Transcript Ratification of the Madrid Protocol

Bill C-42
Antarctic Environmental Protection Act
Standing Committee on Energy, the
Environment and Natural Resources
September 2003
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Antarctica
“Owned by the World”
• Environmentally important
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Global indicator of climate change
Important role in global ocean systems
Unique species and ecosystems
Natural ecosystems provide opportunities for science
• Threatened
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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
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)
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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
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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 (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
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Ratification (cont’d)
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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
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Bill: General Approach
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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
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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 (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
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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 Canada’s reputation as a good
global citizen
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