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Guide to the Antarctic Environmental Protection Act

• Application
• Prohibitions
• Permits
• Environmental Assessment
• Enforcement
• Disclosure of information

Purpose

The purpose of the Antarctic Environmental Protection Act (AEPA) is to protect the Antarctic environment, particularly by implementing the Protocol on Environmental Protection to the Antarctic Treaty. Canada has just ratified this Protocol, which is commonly called the Madrid Protocol after the city in which it was adopted. The AEPA provides the legislative basis that Canada requires to oversee Canadian activities in the Antarctic and otherwise fulfill the Protocol's obligations. The Minister of the Environment is the Minister for the purposes of this Act.

Application

The AEPA applies to Canadians, Canadian aircraft and Canadian vessels as defined in the Act. Canadians include Canadian citizens, permanent residents and Canadian corporations as defined in the Act. The Act also applies to anyone who is part of a Canadian expedition in the Antarctic. For the purpose of the Act, a Canadian expedition is an expedition that is organized in and from Canada or for which the final place of departure is Canada.

Prohibitions

The AEPA includes prohibitions that enable the Minister of the Environment to oversee Canadian activities in the Antarctic and to implement the prohibitions set out in the Madrid Protocol. Consistent with the stipulations of the Protocol, the AEPA provides exceptions in the case of emergencies involving the protection of the environment, as well as the safety of people and assets of significant value (e.g., a research vessel).

The general prohibitions of the AEPA require that people on Canadian expeditions and Canadian vessels obtain a permit from the Minister of the Environment to be in the Antarctic. Permits are also required for people to operate Canadian aircraft in the Antarctic. In the event that a Canadian research station is established in the Antarctic in the future, the Act requires that people obtain permits to be in such a station.

The Act specifically prohibits Canadians, and Canadian vessels where applicable, from undertaking the following activities in the Antarctic under any circumstance: damage of historic sites or monuments; open air burning of waste; disposal of waste in ice-free areas or freshwater systems; discharge into the sea any products or substances that are harmful to the marine environment except under the conditions established for the disposal of domestic liquid waste under Section 43 of the Regulations; introduction of prohibited substances into the Antarctic; and possession, sale or transport of anything that has been obtained in contravention of the Act or its Regulations.

The Act prohibits Canadians, and Canadian vessels where applicable, from undertaking the following activities, except where a permit has been granted or under circumstances described in the Act: activities related to mineral resources other than for scientific purposes; interference with wildlife indigenous to the Antarctic; introduction of animal or plant species that are not indigenous to the Antarctic; any activity related to waste disposal; and any activity in a specially protected area.

Permits

The Minister of the Environment is responsible for issuing permits under the AEPA. The AEPA's supporting Regulations provide more details on the permitting mechanism.

Recognizing the global effort to implement the Protocol, the authorization processes in place in other Parties to the Protocol, and the desire to avoid duplication, where a permit is required under AEPA, permit or equivalent written authorization from another country that is a Party to the Madrid Protocol is an adequate substitute under AEPA.

It is not necessary for everyone on an expedition, or everyone planning to carry out a specific activity in the Antarctic, to apply for a permit. One person may apply on behalf of others. The conditions of a permit apply to any person or vessel covered by that permit. A person who applies for and/or receives a permit is called a permit holder. The permit holder, for example an expedition leader, is responsible for the actions of every person and vessel covered by that permit.

Permit applications must include waste management plans and emergency plans. In some cases, the Minister may require that a permit applicant to provide and maintain a security to cover potential costs needed to prevent, mitigate or remedy any adverse environmental impacts caused by the permit holder while in the Antarctic.

Environmental Assessment

The AEPA permit approval process reflects the three stage process prescribed by the Madrid Protocol for the evaluation of environmental impacts of proposed activities, namely preliminary, initial and comprehensive environmental evaluations.

Stage 1: Preliminary Environmental Evaluation

Every permit application is subject to a preliminary environmental evaluation (PEE). If, on the basis of the PEE, the Minister of the Environment determines that the proposed activities are not likely to have even a minor or transitory impact on the environment, the environmental evaluation process concludes.

Stage 2: Initial Environmental Evaluation

If, on the basis of the PEE, the Minister determines that the proposed activities are likely to have at least a minor or transitory impact on the environment, the permit application must be subject to an initial environmental evaluation (IEE). The IEE involves compilation and analysis of more information on the environmental impacts of the proposed activities and notification of the Parties to the Protocol. If the Minister determines, on the basis of the IEE, that the proposed activities are not likely to have more than a minor or transitory impact on the environment, the environmental evaluation process concludes.

Stage 3: Comprehensive Environmental Evaluation

If, on the other hand, the Minister determines, on the basis of an IEE, that the proposed activities are likely to have more than a minor or transitory impact on the environment, the permit application must be subject to a comprehensive environmental evaluation (CEE). The CEE involves compilation and analysis of even more information, as well as formal consultation with the Parties to the Protocol.

Note: The IEE may be skipped and the permit application may go directly to a CEE if the PEE concludes that the proposed activities are likely to have more than a minor or transitory impact on the environment.

Enforcement

Enforcement of the legislation in Canada is the responsibility of enforcement officers designated under the AEPA. Consistent with other federal environmental legislation, these enforcement officers have the powers of a peace officer including inspection, search, seizure, detention, and forfeiture while acting in Canada. Offences, penalties and sentencing provisions are also similar to those provided under other federal environmental legislation, such as the Canadian Environmental Protection Act.

In the Antarctic, the AEPA allows for the designation of inspectors who have the powers to enter places; detain or board Canadian vessels or aircraft; or require that samples be taken or tests conducted.

Penalties for contravention AEPA or its Regulations are set at the following levels.

On conviction on indictment:

• for a first offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and
• for a second offence, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both.

On summary conviction:

• for a first offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both; and
• for a second offence, to a fine of not more than $600,000 or to imprisonment for a term of not more than one year, or to both.

Disclosure of Information

The AEPA includes provisions that allow the Government of Canada to share information with other Parties to the Protocol as part of the collaborative efforts to protect the Antarctic environment. This could include information related to the number of Canadian expeditions to the Antarctic each year, the activities undertaken and the results of monitoring conducted by permit holders. The AEPA further stipulates that disclosure of personal information is not allowed unless the disclosure in the interest of public health, safety or the protection of the environment and this interest in the disclosure outweighs in importance any damage to privacy.