GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Antarctic Environmental Protection Act — A-11.44
native plant means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to the Antarctic. ( plante indigène )
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Introduction of non-native species 13 (1) No Canadian or Canadian vessel shall introduce into the Antarctic any animal or plant of a species that is not indigenous to the Antarctic, except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply in respect of (a) any bird or mammal that occurs in the Antarctic seasonally through natural migrations; or (b) food other than poultry or live animals.
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Specified substances and products 14 No Canadian or Canadian vessel shall introduce into the Antarctic any substance or product specified in the regulations.
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Specially protected areas 15 No Canadian or Canadian vessel shall be in an Antarctic specially protected area designated by the regulations except in accordance with a permit or under the written authorization of another Party to the Protocol.
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Historic sites and monuments 16 No Canadian or Canadian vessel shall damage, destroy or remove any part of an historic site or monument in the Antarctic designated by the regulations.
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Waste disposal 17 (1) No Canadian shall dispose of waste in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Absolute prohibition (2) Despite subsection (1), no Canadian shall, in the Antarctic, burn waste in the open air or dispose of waste in any ice-free area or in any fresh water system.
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Discharge into sea 18 (1) No Canadian vessel shall, while in the Antarctic, discharge into the sea any oil or oily mixture or any food waste except in accordance with a permit or under the written authorization of another Party to the Protocol. Absolute prohibition — garbage (2) Despite subsection (1), no Canadian vessel shall, while in the Antarctic, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment. Sewage (3) Despite subsection (1), no Canadian vessel that is certified to carry more than 10 persons on board shall, while in the Antarctic, (a) discharge into the sea any untreated sewage within 12 nautical miles of any land or any iceshelf; or (b) instantaneously discharge into the sea any sewage stored in a holding tank. Meaning of garbage (4) In subsection (2), garbage , in respect of a vessel, means all kinds of victual, domestic and operational waste, other than fresh fish and parts of fresh fish.
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Emergencies 19 Sections 7 to 18 do not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value.
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Things obtained in contravention of Act 20 No person or vessel in Canada, and no Canadian or Canadian vessel while in the Antarctic, shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of this Act or the regulations.
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Issuance 21 (1) The Minister may, on application, issue permits for the purposes of this Act. Application (2) An application for a permit must be in the form and contain the information prescribed by the regulations. Additional information (3) The Minister may require an applicant for a permit to provide the Minister with any information that he or she considers necessary. Conditions (4) Subject to the regulations, the Minister may include in a permit any condition that he or she considers appropriate. Minister may refuse or suspend permit (5) The Minister may refuse to issue a permit, or may amend, suspend or cancel a permit, if he or she is of the opinion that the public interest warrants it. Statutory Instruments Act (6) A permit is not a statutory instrument for the purposes of the Statutory Instruments Act .
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Application on behalf of others 22 (1) A person may apply for a permit on behalf of a Canadian vessel or any other person and, if a permit is issued on behalf of a vessel or person other than the permit holder, that vessel or other person is subject to the conditions of the permit to the extent that those conditions are expressed in the permit to apply to them. Identification of person or vessel (2) For the purpose of subsection (1), a Canadian vessel or person need not be expressly named in a permit in order to be subject to its conditions so long as the vessel or person is sufficiently identified in the permit, either by class or other description. Deemed contravention by permit holder (3) If a Canadian vessel or person that is not a permit holder but that is bound by a condition of a permit contravenes the condition, the holder of the permit is also deemed to have contravened that condition.
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Preliminary environmental evaluation 23 (1) The Minister may issue a permit only if he or she is satisfied that a preliminary environmental evaluation in relation to the activities to which the permit is to relate has been conducted in accordance with the regulations. Initial or comprehensive evaluation (2) If the Minister, after having considered the preliminary evaluation, is of the opinion that the activities will likely have at least a minor or transitory impact on the environment, he or she must ensure that an initial environmental evaluation, or a comprehensive environmental evaluation, in relation to those activities is conducted in accordance with the regulations before the permit is issued. Comprehensive evaluation (3) If the Minister, after having considered an initial evaluation, is of the opinion that the activities will likely have more than a minor or transitory impact on the environment, he or she must ensure that a comprehensive environmental evaluation in relation to those activities is conducted in accordance with the regulations before a permit is issued. Restriction (4) The Minister may not issue the permit if he or she is of the opinion, after having considered the comprehensive evaluation, that the activities are likely to have a significant adverse environmental impact that cannot be justified in the circumstances.
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Requirement for plans 24 The Minister may issue a permit that authorizes persons on a Canadian expedition, or a Canadian vessel or Canadian aircraft, to be in the Antarctic only if the Minister is satisfied that a waste management plan and an emergency plan for the expedition, vessel or aircraft have been prepared in accordance with the regulations.
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Requirement to provide security 25 (1) The Minister may require an applicant for a permit to provide and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations and in a form prescribed by the regulations or a form satisfactory to the Minister. How security may be applied (2) Any security may be applied by the Minister to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit.
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General 26 (1) The Governor in Council may make regulations (a) respecting applications for permits, including the form of the applications, who may apply for permits and the information that must be provided in respect of permit applications; (b) respecting the making of applications for a permit on behalf of a Canadian vessel; (c) respecting the issuance, renewal, cancellation and suspension of permits, and the conditions that the Minister may include in a permit; (d) respecting the activities that may be authorized by a permit; (e) specifying substances and products for the purposes of section 14; (f) designating Antarctic specially protected areas for the purposes of section 15; (g) designating historic sites and monuments for the purposes of section 16; (h) respecting environmental impact assessments for the purposes of section 23; (i) respecting waste management plans and emergency plans for the purposes of section 24; (j) respecting security for the purposes of section 25; (j.1) designating provisions of the regulations for the purposes of paragraphs 50(1)(b) and 50.3(1)(b); and (k) respecting any other matter that the Governor in Council considers necessary for carrying out the purposes of this Act. Incorporation by reference (2) Regulations made under subsection (1) may incorporate by reference any document, including a document prepared by an organization working under the Treaty or the Protocol or by another Party to the Protocol. Amended from time to time (3) Material may be incorporated by reference as it existed on a specified date or as amended from time to time. Incorporated material is not a regulation (4) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act . Defence (5) For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention, (a) the material was reasonably accessible to the person or vessel; (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or (c) the material had been published in the Canada Gazette . 2003, c. 20, s. 26; 2009, c. 14, s. 3; 2017, c. 26, s. 63(E)
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Regulations — fees 27 (1) The Minister may make regulations (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for issuing, amending or renewing permits; (b) prescribing the persons or vessels or classes of persons or vessels by whom or on whose behalf the fees are to be paid, and requiring the fees to be paid by those persons, vessels or classes; (c) exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and (d) generally, in respect of any condition or any other matter in relation to the payment of those fees. Limit (2) Fees that are prescribed by or under regulations made under subsection (1) in respect of the issuance, amendment or renewal of permits shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty in carrying out those functions.
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Recovery 28 Fees required by the regulations to be paid constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
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Designation 29 (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. Powers (2) For the purposes of this Act, an enforcement officer in Canada has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer. Limits (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act. Production of certificate (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.
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Immunity 29.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 4
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ce under this section, an enforcement officer may, for the purposes of this Act, (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place; (b) open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing; (c) examine any books, records, electronic data or other documents that he or she believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them; (d) take samples of anything relevant to the administration of this Act; and (e) conduct any tests or take any measurements. Analysts (10) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (9). Disposition of samples (11) An enforcement officer or analyst may dispose of a sample taken under paragraph (9)(d) in any manner that the officer or analyst considers appropriate. Operation of computer systems and copying equipment (12) In carrying out an inspection, an enforcement officer may (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents. Duty of person in possession or control (13) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (12). Assistance (14) The owner or person in charge of a place being inspected under this section, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require. 2003, c. 20, s. 30; 2009, c. 14, s. 5
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Production of documents and samples 31 (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person in Canada, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in Canada or any document; or (b) to conduct any tests in Canada or take any measurements or samples there. Compliance (2) Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.
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Authority to issue warrant for search and seizure 32 (1) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place in Canada (a) anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act, the justice may issue a warrant authorizing an enforcement officer, or any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b), subject to any conditions that may be specified in the warrant. Warrant for seizure of vessel or aircraft (2) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed by a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft, he or she may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the vessel or aircraft anywhere in Canada. Search and seizure (3) A person authorized by a warrant issued under subsection (1) or (2) may (a) at any reasonable time, enter and search a place referred to in the warrant; (b) seize and detain anything referred to in the warrant; and (c) exercise the powers described in subsections 30(9) and (11). Where warrant not necessary (4) An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practical to obtain the warrant. Exigent circumstances (5) For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in a danger to human life or the environment or the loss or destruction of evidence. Operation of computer system and copying equipment (6) A person authorized under this section to search a place may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) seize any printout or other output for examination or copying; or (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (7) Every person who is in possession or control of a place where a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6). 2003, c. 20, s. 32; 2009, c. 14, s. 6
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Custody 33 (1) Anything seized under section 32 must be delivered into the custody of a person whom the Minister designates. Discharge of cargo (2) If a thing seized under section 32 has cargo on board, the cargo may be discharged, under the supervision of (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1), at the place in Canada that is capable of receiving the cargo and is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo. Sale of perishable cargo (3) If a thing seized under section 32 has cargo on board that is perishable, (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1) may sell the cargo or the portion of it that is perishable, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General. Order for delivery of cargo (4) The owner of the cargo may apply to the Federal Court for an order requiring the person who has custody of the cargo or the proceeds of any sale of the cargo to deliver the cargo or proceeds to the owner, and the Court may make the order if it is satisfied that the applicant is the owner of the cargo to which the application relates.
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Redelivery on deposit of security 34 (1) If a thing has been seized under section 32, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 33(3) to the person from whom the thing was seized if security in the form of a bond, in an amount and form satisfactory to the Minister, is given to the Minister. Seized vessel etc., to be returned unless proceedings instituted (2) Anything referred to in subsection (1) that has been seized under section 32, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the day of its seizure unless, before the expiry of that period, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing.
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Application to extend period of detention 36 (1) If proceedings referred to in paragraph 35(4)(b) have not been instituted in respect of the contravention in relation to which a thing was seized under section 32 or subsection 35(1), the Minister may, before the expiry of 90 days after the day of its seizure and on serving prior notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code , within whose territorial jurisdiction the seizure was made for an order extending the period during which it may be detained. Notice (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made, or by registered mail at least seven clear days before that day, and shall specify (a) the provincial court in which the application is to be made; (b) the place where and the time when the application is to be heard; (c) the thing seized in respect of which the application is to be made; and (d) the grounds on which the Minister intends to rely to show why there should be an extension of the period during which the thing seized may be detained. Order of extension granted (3) If, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order (a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and (b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 35(4)(b)(i), (ii) or (iii) has occurred. Order of extension refused (4) If, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of its seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, an event referred to in subparagraph 35(4)(b)(i) or (ii) has occurred.