Bill C42 Antarctic Environmental Protection Act Standing Committee

Bill C-42 Antarctic Environmental Protection Act Standing Committee on Energy, the Environment and Natural Resources September 2003 1

Antarctica “Owned 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) 2

Antarctic Treaty • Antarctic Treaty (1961) dedicates region south of latitude 60°S 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) 3

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 4

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 5

Ratification (cont’d) • 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 hasn’t ratified • Requires new legislation – Minister of the Environment responsible for legislation – Minister of Foreign Affairs to fulfill international notification and reporting obligations 6

Ratification (cont’d) • • 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 Canada’s 37 Antarctic scientists – Canadian Polar Commission – Canadian Tourism Commission – Provincial and territorial environment and wildlife Ministers 7

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 8

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 9

Bill: Permits (cont’d) • Permit requirements include – Environmental assessment • Canadian Environmental Assessment Act does not apply • Protocol’s EA approach applied – Waste management plans – Environmental emergency plans • Emergency exceptions provided 10

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 11

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) 12

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 Canada’s reputation as a good global citizen 13