Bill C-42 Antarctic Environmental Protection Act

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Bill C-42Antarctic Environmental Protection Act

• Standing Committee on Energy, the
• Environment and Natural Resources
• September 2003

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AntarcticaOwned by the World

• Environmentally important
• Global indicator of climate change
• Important role in global ocean systems
• Unique species and ecosystems
• Natural ecosystems provide opportunities for
  science
• Threatened
• Human disturbance of flora and fauna
• Invasive alien species
• Marine pollution
• Climate change
• Contamination (e.g., local waste, long range
  transport)

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Antarctic Treaty

• Antarctic Treaty (1961) dedicates region south of
  latitude 60S to science and peace
• Prohibits any military activity, nuclear tests
  and disposal of radioactive waste
• Promotes cooperation in scientific research
• Suspends sovereignty claims
• Antarctic Treaty System
• Convention for the Conservation of Antarctic
  Seals CCAS (1972)
• Convention for the Conservation of Antarctic
  Marine Living Resources CCAMLR (1980)
• Protocol on Environmental Protection to the
  Antarctic Treaty (Madrid Protocol) (1991)
• Canada acceded to Antarctic Treaty (1988), CCAS
  (1990), CCAMLR (1988)

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Madrid Protocol

• Protocol for Environmental Protection to the
  Antarctic Treaty
• Entered into force 1998, 30 nations ratified
• Canada signed 1991, not ratified
• Commitments
• Oversee activities of nationals in the Antarctic
• Activities subject to environmental evaluation
• Bans (e.g., mining activities not for science)
• Prohibitions with exceptions (e.g., taking
  wildlife)
• Waste management, emergency planning
• Protected areas

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Ratification

• Three reasons
• Do our fair share in protecting a globally
  important ecosystem
• Provide clarity of Canadian approach to other
  nations, which will assist in advancing other
  Canadian objectives
• Provide clarity to Canadians active in the
  Antarctic who are criticized by colleagues

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Ratification (contd)

• Delay in ratification
• Canada always intended to ratify
• Low level of Canadian activity
• Other priorities - Kyoto, Species at Risk,
  establishing the Arctic Council
• However, now Canada is only country with
  significant activities that hasnt ratified
• Requires new legislation
• Minister of the Environment responsible for
  legislation
• Minister of Foreign Affairs to fulfill
  international notification and reporting
  obligations

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Ratification (contd)

• Canadians welcome ratification
• No more than a dozen initiatives per year
• Operations already consistent with Protocol
• Consultation included
• The two Canadian tour companies active in the
  Antarctic
• Canadian Committee on Antarctic Research,
  representing Canadas 37 Antarctic scientists
• Canadian Polar Commission
• Canadian Tourism Commission
• Provincial and territorial environment and
  wildlife Ministers

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Bill General Approach

• Implement all Protocol obligations requiring a
  legal basis
• Consistent with approach of other countries
• Consistent with other federal environmental
  legislation
• Takes into account unique characteristics of the
  Antarctic
• Requires extraterritorial application in three
  instances
• Regulation of activities of Canadians in the
  Antarctic
• Regulation of activities of non-Canadians who are
  on a Canadian expedition in the Antarctic
• Inspection of Canadian activities in the
  Antarctic

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Bill Permits

• Permits required to be in Antarctic
• Canadians, Canadian corporations, other Canadian
  organizations
• Everyone on a Canadian expedition
• Vessels and aircraft registered in Canada
• Permits also specifically required for
• Taking or harmfully interfering with wildlife
• Introducing non-native species
• Being in a specially protected area
• Waste disposal
• Being on a Canadian research station, should one
  be established in the future
• Absolute bans for which permits are not available
• Introduction of substances harmful to the marine
  environment
• Damaging historic sites
• Open burning of waste

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Bill Permits (contd)

• Permit requirements include
• Environmental assessment
• Canadian Environmental Assessment Act does not
  apply
• Protocols EA approach applied
• Waste management plans
• Environmental emergency plans
• Emergency exceptions provided

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Bill Enforcement

• In Canada
• Enforcement officers with powers similar to
  Canadian Environmental Protection Act and the
  Species at Risk Act
• Peace officer powers - inspection, search,
  seizure, detention, forfeiture
• In the Antarctic
• Inspectors with powers to inspect Canadian
  activities in the Antarctic

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Bill Other key elements

• Offences and penalties
• In line with other federal environmental
  legislation
• Penalties same as the Canadian Environmental
  Protection Act (CEPA)
• Disclosure of information
• Provisions included to enable reporting and
  notification under the Antarctic Treaty and
  Madrid Protocol
• Canadian Forces
• Bill does not apply to Canadian Forces
• Consistent with requirements of the Treaty and
  Protocol
• Canadian vessels
• Requirements consistent with CEPA, Canada
  Shipping Act, and international convention
  (MARPOL)

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Bill C-42

• Provides necessary tools to Canada to protect the
  Antarctic
• Widely supported by polar scientists, tour
  operators, partner nations
• Prevents irreparable harm to a critical ecosystem
• Strengthens Canadas reputation as a good global
  citizen