Antarctic Environmental Protection Regulations (SOR/2003-363)

Regulations are current to 2013-05-26 and last amended on 2010-09-23. Previous Versions

Antarctic Environmental Protection Regulations

SOR/2003-363

ANTARCTIC ENVIRONMENTAL PROTECTION ACT

Registration 2003-11-10

Antarctic Environmental Protection Regulations

P.C. 2003-1806 2003-11-10

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 ActFootnote a;

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 ActFootnote a, hereby makes the annexed Antarctic Environmental Protection Regulations.

INTERPRETATION

Marginal note:Definition

1. In these Regulations, “Act” means the Antarctic Environmental Protection Act.

APPLICATION FOR PERMITS

Marginal note:Who may apply

2. Any person may apply for a permit.

Marginal note:Application form

3. An application for a permit must be in the form set out in Schedule 1 and must contain the information required by the form.

Marginal note:Content of application

4. 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) a preliminary environmental evaluation that meets the requirements of section 14;

  • (b) 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;

  • (c) the Management Plan, if any, for any specially protected area to which the permit relates;

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

  • (e) an emergency plan that meets the requirements of section 48; and

  • (f) a description of anything that the applicant intends to remove from the Antarctic.

Marginal note:Acknowledgment of application

5. Within 30 days after the Minister receives an application for a permit, the Minister must send the applicant an acknowledgment that the application has been received.

Marginal note:Minister’s decision

6. 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

  • (a) 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

  • (b) 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.

Marginal note:Further evaluation

7. If the Minister is of the opinion that the activities are likely to have at least a minor or transitory impact on the environment, the Minister must

  • (a) within 90 days after receiving the application, inform the applicant in writing that an initial environmental evaluation or a comprehensive environmental evaluation, as the case may be, must be conducted by the applicant; and

  • (b) within 90 days after the completion of all the environmental evaluations that are required under section 23 of the Act, provide to the applicant a written notice of the Minister’s decision concerning the application.