the day on which the request is made.

  • Marginal note:Failure to comply with condition

    (2) If the permit holder or any other person to whom the permit applies fails to comply with a condition of the permit, the permit holder must give the Minister

    • (a) notice of that failure without delay and in any event within 30 days after the day on which the failure to comply occurs; and

    • (b) a written report, within 60 days after the day on which the failure to comply occurs, that identifies the condition and explains the failure to comply.

  • Marginal note:Possession and production of permits

    (3) Every permit holder and every other person to whom the permit applies must

    • (a) either be in possession of the permit, or a numbered copy of the permit, or have ready access to it at all times while in the Antarctic; and

    • (b) produce the permit, or a numbered copy of the permit, on request to the Minister, an inspector designated by the Minister under subsection 45(1) of the Act or an observer designated under Article VII of the Treaty.

  • Marginal note:Permit on vessel

    (4) A permit issued for a vessel must be kept on board the vessel.

Suspension or Cancellation of Permit

Marginal note:Surrender of permit

 Any person having possession or custody of a permit that has been suspended or cancelled by the Minister must surrender the permit, and any numbered copies of it, to the Minister by the date specified in the notice of suspension or cancellation.

Environmental Impact Assessment

Marginal note:Assessment of impacts of activities

  •  (1) The preliminary environmental evaluation that must be included with an application for a permit must

    • (a) indicate whether, in the opinion of the applicant, the activities to which the permit is to relate will have more than a minor or transitory impact on the Antarctic environment; and

    • (b) contain enough details of the impacts of those activities on that environment to allow the Minister to assess whether the activities will likely have more than a minor or transitory impact on that environment.

  • Marginal note:What must be included

    (2) The preliminary environmental evaluation must include

    • (a) a description of each proposed activity that includes the purpose, nature, location, duration and frequency of the activity;

    • (b) a consideration of alternatives to the proposed activities, including the alternative of not proceeding, and the consequences of those alternatives;

    • (c) a description of any environmental impacts that the proposed activities may have, including a description of predicted cumulative impacts in the light of existing and planned activities;

    • (d) a description of the initial environmental reference state with which predicted changes are to be compared and a prediction of the future environmental reference state in the absence of the proposed activities;

    • (e) a description of the methods and data used to predict the environmental impacts of the proposed activities;

    • (f) an estimation of the nature, extent, duration and intensity of the likely direct environmental impacts of the proposed activities;

    • (g) a consideration of possible indirect or secondary environmental impacts of the proposed activities;

    • (h) an identification of measures, including monitoring programs, that

      • (i) could be taken to minimize or mitigate the environmental impacts of the proposed activities and to detect unforeseen impacts, and

      • (ii) could provide an early warning of any adverse effects of the proposed activities and could deal promptly and effectively with accidents;

    • (i) an identification of the unavoidable environmental impacts of the proposed activities;

    • (j) a consideration of the effects of the proposed activities on the conduct of scientific research and on other existing uses and values;

    • (k) an identification of gaps in knowledge and uncertainties encountered in compiling the information relating to the evaluation;

    • (l) a non-technical summary of the information provided;

    • (m) the name and address of the person or organization that prepared the evaluation; and

    • (n) any other information relevant to the proposed activities.

  • SOR/2010-196, s. 1(F)

Historic Sites and Monuments

Marginal note:Designation

 The historic sites and monuments in the Antarctic that are designated for the purpose of section 16 of the Act are the ones set out in Schedule 2.

Native and Non-native Species

Native Species

Marginal note:Limitation on authority to issue permit

 The Minister may issue a permit for the purpose of an activity to which section 12 of the Act applies only if that purpose is

  • (a) to provide specimens for scientific study or scientific information;

  • (b) to provide specimens for museums, herbaria, zoological or botanical gardens or other educational or cultural institutions or uses; or

  • (c) to provide for unavoidable consequences of other scientific activities or the construction and operation of scientific support facilities.

Marginal note:Manner of taking

 The Minister may include in a permit for the taking of native mammals or native birds the condition that the taking of the mammals or birds must be done in the manner that involves the least degree of pain and suffering practicable being inflicted on them.

Marginal note:Factors to be considered

 In considering whether to issue a permit referred to in section 12 of the Act, the Minister may take into account the permits issued by all other Parties to the Protocol to ensure that

  • (a) only small numbers of native mammals or native birds are killed and the number of native mammals or native birds that are killed during a season from a local population, considered along with the number of native mammals or native birds from that local population that are taken or to be taken under other permits, is not so great that the total number of native mammals or native birds taken from the local population could not be replaced by normal natural reproduction during the following season; and

  • (b) the diversity of species, as well as the habitats essential to their existence, and the balance of the ecological systems existing within the Antarctic are maintained.

  • SOR/2010-196, s. 2(E)

Specially Protected Species

Marginal note:Limitation on issuance of permit

 The Minister may issue a permit for the purpose of section 12 of the Act for the taking of a specially protected species set out in Appendix A of Annex II to the Protocol only if the taking

  • (a) is for a compelling scientific purpose;

  • (b) will not jeopardize the survival or recovery of that species or the local population of that species; and

  • (c) is done using non-lethal techniques, if practicable.

Non-native Species

Marginal note:No dogs to be introduced

 A permit may not be issued for the purpose of subsection 13(1) of the Act to allow any dog to be introduced into the Antarctic.

Marginal note:Species that may be introduced

 Permits may be issued for the purpose of subsection 13(1) of the Act to allow the introduction into the Antarctic of animals or plants of a species listed in Appendix B to Annex II to the Protocol.

Marginal note:Content of permits

 Any permit issued for the purpose of subsection 13(1) of the Act must specify

  • (a) the species that may be introduced into the Antarctic;

  • (b) the number of members of that species that may be introduced;

  • (c) if appropriate, the age and sex of the members that may be introduced;

  • (d) the precautions to be taken to prevent

    • (i) any escape of the members,

    • (ii) any contact of the members with native fauna and flora, and

    • (iii) any interference with an ecosystem of the Antarctic; and

  • (e) the obligations set out in section 23.

Marginal note:Removal or disposal

  •  (1) Before the expiry of a permit, the permit holder must remove from the Antarctic or dispose of

    • (a) any plant or animal in respect of which the permit is issued and any progeny of the plant or animal; and

    • (b) any other plant or animal that the permit holder has introduced and that is not indigenous to the Antarctic, including the progeny of any such plant or animal, unless the plant or animal poses no risk to native flora or fauna or to an ecosystem of the Antarctic.

  • Marginal note:Means of disposal

    (2) The disposal must be

    • (a) in a case to which paragraph (1)(a) applies, by incineration or an equally effective means that eliminates risk to native fauna and flora and to the ecosystems of the Antarctic; and

    • (b) in a case to which paragraph (1)(b) applies, by incineration or an equally effective means that renders the plants or animals sterile.

Marginal note:Plant and animal parts and products

 A permit holder must keep all parts and products of plants and animals that are introduced into the Antarctic under carefully controlled conditions, and before the expiry of the permit must dispose of them in a manner that eliminates any risk to native fauna and flora and to the ecosystems of the Antarctic.

 
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