Canada / Federal / Proposed Regulations
Canada Gazette, Part I, Volume 159, Number 6: Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations
Source
February 8, 2025
2025-02-08

Canada Gazette, Part I, Volume 159, Number 6: Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations

February 8, 2025

Statutory authorities
Antarctic Environmental Protection Act
Environmental Violations Administrative Monetary Penalties Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The environmental protection of the Antarctic is governed by the Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol. Canada implements the Madrid Protocol through the Antarctic Environmental Protection Act (AEPA) and the Antarctic Environmental Protection Regulations (the Regulations).

The Madrid Protocol distinguishes between three types of environmental evaluations (preliminary, initial, and comprehensive) based on the impact level. Activities with less than minor or transitory impacts on the Antarctic environment require a preliminary environmental evaluation, activities with no more than minor or transitory impacts require an initial environmental evaluation and activities with more than minor or transitory impacts require a comprehensive environmental evaluation on the Antarctic environment. Under the Regulations, all activities, even those with less than or no more than minor or transitory impacts are subject to the same environmental evaluation requirements as activities with minor or transitory or greater impacts, which could impose unnecessary administrative burden on some permit applicants.

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified provisions requiring updates to facilitate greater compliance with the Regulations. The SJCSR expressed concerns that waste disposal methods are addressed in separate sections in the Regulations, and that permit holders are not required to demonstrate how they will meet the requirements of waste disposal methods in their waste management plans.

As well, Schedule 2 (Historic Sites and Monuments in the Antarctic) and Schedule 3 (Antarctic Specially Protected Areas) to the Regulations have not been updated since the Regulations came into force in 2003. However, historic sites, monuments and specially protected areas are updated on an annual basis at the Antarctic Treaty Consultative Meetings (ATCM), which has led to these schedules becoming outdated. In addition, Schedule 1 to the Regulations prescribes the permit application format. Having the format of a permit application form prescribed in the Regulations is unnecessarily rigid and no longer suited to modern submissions (e.g. electronic submissions). Modernizing the application process requires amending Schedule 1 to remove the outdated format of the application form.

Amendments to the Regulations are needed to address these issues.

Background

The Antarctic is a region of great environmental importance and plays a significant role in global climate and ocean systems. The fragile ecosystems of the Antarctic have faced many threats, including human disturbance of flora and fauna, marine pollution, climate change, invasive alien species, contamination from poor waste management locally, and the long-range transport of pollutants.

The Government of Canada ratified the Madrid Protocol in 2003, which aims to prevent further pollution and environmental degradation in the Antarctic. This international instrument designates Antarctica as a natural reserve devoted to peace and science, and establishes environmental principles for the conduct of all activities in the Antarctic. The Madrid Protocol requires signatory parties to oversee the activities of expeditions organized in or proceeding from their territory, as well as the activities of their vessels, aircraft and stations in the Antarctic. The Madrid Protocol also requires that all activities undertaken in the Antarctic be subject to an environmental evaluation before their commencement. The Madrid Protocol distinguishes between three types of environmental evaluations (preliminary, initial, and comprehensive) based on the impact level. Further, the Madrid Protocol requires businesses and individuals that apply for a permit to operate in the Antarctic to develop waste management plans and emergency plans for expeditions, to prevent pollution. In addition, the Madrid Protocol also provides a mechanism for the designation and management of specially protected areas and historic sites in Antarctica.

In Canada, the Madrid Protocol is implemented through the Regulations, which came into force in 2003, under the AEPA. The Regulations establish Canadian requirements that are at least as stringent as the requirements of the Madrid Protocol. The Regulations deal with various issues related to environmental protection in the Antarctic, including the permitting process and obligations of permit holders, environmental evaluations, the protection of native flora and fauna, protected areas, waste management and emergencies. The Regulations also impose identical environmental evaluation requirements on all Canadian applicants for permits concerning activities undertaken in the Antarctic, regardless of the level of expected environmental impact. Amendments to the Regulations are needed to better align the environmental evaluation requirements of the Regulations with the level of expected environmental impact and the Madrid Protocol.

In 2006, the SJCSR recommended amendments to the Regulations to ensure consistency and clarity in the regulatory text. The Regulations were first amended on September 23, 2010, to implement the recommendations.

Subsequently, the SJCSR reviewed the Regulations and made additional comments and recommendations to further improve and clarify the regulatory text. The SJCSR was concerned that waste disposal methods are addressed in separate sections, and that permit holders are not required to demonstrate how they will meet the requirements of waste disposal methods in their waste management plans.

In addition to the SJCSR comments and recommendations, Schedules 2 and 3 to the Regulations need to be updated to reflect the updates to the list of historic sites and monuments, and specially protected areas, made at the ATCM (the international meeting of the body responsible for the management of the Madrid Protocol). The Schedules have not been updated since 2003, despite updates made at subsequent annual ATCMs. As well, Schedule 1 needs to be updated to allow the use of a flexible permit application form as the current prescriptive form does not accommodate modern submissions, such as email submissions.

Objective

The objectives of the proposed Regulations Amending the Antarctic Environmental Protection Regulations (the proposed Amendments) are to clarify and simplify the regulatory text, address concerns raised by the SJCSR and better align with the requirements in the Madrid Protocol.

Description

The proposed Amendments would harmonize the environmental evaluation provisions of the Regulations with the Madrid Protocol. Specifically, the requirements for environmental evaluations would be amended to clarify which type of environmental evaluation (preliminary, initial or comprehensive) would be required for each impact level.

A preliminary environmental evaluation would be required for activities that are likely to have less than a minor or transitory impact on the environment of the Antarctic. For this type of evaluation, the proposed Amendments would stipulate that permit applicants must identify the expected environmental effects of their activities in sufficient detail to allow the Minister of the Environment to assess whether these activities likely have less than a minor or transitory impact on the environment.

An initial environmental evaluation would be required for activities that are likely to have no more than a minor or transitory impact on the environment of the Antarctic. In this case, the proposed Amendments would specify that permit applicants must include

  • the information required for a preliminary environmental evaluation;
  • a description of each proposed activity;
  • the consideration of alternatives to each proposed activity; and
  • a description of the estimated environmental impacts resulting from each proposed activity.

Any activities that are likely to have more than a minor or transitory impact on the environment of the Antarctic would be subject to a comprehensive environmental evaluation. For this type of environmental evaluation, the proposed Amendments would require that permit applicants must consider and satisfy the following in their evaluations:

  • all the requirements for preliminary and initial environmental evaluations;
  • 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 state 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.

Sections 37 to 44 of the Regulations set requirements for permit holders related to waste removal, incineration, disposal on land and disposal at sea. Paragraph 34(a) of the Regulations requires permit holders to include an undertaking in their waste management plan to respect the measures described in sections 37 to 44. The proposed Amendments would require that the waste management plan contains measures regarding waste removal, incineration, and disposal on land and sea as set out under sections 37 to 44. The heading before section 37 of the Regulations would be repealed.

Finally, the proposed Amendments would update Schedule 1 of the Regulations and repeal Schedules 2 and 3. The list of historic sites and monuments in the Antarctic and the list of Antarctic specially protected areas, which can be found on the website of the Antarctic Treaty Secretariat (ATS), would be incorporated by reference in sections 15 (Historic sites and monuments) and 26 (Specially protected areas) of the Regulations. These lists are modified and updated each year during the Antarctic Treaty Consultative Meetings. In addition, Schedule 1 of the Regulations would be amended to replace the prescribed format of the permit application form with a list of information that the application must contain. The proposed Amendments would set the same information requirements but in a flexible format adapting to the needs of each permit request: information on the expedition, applicant, expedition leader, vessel, aircraft, insurance, program and itinerary, logistics and support, mineral resources activities, native species, and specially protected areas. The departmental contact information included for the submission of the application in Schedule 1 would also be updated.

Other related amendments

The proposed Amendments would also modify the Environmental Violations Administrative Monetary Penalties Regulations (Environmental Violations Administrative Monetary Penalties Act, 2009) to specifically ensure that the most serious type of offense is applied when there is a failure to comply with any waste management requirements under the Antarctic Environmental Protection Act or the Antarctic Environmental Protection Regulations.

Regulatory development

Consultation

In November and December 2017, the Department conducted direct consultations on the proposed Amendments with key stakeholders, including Canadian businesses that operate in Antarctica, the Canadian Committee on Antarctic Research and a few individuals conducting independent tours. In addition, there has been ongoing communication with regulated parties about compliance with the Regulations and the proposed Amendments. No issues were identified during this consultation process.

A consultation document, which explained the proposed regulatory changes, was shared with stakeholders for comment. Comments were received from one stakeholder. The stakeholder sought confirmation that the Department would provide further guidance on the permit application process once the proposed Amendments come into force. However, the stakeholder was supportive of the proposed Amendments.

Modern treaty obligations and Indigenous engagement and consultation

The proposed Amendments would not impact directly or indirectly the rights of Indigenous peoples, and they would respect the federal government’s obligations about rights protected by section 35 of the Constitution Act, 1982, modern treaties, and international human rights obligations.

Instrument choice

To meet the objectives outlined above, it was determined that the only viable option was to amend the Regulations. Non-regulatory options, such as voluntary agreements, were not considered because they generally lack the enforceability and consistency required to ensure compliance and achieve the desired outcomes effectively. Specifically, voluntary agreements depend on the willingness of regulated parties to participate and comply, which may result in uneven implementation and limited effectiveness. This could undermine Canada’s efforts to address the recommendations of the SJCSR and align with the Madrid Protocol. Maintaining the status quo was not considered to be a viable option, as this would not address the recommendations from the SJCSR and the misalignment with the Madrid Protocol, for which Canada is a signatory party.

Regulatory analysis

The proposed Amendments are not expected to impose incremental costs on Canadians, Government or businesses. The proposed Amendments are administrative in nature and would not affect the compliance and enforcement regime that is already in place, and there would be no measurable impacts.

Environmental evaluations

The three levels of environmental evaluations (preliminary, initial and comprehensive) already exist in the AEPA and the Regulations. The existing Regulations require that the same information be submitted for all types of evaluations. In practice, not all required information is relevant for activities that are likely to have less than or no more than transitory or minor impacts, and, as a result, not all requirements are included in initial or preliminary environmental evaluations. The proposed Amendments would revise the environmental evaluation criteria by splitting the evaluation criteria between the three levels of environmental evaluation. The proposed Amendments would bring the Regulations in line with the AEPA and current practice and, as a result, would not change how regulated parties complete environmental evaluations.

Waste management plan

Sections 37 to 44 of the Regulations describe the various types of waste that must be removed from the area and the waste disposal methods to be used by the permit holders.

The proposed Amendments would require permit holders to include the elements of sections 37 to 44 of the Regulations in their waste management plans. Specifically, permit holders would need to specify in their waste management plan that they will remove from the Antarctic all the wastes brought or produced, including for example electrical batteries, fuel, plastic wastes, and the solid residue of combustible wastes burned in an incinerator. This would not impose new obligations or additional burden on the regulated parties, given that they must already comply with these obligations, but would ensure greater consistency and certainty in respect of the content and applicability of the provisions respecting the waste management plan.

Permit application form

The Department receives between four to six permit applications per year. Each application is accompanied by a waste management plan and an environmental evaluation. The permit applicants are usually the same each year, with occasional exceptions. Schedule 1 of the Regulations prescribes the format of the permit application forms. This prescription is unnecessarily rigid and no longer suited to modern application methods.

The proposed Amendments would remove the prescription of a specific format to allow the permit application in different formats. This would allow the submission of permit applications via email attachment. The Department is not implementing an end-to-end electronic submission. The removal of the prescribed format would result in minimal cost savings for regulated parties who choose to submit their application by email.

Industry impacts

The proposed Amendments would update the permit application process. This would have minimal impacts because regulated parties would be required to send their permit application with the same information but in a format suitable for their planned activities. This would facilitate the application submission, for example for those who would decide to submit using an email attachment.

The splitting of environmental evaluation criteria between three evaluation levels would also have minimal impacts because the regulated parties would continue to provide the same information.

The proposed Amendments would not introduce new requirements and the compliance and enforcement regime already in place for the Regulations would not be affected. Specifically, the proposed Amendments are not expected to impose new costs to permit holders, as they do not change the application requirements and the required information for permit holders. The Department would continue to collect the same information but in a flexible format.

Government impacts

Beyond informing stakeholders of the proposed Amendments, the Department is not expected to bear incremental implementation, compliance or enforcement costs. There have been about five permit applications per year, and the Department has generally worked with each applicant to help finalize their submissions, as needed. Thus, regulated parties would be informed of the proposed Amendments, as part of regular ongoing outreach, including email messaging.

Small business lens

The assessment of the small business lens concluded that the proposed Amendments would have no impact on small businesses, as it does not impose new administrative or compliance costs on businesses.

One-for-one rule

The one-for-one rule does not apply to this proposal because the proposed Amendments are not expected to result in any administrative impacts on businesses.

Regulatory cooperation and alignment

The proposed Amendments will only affect Canada’s International obligations pertinent to the Madrid Protocol. The proposed Amendments would align the requirements of the Regulations respecting environmental evaluations with those in the Madrid Protocol.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that an SEEA is not required.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force on the day on which they are registered. The Department would notify stakeholders when the proposed Amendments come into force.

Compliance and enforcement

The Department would continue its compliance promotion activities. These activities would aim to raise awareness and promote a high level of compliance as early as possible during the regulatory implementation process. Implementation and enforcement actions would continue to be undertaken by the Department in accordance with the AEPA. The proposed Amendments would not alter the manner in which the Regulations are implemented or enforced.

Contacts

Mona Sidarous
National Director
Marine Programs Division
Environmental Protection Operations Directorate
Environmental Protection Branch
Department of the Environment
45 Alderney Drive
Dartmouth, Nova Scotia
B2Y 2N6
Email: antarctique-antarctic@ec.gc.ca

Matt Watkinson
Executive Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Department of the Environment
Place Vincent Massey Building
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ravd.darv@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations under section 26footnote a of the Antarctic Environmental Protection Act footnote b and subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act footnote c.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Marine Programs Coordinator, Environmental Protection Operations Directorate, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: antarctique-antarctic@ec.gc.ca).

Ottawa, January 30, 2025

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations

Antarctic Environmental Protection Act

Antarctic Environmental Protection Regulations

1 Section 3 of the Antarctic Environmental Protection Regulations footnote 1 is replaced by the following:

Application form

3 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.

2 (1) Paragraph 4(a) of the Regulations is replaced by the following:

  • (a) 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;

(2) Paragraphs 4(c) and (d) of the Regulations are replaced by the following:

  • (d) a waste management plan that meets the requirements of sections 34, 35 and 37 to 42;

3 Section 5 of the Regulations is replaced by the following:

Acknowledgment of application

5 The Minister must, within 30 days after the day on which an application for a permit is received, acknowledge its receipt.

4 Section 7 of the Regulations is replaced by the following:

Initial or comprehensive environmental evaluation

7 (1) 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

(2) The applicant must provide the evaluation to the Minister after it is completed.

Contents of initial environmental evaluation

7.1 An initial environmental evaluation must include

  • (a) a description of each proposed activity that includes the purpose, nature, location, duration and frequency of the activity;
  • (b) a consideration of alternatives to the proposed activities, including the alternative of not proceeding, and the consequences of those alternatives; and
  • (c) 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

7.2 (1) Within 90 days after the day on which an initial environmental evaluation is received, the Minister must

  • (a) 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
  • (b) provide to the applicant a written notice of the Minister’s decision concerning the application.

Evaluation to Minister

(2) The applicant must provide the comprehensive environmental evaluation to the Minister after it is completed.

Contents of comprehensive environmental evaluation

7.3 A comprehensive environmental evaluation must include

  • (a) the elements referred to in section 7.1;
  • (b) 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;
  • (c) a description of the methods and data used to predict the potential environmental impacts of the proposed activities;
  • (d) an estimation of the nature, extent, duration and intensity of the likely direct environmental impacts of the proposed activities;
  • (e) a consideration of possible indirect or secondary environmental impacts of the proposed activities;
  • (f) an identification of measures, including monitoring programs, that could be taken to
    • (i) minimize or mitigate the environmental impacts of the proposed activities and to detect unforeseen impacts, and
    • (ii) provide an early warning of any adverse effects of the proposed activities and a prompt and effective response to any accidents;
  • (g) an identification of the unavoidable environmental impacts of the proposed activities;
  • (h) a consideration of the effects of the proposed activities on the conduct of scientific research and on other existing uses and values;
  • (i) a description of gaps in knowledge and uncertainties encountered in compiling the information for the evaluation;
  • (j) a non-technical summary of the information provided;
  • (k) 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
  • (l) any other information relevant to the proposed activities.

Decision following comprehensive environmental evaluation

7.4 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.

5 The Regulations are amended by adding the following after section 10:

Condition — waste management plan

10.1 The Minister must include in a permit the condition that the persons to whom the permit applies comply with the waste management plan.

6 Section 14 of the Regulations and the heading before it are repealed.

7 Section 15 of the Regulations is replaced by the following:

Designation

15 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.

8 Section 26 of the Regulations is replaced by the following:

Designation

26 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.

9 Section 30 of the Regulations is replaced by the following:

Application

30 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.

10 The portion of section 34 of the Regulations before paragraph (b) is replaced by the following:

Contents of plan

34 The waste management plan must apply to all wastes generated by the activities to which the permit relates and must

  • (a) include measures for the reduction, recycling, safe storage, removal and disposal of those wastes;

11 The heading before section 37 of the Regulations is repealed.

12 (1) The portion of section 37 of the Regulations before paragraph (a) is replaced by the following:

Wastes to be removed

37 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:

(2) Paragraph 37(b) of the Regulations is replaced by the following:

  • (b) electrical batteries;

(3) Paragraph 37(f) of the Regulations is replaced by the following:

  • (f) 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;

(4) Paragraph 37(i) of the Regulations is replaced by the following:

  • (i) the solid residue of combustible wastes burned in an incinerator referred to in section 38;
  • (j) unless they are incinerated, autoclaved or otherwise treated to be made sterile,
    • (i) residues of carcasses of imported animals,
    • (ii) laboratory cultures of micro-organisms and plant pathogens, and
    • (iii) introduced avian products;
  • (k) any other liquid wastes, including sewage and domestic liquid wastes.

13 Sections 38 to 44 of the Regulations are replaced by the following:

Incineration

Combustible wastes

38 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.

Other Waste Disposal on Land

Disposal in ice pits

39 (1) 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

(2) 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 of Wastes into the Sea

Disposal from vessel

40 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

  • (a) 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
  • (b) under a permit issued under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

Sewage and domestic liquid wastes

41 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

  • (a) they are disposed of at a place where conditions exist for initial dilution and rapid dispersal of the sewage or wastes; and
  • (b) 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

42 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

  • (a) does not adversely affect the local environment; and
  • (b) is in accordance with Annex IV to the Protocol.

14 Schedules 1 to 3 to the Regulations are replaced by the schedule set out in the schedule to these Regulations.

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

15 The portion of items 17 to 19 of Division 1 of Part 6 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 2 in column 2 is replaced by the following:
Item

Column 2

Violation Type
17 C
18 C
19 C

16 Items 20 to 25 in Division 2 of Part 6 of Schedule 1 to the Regulations are repealed.

Coming into Force

17 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Section 14)

SCHEDULE

(Section 3)

Information and Documents to Include in an Application for a Permit

General Information

Expedition

1 The following information about the expedition:

  • (a) the name of the expedition;
  • (b) the purpose of the expedition;
  • (c) the period for which the permit is requested; and
  • (d) the names of the expedition leader and each expedition staff member and their roles and areas of expertise (for example, scientific research, logistical support).
Applicant

2 The following information about the applicant:

  • (a) the applicant’s name;
  • (b) the applicant’s role with respect to the expedition or the vessel used in the expedition;
  • (c) 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;
  • (d) the applicant’s nationality and passport number; and
  • (e) details of the applicant’s previous experience in the Antarctic or the Arctic, including
    • (i) the locations visited,
    • (ii) the dates of entry into and exit from the Antarctic or the Arctic,
    • (iii) the activities involved,
    • (iv) the purpose of the activities (for example, science, tourism), and
    • (v) any other relevant details.
Expedition Leader

3 The following information about the expedition leader, if the expedition leader is not the applicant:

  • (a) the expedition leader’s name;
  • (b) the expedition leader’s role with respect to the expedition or the vessel used in the expedition;
  • (c) 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;
  • (d) the expedition leader’s nationality and passport number; and
  • (e) details of the expedition leader’s previous experience in the Antarctic or the Arctic, including
    • (i) the locations visited,
    • (ii) the dates of entry into and exit from the Antarctic or the Arctic,
    • (iii) the activities involved,
    • (iv) the purpose of the activities (for example, science, tourism), and
    • (v) any other relevant details.
Persons Covered by the Permit Other than Crew Members and Passengers

4 The following information about each person covered by the permit other than crew members and passengers:

  • (a) 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;
  • (b) each person’s role with respect to the expedition or the vessel used in the expedition;
  • (c) each person’s nationality and passport number;
  • (d) details of each person’s previous experience in the Antarctic or the Arctic, including
    • (i) the locations visited,
    • (ii) the dates of entry into and exit from the Antarctic or the Arctic,
    • (iii) the activities involved,
    • (iv) the purpose of the activities (for example, science, tourism), and
    • (v) any other relevant details;
  • (e) the type and level of training each person has received that is relevant to the activities to which the permit relates; and
  • (f) the minimum medical requirements set for each person before departure and a statement of confirmation that those requirements have been met.
Vessels Covered by the Permit

5 (1) The following information about each vessel covered by the permit:

  • (a) the name of the vessel;
  • (b) the class of the vessel, including its ice class;
  • (c) the vessel’s port and country of registry;
  • (d) the vessel’s classification society;
  • (e) the vessel’s registration number;
  • (f) the vessel’s gross tonnage, overall length, beam and draft;
  • (g) a description of the type of vessel (for example, cargo, passenger, icebreaker) and other relevant details (for example, capacity, fuel type);
  • (h) the vessel’s call sign, telephone number, fax number, if any, and email address;
  • (i) the vessel’s high frequency (HF) and very high frequency (VHF) radio availability;
  • (j) the name of the person to whom the vessel will report on a daily basis;
  • (k) 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;
  • (l) the vessel’s GMDSS MMSI number and GMDSS area certification; and
  • (m) the number of aircraft to be carried by the vessel.

(2) A certified true copy of any applicable valid international maritime certificates, including any exemption certificates, for each vessel covered by the permit.

(3) The following information about the master of each vessel covered by the permit:

  • (a) the master’s name;
  • (b) the master’s role with respect to the expedition or the vessel;
  • (c) the type and level of training the master has received that is relevant to the activities to which the permit relates; and
  • (d) details of the master’s previous experience in the Antarctic or the Arctic, including
    • (i) the locations visited,
    • (ii) the dates of entry into and exit from the Antarctic or the Arctic,
    • (iii) the activities involved,
    • (iv) the purpose of the activities (for example, science, tourism), and
    • (v) any other relevant details.

(4) The following information about the crew members and passengers of each vessel covered by the permit:

  • (a) the total number of officers;
  • (b) the number of deck and engineer officers and the classes of their certificates of competency;
  • (c) the number of crew members and their working language;
  • (d) the number of passengers;
  • (e) the maximum number of persons on board the vessel while it is in the Antarctic; and
  • (f) the type and level of training received by the crew members and passengers relevant to the activities to which the permit relates.
Aircraft Covered by the Permit

6 (1) The following information about each aircraft, including remotely piloted aircraft systems (RPAS), covered by the permit:

  • (a) the class of the aircraft;
  • (b) the aircraft’s country of registration; and
  • (c) the aircraft’s registration number.

(2) A copy of the permit, licence or certificate, as applicable to the aircraft, of any person who will pilot the aircraft.

Insurance Information

7 (1) 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.

(2) The following information about the insurance policy:

  • (a) the type of insurance;
  • (b) the amount of coverage;
  • (c) the policy number; and
  • (d) the insurer’s name, mailing address, telephone number, fax number and email address.

Program and Itinerary

8 The following information about the program and itinerary:

  • (a) the proposed dates for the departure of the expedition or vessel from Canada and its return to Canada;
  • (b) the location of the final departure for the Antarctic;
  • (c) the dates of entry into and exit from the Antarctic;
  • (d) the means of transport to and in the Antarctic (for example, vessel, aircraft, inflatable boat);
  • (e) the planned routes, locations to be visited, landings and activities at all times for the duration of the permit;
  • (f) 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;
  • (g) any planned interaction with the members of other expeditions or the crew members or passengers of other vessels; and
  • (h) the details of any risk assessments of planned routes, locations to be visited, landings, activities and contingency plans.

Logistics and Support Services

9 The following information about logistics and support services:

  • (a) 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);
  • (b) an indication of whether support services will be provided by airdrop and, if so, the dates and locations;
  • (c) 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
  • (d) the provisions that will be made to ensure medical support, including any surgical facilities and the number of doctors and nurses.

Mineral Resource Activities

10 If the application is for a permit to undertake mineral resource activities in Antarctica, the following information about those activities:

  • (a) a description of the proposed activities;
  • (b) the purpose of the proposed activities;
  • (c) the location of the proposed activities;
  • (d) the timing of the proposed activities, including the start date, the end date and the reasons for choosing those dates; and
  • (e) the names and respective roles of the persons, organizations and countries to be involved in the proposed activities.

Native Species

11 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:

  • (a) a description of the proposed activities;
  • (b) the purpose of the proposed activities;
  • (c) the location of the proposed activities;
  • (d) the timing of the proposed activities, including the start date, the end date and the reasons for choosing those dates;
  • (e) the names and respective roles of the persons, organizations and countries to be involved in the proposed activities;
  • (f) 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;
  • (g) the procedures to be followed to ensure the most humane treatment practicable of native mammals and birds;
  • (h) a description of how the species will be transported, if applicable; and
  • (i) 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.

Specially Protected Areas

12 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) a description of the proposed activities in relation to the relevant specially protected area;
  • (b) the purpose of the proposed activities;
  • (c) the location of the proposed activities;
  • (d) the timing of the proposed activities, including the start date, the end date and the reasons for choosing those dates;
  • (e) the names and respective roles of the persons, organizations and countries to be involved in the proposed activities; and
  • (f) the number and title of the management plan for each specially protected area covered by the permit.

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