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

2. 2 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)

3. 3 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)

4. 4 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

5. 5 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

6. 6 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

7. 7 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

8. 8 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

9. 9 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

10. 10 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

11. 11 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

12. 12 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)

13. 13 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