Antarctic Environmental Protection Regulations (SOR/2003-363)

Regulations are current to 2017-11-20 and last amended on 2010-09-23. Previous Versions

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.

Specified Substances and Products

Marginal note:Specification

 The substances and products that are set out in Article 7 of Annex III to the Protocol are specified for the purpose of section 14 of the Act.

Specially Protected Areas

Marginal note:Designation of areas

 The Antarctic specially protected areas that are designated for the purpose of section 15 of the Act are the ones set out in Schedule 3.

Marginal note:Management Plan

 In considering whether to issue a permit for the purpose of section 15 of the Act in relation to a specially protected area, the Minister must take into account the Management Plan for the specially protected area.

Marginal note:Content of permits

 Any permit issued for the purpose of section 15 of the Act in relation to a specially protected area

  • (a) must be accompanied by the sections of the Management Plan for the specially protected area that are relevant to the activity for which the permit was sought; and

  • (b) must specify

    • (i) the extent and location of the specially protected area,

    • (ii) the activities that are authorized in relation to the specially protected area,

    • (iii) when, where and by whom the activities may be conducted, and

    • (iv) any other conditions that are imposed by the Management Plan.

Marginal note:Area without Management Plan

 In the case of a specially protected area that does not have a Management Plan, any activities authorized by a permit issued for the purpose of section 15 of the Act must be for a compelling scientific purpose that cannot be served elsewhere and must not jeopardize the natural ecological system in the area.

  • SOR/2010-196, s. 3.

Waste Management

General Requirements

Marginal note:Application

 If wastes are mixed with another substance and the substances in the mixture are subject to different requirements under sections 31 to 33 and 37 to 46, the most stringent of the requirements under those sections that apply to any of the substances apply to the mixture.

  • SOR/2010-196, s. 4(F).
Marginal note:Storage

 Each permit holder who must remove wastes from the Antarctic or otherwise dispose of them must store them, until they are removed or disposed of, in such a way as to prevent their dispersal into the environment.

Marginal note:Removal of wastes

 The permit holder must return wastes that are removed from the Antarctic to the country from which the activities generating the waste were organized or to any other country in which arrangements have been made for the disposal of the wastes in accordance with relevant international agreements.

Marginal note:Field camp wastes

 The permit holder must take all reasonable steps to move the wastes generated at a field camp to

  • (a) the station or vessel from which the field camp is supported; or

  • (b) another station or vessel if the permit holder has arranged for the wastes to be managed there in accordance with Annex III to the Protocol.

Waste Management Plan

Marginal note:Contents of plan

 Each waste management plan must apply to all wastes generated by the activities to which the permit is to relate, including wastes generated by vessels, stations and field camps, and must

  • (a) include measures for the reduction, recycling, safe storage, removal and disposal of wastes from the activities to which the permit is to relate, as well as an undertaking by the permit holder to respect the measures described in sections 37 to 44;

  • (b) provide that all reasonable steps must be taken to minimize the amount of waste generated or disposed of in the Antarctic;

  • (c) specify current and planned waste management measures, including measures for final disposal;

  • (d) specify current and planned measures for analysing the effects of waste and waste management on the Antarctic environment;

  • (e) specify other measures to minimize any negative effects of waste and waste management on the Antarctic environment; and

  • (f) specify the method used for recording wastes.

  • SOR/2010-196, s. 5.
 
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