SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Antarctic Environmental Protection Act.

INTERPRETATION

Marginal note:Definitions

• 2. (1) The following definitions apply in this Act.

  “Antarctic”

  « Antarctique »

  “Antarctic” means

  • (a) the continent of Antarctica, including its iceshelves;

  • (b) all islands south of 60^o 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 60^o south latitude; and

  • (d) all sea and airspace south of 60^o south latitude.

  “authorized representative”

  « représentant autorisé »

  “authorized representative” has the same meaning as in section 2 of the Canada Shipping Act, 2001.

  “Canadian”

  « Canadien »

  “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 body corporate established or continued under the laws of Canada or a province.

  “Canadian aircraft”

  « aéronef canadien »

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

  “Canadian expedition”

  « expédition canadienne »

  “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.

  “Canadian vessel”

  « bâtiment canadien »

  “Canadian vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001.

  “conveyance”

  « moyen de transport »

  “conveyance” includes any vehicle, vessel or aircraft.

  “master”

  « capitaine »

  “master” includes every person who has command or charge of a vessel but does not include a pilot.

  “Minister”

  « ministre »

  “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.

  “permit”

  « permis »

  “permit” means a permit issued under section 21.

  “place”

  « lieu »

  “place” includes any platform anchored at sea, shipping container or conveyance.

  “Protocol”

  « Protocole »

  “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.

  “registered owner”

  « propriétaire enregistré »

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

  “Treaty”

  « Traité »

  “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.

• 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.

• “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.

PURPOSE

Marginal note:Purpose of the Act

3. The purpose of this Act is to protect the Antarctic environment, particularly by implementing the Protocol.

APPLICATION

Marginal note:Her Majesty

4. This Act is binding on Her Majesty in right of Canada and of a province.

Marginal note:Non-application to Canadian Forces

5. 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.

Marginal note:Non-application of the Canadian Environmental Assessment Act

6. The Canadian Environmental Assessment Act does not apply to a project, within the meaning of subsection 2(1) of that Act, if the project is to be carried out in the Antarctic.

PROHIBITIONS

Marginal note:Canadian expeditions

• 7. (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

8. No person shall be in a Canadian station in the Antarctic except in accordance with a permit.

Marginal note:Canadian vessels

• 9. (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

• 10. (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

11. 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

• 12. (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”

  « oiseau indigène »

  “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.

  “native invertebrate”

  « invertébré indigène »

  “native invertebrate” means any terrestrial or freshwater invertebrate, at any stage of its life cycle, that is indigenous to the Antarctic.

  “native mammal”

  « mammifère indigène »

  “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.

  “native plant”

  « plante indigène »

  “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.

Marginal note:Introduction of non-native species

• 13. (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

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

Marginal note:Specially protected areas

15. 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

16. 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

• 17. (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

• 18. (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

19. 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

20. 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

• 21. (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

• 22. (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.