Antarctic Environmental Protection Regulations

Antarctic Environmental Protection Regulations Whereas the annexed proposed Regulations entitled Antarctic Environmental Protection Regulations are respecting matters that the Governor in Council considers necessary for carrying out the purposes of the Antarctic Environmental Protection Acta; S.C. 2003, c. 20 Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 26(1) of the Antarctic Environmental Protection Acta, hereby makes the annexed Antarctic Environmental Protection Regulations. Definition In these Regulations, Act means the Antarctic Environmental Protection Act. Who may apply Any person may apply for a permit. Application form An application for a permit must be in the form determined by the Minister and must contain the information and documents set out in the schedule. Content of application An application for a permit must be signed by the applicant and must include, in addition to the information required by the application form, a preliminary environmental evaluation in relation to the activities to which the permit is to relate that indicates the expected environmental impacts of those activities with sufficient detail to allow the Minister to assess whether they are likely to have less than a minor or transitory impact on the environment; a description of the procedures to be put into place by the applicant, including any monitoring, to assess and verify the environmental impact of the activities to which the permit is to relate; [Repealed, SOR/2025-195, s. 2] a waste management plan that meets the requirements of sections 34, 35 and 37 to 42; an emergency plan that meets the requirements of section 48; and a description of anything that the applicant intends to remove from the Antarctic. Acknowledgment of application The Minister must, within 30 days after the day on which an application for a permit is received, acknowledge its receipt. Minister’s decision The Minister must provide to the applicant a written notice of the Minister’s decision concerning the application within 90 days after the application is received if the applicant has provided the Minister with all of the information that is required by these Regulations or requested by the Minister under subsection 21(3) of the Act; and the Minister, after considering the preliminary environmental evaluation in relation to the activities to which the permit is to relate, is of the opinion that the activities will likely have less than a minor or transitory impact on the environment. Initial or comprehensive environmental evaluation If, after considering the preliminary environmental evaluation in relation to the activities to which the permit is to relate, the Minister is of the opinion that those activities are likely to have at least a minor or transitory impact on the environment, the Minister must, within 90 days after the day on which an application is received, provide to the applicant a written notice that they must have an initial environmental evaluation or a comprehensive environmental evaluation conducted. Evaluation to Minister The applicant must provide the evaluation to the Minister after it is completed. Contents of initial environmental evaluation An initial environmental evaluation must include a description of each proposed activity that includes the purpose, nature, location, duration and frequency of the activity; a consideration of alternatives to the proposed activities, including the alternative of not proceeding, and the consequences of those alternatives; and a description of any environmental impacts that the proposed activities may have, including a description of the potential cumulative impacts of the proposed activities and any other existing and planned activities. Decision following initial environmental evaluation Within 90 days after the day on which an initial environmental evaluation is received, the Minister must if the Minister is of the opinion that the activities to which the permit is to relate are likely to have more than a minor or transitory impact on the environment, provide to the applicant a written notice that the applicant must have a comprehensive environmental evaluation conducted; or provide to the applicant a written notice of the Minister’s decision concerning the application. The applicant must provide the comprehensive environmental evaluation to the Minister after it is completed. Contents of comprehensive environmental evaluation A comprehensive environmental evaluation must include the elements referred to in section 7.1; a description of the initial environmental reference state with which potential changes are to be compared and a prediction of the potential future environmental reference states if the proposed activities are not conducted; a description of the methods and data used to predict the potential environmental impacts of the proposed activities; an estimation of the nature, extent, duration and intensity of the likely direct environmental impacts of the proposed activities; a consideration of possible indirect or secondary environmental impacts of the proposed activities; an identification of measures, including monitoring programs, that could be taken to minimize or mitigate the environmental impacts of the proposed activities and to detect unforeseen impacts, and provide an early warning of any adverse effects of the proposed activities and a prompt and effective response to any accidents; an identification of the unavoidable environmental impacts of the proposed activities; a consideration of the effects of the proposed activities on the conduct of scientific research and on other existing uses and values; a description of gaps in knowledge and uncertainties encountered in compiling the information for the evaluation; a non-technical summary of the information provided; the name and address of the person who prepared the evaluation and, if the evaluation was prepared by an organization, the name and address of the organization’s representative; and any other information relevant to the proposed activities. Decision following comprehensive environmental evaluation The Minister must, within 19 months after the day on which a comprehensive environmental evaluation is received, provide to the applicant a written notice of the Minister’s decision concerning the application. When security to be provided If the Minister requires security to be provided by an applicant for a permit, the security must be provided to the Minister at the time the permit is issued. Amount of security The amount of security that may be required is $2,000,000. Time security to be maintained The time during which the security must be maintained may not be longer than two years after the expiry date of the permit. Content of permit Each permit must set out the name of the permit holder; the name of the persons authorized to conduct activities in the Antarctic; the names of the vessels authorized to conduct activities in the Antarctic; a description of the authorized activities, including where those activities are to be conducted; a description of anything that the permit holder is allowed to remove from the Antarctic; the date of issuance of the permit; the date of expiry of the permit; and the conditions of the permit. Condition The Minister may include in a permit the condition that the permit is not valid if the application for the permit contained any false or misleading information or failed to include any relevant information that might reasonably have affected the Minister’s decision to issue the permit. Condition — waste management plan The Minister must include in a permit the condition that the persons to whom the permit applies comply with the waste management plan. Permit not transferable A permit is not transferable. Obligations The permit holder must ensure that all persons to whom the permit applies receive training designed to limit the impact of their activities on the Antarctic environment; inform all persons to whom the permit applies of the requirements of the permit and these Regulations, including the requirements relating to the waste management plan and the emergency plan; within the time required in the permit, provide the Minister with a written summary report on the activities conducted within the Antarctic; unless subsection (2) applies, declare in the written summary report that all of the conditions of the permit have been fully adhered to; provide the Minister with an itinerary for the activities, including the route to be followed; notify the Minister in advance about any significant changes to the itinerary, including changes to the route to be followed; and provide any additional information that is requested by the Minister, within 30 days after the day on which the request is made. Failure to comply with condition If the permit holder or any other person to whom the permit applies fails to comply with a condition of the permit, the permit holder must give the Minister notice of that failure without delay and in any event within 30 days after the day on which the failure to comply occurs; and a written report, within 60 days after the day on which the failure to comply occurs, that identifies the condition and explains the failure to comply. Possession and production of permits Every permit holder and every other person to whom the permit applies must either be in possession of the permit, or a numbered copy of the permit, or have ready access to it at all times while in the Antarctic; and produce the permit, or a numbered copy of the permit, on request to the Minister, an inspector designated by the Minister under subsection 45(1) of the Act or an observer designated under Article VII of the Treaty. Permit on vessel A permit issued for a vessel must be kept on board the vessel. Surrender of permit Any person having possession or custody of a permit that has been suspended or cancelled by the Minister must surrender the permit, and any numbered copies of it, to the Minister by the date specified in the notice of suspension or cancellation. [Repealed, SOR/2025-195, s. 6] 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 the Revised List of Historic Sites and Monuments, published by the Secretariat of the Antarctic Treaty on its website, as amended from time to time. 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 to provide specimens for scientific study or scientific information; to provide specimens for museums, herbaria, zoological or botanical gardens or other educational or cultural institutions or uses; or to provide for unavoidable consequences of other scientific activities or the construction and operation of scientific support facilities. 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. 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 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 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. 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 is for a compelling scientific purpose; will not jeopardize the survival or recovery of that species or the local population of that species; and is done using non-lethal techniques, if practicable. 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. 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. Content of permits Any permit issued for the purpose of subsection 13(1) of the Act must specify the species that may be introduced into the Antarctic; the number of members of that species that may be introduced; if appropriate, the age and sex of the members that may be introduced; the precautions to be taken to prevent any escape of the members, any contact of the members with native fauna and flora, and any interference with an ecosystem of the Antarctic; and the obligations set out in section 23. Removal or disposal Before the expiry of a permit, the permit holder must remove from the Antarctic or dispose of any plant or animal in respect of which the permit is issued and any progeny of the plant or animal; and 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. Means of disposal The disposal must be 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 in a case to which paragraph (1)(b) applies, by incineration or an equally effective means that renders the plants or animals sterile. 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. 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. The Antarctic specially protected areas that are designated for the purpose of section 15 of the Act are the ones set out in the list of Antarctic Specially Protected Areas, published by the Secretariat of the Antarctic Treaty on its website, as amended from time to time. 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. Any permit issued for the purpose of section 15 of the Act in relation to a specially protected area 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 must specify the extent and location of the specially protected area, the activities that are authorized in relation to the specially protected area, when, where and by whom the activities may be conducted, and any other conditions that are imposed by the Management Plan. 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. 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 42, the most stringent of the requirements under those sections that apply to any of the substances apply to the mixture. 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. 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. Field camp wastes The permit holder must take all reasonable steps to move the wastes generated at a field camp to the station or vessel from which the field camp is supported; or 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. Contents of plan The waste management plan must apply to all wastes generated by the activities to which the permit relates and must include measures for the reduction, recycling, safe storage, removal and disposal of those wastes; provide that all reasonable steps must be taken to minimize the amount of waste generated or disposed of in the Antarctic; specify current and planned waste management measures, including measures for final disposal; specify current and planned measures for analysing the effects of waste and waste management on the Antarctic environment; specify other measures to minimize any negative effects of waste and waste management on the Antarctic environment; and specify the method used for recording wastes. Classification of wastes In the waste management plan, wastes produced must be classified as sewage and domestic liquid wastes (Group 1); other liquid wastes and chemicals, including fuel and lubricants (Group 2); solids to be combusted (Group 3); other solid wastes (Group 4); and radioactive material (Group 5). Annual review Within 30 days after each anniversary of the date of issuance of a permit, the permit holder must review and update his or her waste management plan and provide a copy of the updated plan to the Minister. Wastes to be removed The waste management plan must provide that the permit holder will remove from the Antarctic, before the permit expires, any of the following wastes that the permit holder brought into the Antarctic or produced while there: radioactive materials; electrical batteries; fuel, both solid and liquid; wastes containing heavy metals or toxic persistent organic compounds; polyvinyl chloride (PVC), polyurethane foam, polystyrene foam, rubber, electronic scrap, lubricating oils, treated wood or wood products and other products that contain additives that could produce harmful emissions if incinerated; all other plastic wastes, except low-density polyethylene containers (such as bags for storing wastes) if those containers are incinerated in accordance with section 38; fuel drums, except if their removal would result in a greater adverse environmental impact than leaving them in their existing locations; other solid, non-combustible wastes, except if their removal would result in a greater adverse environmental impact than leaving them in their existing locations; the solid residue of combustible wastes burned in an incinerator referred to in section 38; unless they are incinerated, autoclaved or otherwise treated to be made sterile, residues of carcasses of imported animals, laboratory cultures of micro-organisms and plant pathogens, and introduced avian products; any other liquid wastes, including sewage and domestic liquid wastes. Combustible wastes The waste management plan must provide that the permit holder will, before the permit expires, burn all combustible wastes that are not removed from the Antarctic in incinerators that, to the extent practicable, reduce harmful emissions and remove the solid residue of that incineration from the Antarctic. Disposal in ice pits Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of the wastes referred to in that paragraph in deep ice pits if the wastes are produced by stations located inland on ice shelves or on the grounded ice sheet and that disposal is the only practicable option. Location of pits The deep ice pits must not be located on known ice-flow lines that terminate at ice-free areas or in areas of high ablation. Disposal from vessel Despite sections 37 and 38, the waste management plan may allow the permit holder to dispose of wastes from a vessel into the sea if the disposal is in accordance with Annex V to MARPOL 73/78, the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating to it and by any more recent amendment that is in force; or under a permit issued under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999. Sewage and domestic liquid wastes Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of sewage or domestic liquid wastes, other than sewage or domestic liquid wastes from a vessel, directly into the sea if they are disposed of at a place where conditions exist for initial dilution and rapid dispersal of the sewage or wastes; and in the case of sewage or wastes that are produced at a station with an average weekly occupancy over the austral summer of at least 30 individuals, they are macerated before disposal. Treated sewage Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of the by-product of sewage, other than sewage from a vessel, that has been treated by the rotary biological contact process or a similar process into the sea if the disposal does not adversely affect the local environment; and is in accordance with Annex IV to the Protocol. [Repealed, SOR/2025-195, s. 13] List of locations Within 30 days after each anniversary of the date of issuance of a permit for a term of more than one year (including the term of any renewal of the permit), and within 30 days after the day on which a permit expires, the permit holder must provide the Minister with a list of all locations where wastes have been incinerated or otherwise disposed of in the Antarctic. Records A permit holder must record each disposal of wastes, including sewage discharges from vessels, and retain the record for five years. Reporting The permit holder must, without delay, advise the Minister about all measures undertaken in response to an emergency. Emergency plan Each emergency plan must identify the potential emergencies, including the potential impact on human health and the environment, that could result from the activities to which the permit is to relate; include an assessment of the relative risk of occurrence of the potential emergencies; set out the names and telephone numbers of personnel and describe their roles and responsibilities during an environmental emergency; identify the training required for emergency response personnel; list the equipment that will be available to deal with potential emergencies and indicate where it is located; identify the procedures by which emergency resources, including personnel, equipment, facilities and financial resources, can be obtained; and describe the procedures for implementing, reviewing and updating the plan. Coming into force These Regulations come into force on December 1, 2003. The following information about the expedition: the name of the expedition; the purpose of the expedition; the period for which the permit is requested; and the names of the expedition leader and each expedition staff member and their roles and areas of expertise (for example, scientific research, logistical support). The following information about the applicant: the applicant’s name; the applicant’s role with respect to the expedition or the vessel used in the expedition; the applicant’s mailing address, fax number, if any, and email address and a telephone number for the applicant that is answered 24 hours per day; the applicant’s nationality and passport number; and details of the applicant’s previous experience in the Antarctic or the Arctic, including the locations visited, the dates of entry into and exit from the Antarctic or the Arctic, the activities involved, the purpose of the activities (for example, science, tourism), and any other relevant details. The following information about the expedition leader, if the expedition leader is not the applicant: the expedition leader’s name; the expedition leader’s role with respect to the expedition or the vessel used in the expedition; the expedition leader’s mailing address, fax number, if any, and email address and a telephone number for the expedition leader that is answered 24 hours per day; the expedition leader’s nationality and passport number; and details of the expedition leader’s previous experience in the Antarctic or the Arctic, including The following information about each person covered by the permit other than crew members and passengers: each person’s name, mailing address, fax number, if any, and email address and a telephone number for each person that is answered 24 hours per day; each person’s role with respect to the expedition or the vessel used in the expedition; each person’s nationality and passport number; details of each person’s previous experience in the Antarctic or the Arctic, including any other relevant details; the type and level of training each person has received that is relevant to the activities to which the permit relates; and the minimum medical requirements set for each person before departure and a statement of confirmation that those requirements have been met. The following information about each vessel covered by the permit: the name of the vessel; the class of the vessel, including its ice class; the vessel’s port and country of registry; the vessel’s classification society; the vessel’s registration number; the vessel’s gross tonnage, overall length, beam and draft; a description of the type of vessel (for example, cargo, passenger, icebreaker) and other relevant details (for example, capacity, fuel type); the vessel’s call sign, telephone number, fax number, if any, and email address; the vessel’s high frequency (HF) and very high frequency (VHF) radio availability; the name of the person to whom the vessel will report on a daily basis; any special arrangements that have been or will be made to aid navigation and communication while the vessel is in Antarctic waters, including the provision of icebreaking services and the communication of sea ice information; the vessel’s GMDSS MMSI number and GMDSS area certification; and the number of aircraft to be carried by the vessel. A certified true copy of any applicable valid international maritime certificates, including any exemption certificates, for each vessel covered by the permit. The following information about the master of each vessel covered by the permit: the master’s name; the master’s role with respect to the expedition or the vessel; the type and level of training the master has received that is relevant to the activities to which the permit relates; and details of the master’s previous experience in the Antarctic or the Arctic, including The following information about the crew members and passengers of each vessel covered by the permit: the total number of officers; the number of deck and engineer officers and the classes of their certificates of competency; the number of crew members and their working language; the number of passengers; the maximum number of persons on board the vessel while it is in the Antarctic; and the type and level of training received by the crew members and passengers relevant to the activities to which the permit relates. The following information about each aircraft, including remotely piloted aircraft systems (RPAS), covered by the permit: the class of the aircraft; the aircraft’s country of registration; and the aircraft’s registration number. A copy of the permit, licence or certificate, as applicable to the aircraft, of any person who will pilot the aircraft. A copy of each insurance policy that sets out the details of the insurance coverage for the expedition, vessel and activities to which the permit relates. The following information about the insurance policy: the type of insurance; the amount of coverage; the policy number; and the insurer’s name, mailing address, telephone number, fax number and email address. The following information about the program and itinerary: the proposed dates for the departure of the expedition or vessel from Canada and its return to Canada; the location of the final departure for the Antarctic; the dates of entry into and exit from the Antarctic; the means of transport to and in the Antarctic (for example, vessel, aircraft, inflatable boat); the planned routes, locations to be visited, landings and activities at all times for the duration of the permit; the dates, duration and nature of the activities for each planned landing, the maximum number of persons on land at each landing and the ratio of expedition staff members to other persons; any planned interaction with the members of other expeditions or the crew members or passengers of other vessels; and the details of any risk assessments of planned routes, locations to be visited, landings, activities and contingency plans. The following information about logistics and support services: the types of support services required for the expedition in the Antarctic, including infrastructure (for example, accommodation, other facilities), food, fuel and equipment, as well as the source of the services and the location and date of its provision (specifying quantities, where appropriate); an indication of whether support services will be provided by airdrop and, if so, the dates and locations; the provisions that will be made to ensure radio communications (for example, the equipment to be carried, communication schedules), including contingency plans for loss of contact; and the provisions that will be made to ensure medical support, including any surgical facilities and the number of doctors and nurses. If the application is for a permit to undertake mineral resource activities in Antarctica, the following information about those activities: a description of the proposed activities; the purpose of the proposed activities; the location of the proposed activities; the timing of the proposed activities, including the start date, the end date and the reasons for choosing those dates; and the names and respective roles of the persons, organizations and countries to be involved in the proposed activities. If the application is for a permit to carry out activities that involve taking native mammals, birds or plants or damaging their habitats, the following information about those activities: the timing of the proposed activities, including the start date, the end date and the reasons for choosing those dates; the names and respective roles of the persons, organizations and countries to be involved in the proposed activities; the Latin name and common name of each native species to be affected by the proposed activities, as well as the number of individuals of each species and their age or life stage, sex and health; the procedures to be followed to ensure the most humane treatment practicable of native mammals and birds; a description of how the species will be transported, if applicable; and an assessment of the likelihood that the habitat of native species will be damaged as a result of the proposed activities and a description of the extent and nature of that damage. If the application is for a permit to carry out activities that involve entering a specially protected area, the following information about those activities: a description of the proposed activities in relation to the relevant specially protected area; the names and respective roles of the persons, organizations and countries to be involved in the proposed activities; and the number and title of the management plan for each specially protected area covered by the permit.