Antarctic Environmental Protection Act (S.C. 2003, c. 20)
Full Document:
Act current to 2013-04-29 and last amended on 2012-07-06. Previous Versions
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.
Environmental Impact Assessments
Marginal note:Preliminary environmental evaluation
23. (1) The Minister may issue a permit only if he or she is satisfied that a preliminary environmental evaluation in relation to the activities to which the permit is to relate has been conducted in accordance with the regulations.
Marginal note:Initial or comprehensive evaluation
(2) If the Minister, after having considered the preliminary evaluation, is of the opinion that the activities will likely have at least a minor or transitory impact on the environment, he or she must ensure that an initial environmental evaluation, or a comprehensive environmental evaluation, in relation to those activities is conducted in accordance with the regulations before the permit is issued.
Marginal note:Comprehensive evaluation
(3) If the Minister, after having considered an initial evaluation, is of the opinion that the activities will likely have more than a minor or transitory impact on the environment, he or she must ensure that a comprehensive environmental evaluation in relation to those activities is conducted in accordance with the regulations before a permit is issued.
Marginal note:Restriction
(4) The Minister may not issue the permit if he or she is of the opinion, after having considered the comprehensive evaluation, that the activities are likely to have a significant adverse environmental impact that cannot be justified in the circumstances.
- Date modified: