Antarctic Environmental Protection Act

An Act respecting the protection of the Antarctic Environment

Canada (Federal)· A-11.44· 621 sections· current to 2026-03-26In force

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Sections622

1Short title
This Act may be cited as the Antarctic Environmental Protection Act.
2Definitions
2(1)
The following definitions apply in this Act.
2(1)[p3]
Antarctic means
2(1)[p3](a)
the continent of Antarctica, including its iceshelves;
2(1)[p3](b)
all islands south of 60o south latitude, including their iceshelves;
2(1)[p3](c)
all areas of the continental shelf that are adjacent to that continent or to those islands and that are south of 60o south latitude; and
2(1)[p3](d)
all sea and airspace south of 60o south latitude. (Antarctique)
2(1)[p8]
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)
2(1)[p9]
Canadian means
2(1)[p9](a)
a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or
2(1)[p9](b)
a corporation established or continued under the laws of Canada or a province. (Canadien)
2(1)[p12]
Canadian aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef canadien)
2(1)[p13]
Canadian expedition means a journey undertaken by a person or persons
2(1)[p13](a)
that is organized in Canada; or
2(1)[p13](b)
for which the final place of departure of the person or persons is in Canada. (expédition canadienne)
2(1)[p16]
Canadian vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment canadien)
2(1)[p17]Repealed
Chief Review Officer[Repealed, 2026, c. 3, s. 533]
2(1)[p18]
conveyance includes any vehicle, vessel or aircraft. (moyen de transport)
2(1)[p19]
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999. (Tribunal de la protection de l’environnement du Canada)
2(1)[p20]
master includes every person who has command or charge of a vessel but does not include a pilot. (capitaine)
2(1)[p21]
Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purpose of this Act. (ministre)
2(1)[p22]
permit means a permit issued under section 21. (permis)
2(1)[p23]
place includes any platform anchored at sea, shipping container or conveyance. (lieu)
2(1)[p24]
Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed at Madrid on October 4, 1991, as amended from time to time, to the extent that the amendments are binding on Canada. (Protocole)
2(1)[p25]
registered owner has the same meaning as in subsection 3(1) of the Aeronautics Act. (propriétaire enregistré)
2(1)[p26]
Treaty means the Antarctic Treaty, signed at Washington on December 1, 1959, as amended from time to time, to the extent that the amendments are binding on Canada. (Traité)
2(1)[p27]
vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform. (bâtiment)
2(2)Same meaning
Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Treaty or the Protocol.
2(3)Another Party to the Protocol
A reference in this Act to another Party to the Protocol is a reference to a Party other than Canada.
3Purpose of the Act
The purpose of this Act is to protect the Antarctic environment, particularly by implementing the Protocol.
4Her Majesty
This Act is binding on Her Majesty in right of Canada and of a province.
5Non-application to Canadian Forces
This Act does not apply to a member of the Canadian Forces acting in that capacity or in respect of a vessel, facility or aircraft of the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.
6Repealed
[Repealed, 2012, c. 19, s. 60]
7Canadian expeditions
7(1)
No person who is on a Canadian expedition shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.
7(2)Exceptions
Subsection (1) does not apply to a person who is
7(2)(a)
travelling through, on or above the high seas to an immediate destination outside the Antarctic; or
7(2)(b)
in the Antarctic for the sole purpose of fishing for profit.
8Canadian stations
No person shall be in a Canadian station in the Antarctic except in accordance with a permit.
9Canadian vessels
9(1)
No Canadian vessel shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.
9(2)Exceptions
Subsection (1) does not apply to a Canadian vessel that is
9(2)(a)
travelling through or on the high seas to an immediate destination outside the Antarctic; or
9(2)(b)
in the Antarctic for the sole purpose of fishing for profit.
10Canadian aircraft
10(1)
No person shall operate a Canadian aircraft in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.
10(2)Exception
Subsection (1) does not apply in respect of a Canadian aircraft travelling to an immediate destination outside the Antarctic.
11Mineral resources
No Canadian or Canadian vessel shall, in the Antarctic, conduct any activity relating to mineral resources, including the recovery or exploitation of, or the prospecting or exploration for, mineral resources. This does not prohibit scientific research conducted in accordance with a permit or under the written authorization of another Party to the Protocol.
12Native species
12(1)
Except in accordance with a permit or under the written authorization of another Party to the Protocol, no Canadian shall, in the Antarctic,
12(1)(a)
kill, injure, capture, handle or molest a native mammal or native bird;
12(1)(b)
remove or damage native plants in a manner that significantly affects their local distribution or abundance;
12(1)(c)
fly or land a helicopter or other aircraft in a manner that disturbs any concentration of native birds or seals;
12(1)(d)
use a vehicle or vessel, including a hovercraft and a small boat, in a manner that disturbs any concentration of native birds or seals;
12(1)(e)
use an explosive or firearm in a manner that disturbs any concentration of native birds or seals;
12(1)(f)
while on foot, wilfully disturb a breeding or moulting native bird;
12(1)(g)
while on foot, wilfully disturb any concentration of native birds or seals;
12(1)(h)
significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it, or in any other manner; or
12(1)(i)
engage in any activity that results in the significant adverse modification of the habitat of any species or population of native mammals, native birds, native plants or native invertebrates.
12(2)Definitions
The following definitions apply in subsection (1).
12(2)[p60]
12(2)[p61]
native bird means a member, at any stage of its life cycle, including eggs, of any species of the class Aves that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (oiseau indigène)
12(2)[p62]
native invertebrate means any terrestrial or freshwater invertebrate, at any stage of its life cycle, that is indigenous to the Antarctic. (invertébré indigène)
12(2)[p63]
native mammal means a member of any species of the class Mammalia that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (mammifère indigène)
12(2)[p64]
native plant means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to the Antarctic. (plante indigène)
13Introduction of non-native species
13(1)
No Canadian or Canadian vessel shall introduce into the Antarctic any animal or plant of a species that is not indigenous to the Antarctic, except in accordance with a permit or under the written authorization of another Party to the Protocol.
13(2)Exceptions
Subsection (1) does not apply in respect of
13(2)(a)
any bird or mammal that occurs in the Antarctic seasonally through natural migrations; or
13(2)(b)
food other than poultry or live animals.
14Specified substances and products
No Canadian or Canadian vessel shall introduce into the Antarctic any substance or product specified in the regulations.
15Specially protected areas
No Canadian or Canadian vessel shall be in an Antarctic specially protected area designated by the regulations except in accordance with a permit or under the written authorization of another Party to the Protocol.
16Historic sites and monuments
No Canadian or Canadian vessel shall damage, destroy or remove any part of an historic site or monument in the Antarctic designated by the regulations.
17Waste disposal
17(1)
No Canadian shall dispose of waste in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol.
17(2)Absolute prohibition
Despite subsection (1), no Canadian shall, in the Antarctic, burn waste in the open air or dispose of waste in any ice-free area or in any fresh water system.
18Discharge 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.
18(2)Absolute prohibition — garbage
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.
18(3)Sewage
Despite subsection (1), no Canadian vessel that is certified to carry more than 10 persons on board shall, while in the Antarctic,
18(3)(a)
discharge into the sea any untreated sewage within 12 nautical miles of any land or any iceshelf; or
18(3)(b)
instantaneously discharge into the sea any sewage stored in a holding tank.
18(4)Meaning of garbage
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.
19Emergencies
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.
20Things obtained in contravention of Act
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.
21Issuance
21(1)
The Minister may, on application, issue permits for the purposes of this Act.
21(2)Application
An application for a permit must be in the form and contain the information prescribed by the regulations.
21(3)Additional information
The Minister may require an applicant for a permit to provide the Minister with any information that he or she considers necessary.
21(4)Conditions
Subject to the regulations, the Minister may include in a permit any condition that he or she considers appropriate.
21(5)Minister may refuse or suspend permit
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.
21(6)Statutory Instruments Act
A permit is not a statutory instrument for the purposes of the Statutory Instruments Act.
22Application 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.
22(2)Identification of person or vessel
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.
22(3)Deemed contravention by permit holder
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.
23Preliminary 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.
23(2)Initial or comprehensive evaluation
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.
23(3)Comprehensive evaluation
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.
23(4)Restriction
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.
24Requirement for plans
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.
25Requirement 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.
25(2)How security may be applied
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.
26General
26(1)
The Governor in Council may make regulations
26(1)(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;
26(1)(b)
respecting the making of applications for a permit on behalf of a Canadian vessel;
26(1)(c)
respecting the issuance, renewal, cancellation and suspension of permits, and the conditions that the Minister may include in a permit;
26(1)(d)
respecting the activities that may be authorized by a permit;
26(1)(e)
specifying substances and products for the purposes of section 14;
26(1)(f)
designating Antarctic specially protected areas for the purposes of section 15;
26(1)(g)
designating historic sites and monuments for the purposes of section 16;
26(1)(h)
respecting environmental impact assessments for the purposes of section 23;
26(1)(i)
respecting waste management plans and emergency plans for the purposes of section 24;
26(1)(j)
respecting security for the purposes of section 25;
26(1)(j.1)
designating provisions of the regulations for the purposes of paragraphs 50(1)(b) and 50.3(1)(b); and
26(1)(k)
respecting any other matter that the Governor in Council considers necessary for carrying out the purposes of this Act.
26(2)Incorporation by reference
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.
26(3)Amended from time to time
Material may be incorporated by reference as it existed on a specified date or as amended from time to time.
26(4)Incorporated material is not a regulation
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.
26(5)Defence
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,
26(5)(a)
the material was reasonably accessible to the person or vessel;
26(5)(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
26(5)(c)
the material had been published in the Canada Gazette.
27Regulations — fees
27(1)
The Minister may make regulations
27(1)(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;
27(1)(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;
27(1)(c)
exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and
27(1)(d)
generally, in respect of any condition or any other matter in relation to the payment of those fees.
27(2)Limit
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.
28Recovery
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.
29Designation
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.
29(2)Powers
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.
29(3)Limits
The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.
29(4)Production of certificate
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.
29.1Immunity
Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.
30Entry
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.
30(2)Dwelling-house
An enforcement officer may not enter a dwelling-house without the consent of the occupant or pursuant to a warrant issued under subsection (3).
30(3)Warrant for inspection of dwelling-house
If, on ex parte application, a justice is satisfied by information on oath that 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.
30(3)(a)
the conditions for entry described in subsection (1) exist in relation to a dwelling-house,
30(3)(b)
entry to the dwelling-house is necessary for any purpose relating to the administration of this Act, and
30(3)(c)
entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,
30(4)Warrants for inspection of non-dwellings
If, on ex parte application, a justice is satisfied by information on oath that 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.
30(4)(a)
the conditions for entry described in subsection (1) exist in relation to a place other than a dwelling-house,
30(4)(b)
entry to the place is necessary for any purpose relating to the administration of this Act,
30(4)(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
30(4)(d)
subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place,
30(5)Waiving notice
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.
30(6)Use of force
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.
30(7)Stopping and detaining conveyances
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.
30(8)Vessels and aircraft
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,
30(8)(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;
30(8)(b)
board the vessel or aircraft; or
30(8)(c)
travel on the vessel or aircraft.
30(9)Powers of inspection
In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,
30(9)(a)
examine any substance, product or other thing relevant to the administration of this Act that is found in the place;
30(9)(b)
open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing;
30(9)(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;
30(9)(d)
take samples of anything relevant to the administration of this Act; and
30(9)(e)
conduct any tests or take any measurements.
30(10)Analysts
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).
30(11)Disposition of samples
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.
30(12)Operation of computer systems and copying equipment
In carrying out an inspection, an enforcement officer may
30(12)(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;
30(12)(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
30(12)(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.
30(13)Duty of person in possession or control
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).
30(14)Assistance
The owner or person in charge of a place being inspected under this section, and every person found in the place, shall
30(14)(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
30(14)(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.
31Production of documents and samples
31(1)
The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person in Canada, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand,
31(1)(a)
to produce at a place specified by the Minister any sample taken in Canada or any document; or
31(1)(b)
to conduct any tests in Canada or take any measurements or samples there.
31(2)Compliance
Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.
32Authority to issue warrant for search and seizure
32(1)
If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place in Canada the justice may issue a warrant authorizing an enforcement officer, or any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b), subject to any conditions that may be specified in the warrant.
32(1)(a)
anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or
32(1)(b)
anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act,
32(2)Warrant for seizure of vessel or aircraft
If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed by a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft, he or she may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the vessel or aircraft anywhere in Canada.
32(3)Search and seizure
A person authorized by a warrant issued under subsection (1) or (2) may
32(3)(a)
at any reasonable time, enter and search a place referred to in the warrant;
32(3)(b)
seize and detain anything referred to in the warrant; and
32(3)(c)
exercise the powers described in subsections 30(9) and (11).
32(4)Where warrant not necessary
An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practical to obtain the warrant.
32(5)Exigent circumstances
For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in a danger to human life or the environment or the loss or destruction of evidence.
32(6)Operation of computer system and copying equipment
A person authorized under this section to search a place may
32(6)(a)
use or cause to be used any computer system at the place to search any data contained in or available to the computer system;
32(6)(b)
reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output;
32(6)(c)
seize any printout or other output for examination or copying; or
32(6)(d)
use or cause to be used any copying equipment at the place to make copies of the record.
32(7)Duty of person in possession or control
Every person who is in possession or control of a place where a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6).
33Custody
33(1)
Anything seized under section 32 must be delivered into the custody of a person whom the Minister designates.