Antarctic Environmental Protection Act (S.C. 2003, c. 20)

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.

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.

Waste Management Plans and Emergency Plans

Marginal note:Requirement for plans

24 The Minister may issue a permit that authorizes persons on a Canadian expedition, or a Canadian vessel or Canadian aircraft, to be in the Antarctic only if the Minister is satisfied that a waste management plan and an emergency plan for the expedition, vessel or aircraft have been prepared in accordance with the regulations.

Security

Marginal note:Requirement to provide security

• 25 (1) The Minister may require an applicant for a permit to provide and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations and in a form prescribed by the regulations or a form satisfactory to the Minister.

• Marginal note:How security may be applied

  (2) Any security may be applied by the Minister to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit.

Regulations

Marginal note:General

• 26 (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.

Marginal note:Regulations — fees

• 27 (1) The Minister may make regulations

  • (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for issuing, amending or renewing permits;

  • (b) prescribing the persons or vessels or classes of persons or vessels by whom or on whose behalf the fees are to be paid, and requiring the fees to be paid by those persons, vessels or classes;

  • (c) exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and

  • (d) generally, in respect of any condition or any other matter in relation to the payment of those fees.

• Marginal note:Limit

  (2) Fees that are prescribed by or under regulations made under subsection (1) in respect of the issuance, amendment or renewal of permits shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty in carrying out those functions.

Marginal note:Recovery

28 Fees required by the regulations to be paid constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Enforcement in Canada

Enforcement Officers and Analysts

Marginal note:Designation

• 29 (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

• Marginal note:Powers

  (2) For the purposes of this Act, an enforcement officer in Canada has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer.

• Marginal note:Limits

  (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.

• Marginal note:Production of certificate

  (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.

Marginal note:Immunity

29.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

Inspections in Canada

Marginal note:Entry

• 30 (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter any place in Canada in which the enforcement officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

• Marginal note:Dwelling-house

  (2) An enforcement officer may not enter a dwelling-house without the consent of the occupant or pursuant to a warrant issued under subsection (3).

• Marginal note:Warrant for inspection of dwelling-house

  (3) If, on ex parte application, a justice is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act, and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-house, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant.

• Marginal note:Warrants for inspection of non-dwellings

  (4) If, on ex parte application, a justice is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a place other than a dwelling-house,

  • (b) entry to the place is necessary for any purpose relating to the administration of this Act,

  • (c) entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and

  • (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place,

  the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant.

• Marginal note:Waiving notice

  (5) The justice may waive the requirement to give notice under paragraph (4)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

• Marginal note:Use of force

  (6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant.

• Marginal note:Stopping and detaining conveyances

  (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance.

• Marginal note:Vessels and aircraft

  (8) For the purposes of this Act but subject to subsection (2), if an enforcement officer believes on reasonable grounds that there is, on any vessels or aircraft in Canada, anything to which this Act applies or any document relating to its administration, the officer may, at any reasonable time,

  • (a) direct that the vessel be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain the vessel;

  • (b) board the vessel or aircraft; or

  • (c) travel on the vessel or aircraft.

• Marginal note:Powers of inspection

  (9) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,

  • (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place;

  • (b) open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing;

  • (c) examine any books, records, electronic data or other documents that he or she believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them;

  • (d) take samples of anything relevant to the administration of this Act; and

  • (e) conduct any tests or take any measurements.

• Marginal note:Analysts

  (10) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (9).

• Marginal note:Disposition of samples

  (11) An enforcement officer or analyst may dispose of a sample taken under paragraph (9)(d) in any manner that the officer or analyst considers appropriate.

• Marginal note:Operation of computer systems and copying equipment

  (12) In carrying out an inspection, an enforcement officer may

  • (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents.

• Marginal note:Duty of person in possession or control

  (13) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (12).

• Marginal note:Assistance

  (14) The owner or person in charge of a place being inspected under this section, and every person found in the place, shall

  • (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and

  • (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.