Forward Regulatory Plan 2023 to 2025, Environment and Climate Change Canada (ECCC), chapter 5

Enabling Act

Antarctic Environmental Protection Act

Description

Environment and Climate Change Canada is in the process of addressing issues raised by the Standing Joint Committee on the Scrutiny of Regulations (SJCSR) on the Antarctic Environmental Protection Regulations (AEPR). The department will propose amendments to the regulations that will be administrative in nature and have minor effect on applicants for Antarctic Environmental Protection Act (AEPA) permits.

The first set of modifications will address comments raised by the SJCSR concerning general improvement and clarification of the regulations and will require permit holders to include in their waste management plans the current requirements of sections 37 to 44 of the regulations and an indication of how they will comply with them. The second set of modifications involves harmonizing the requirements of the Act and regulations respecting environmental evaluations with those of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol).

Standing Joint Committee on the Scrutiny of Regulations

Under section 26 of the Act, the Governor in Council has the authority to make regulations respecting the issuance of permits, waste management plans, and emergency plans. The Governor in Council exercised this authority to make the AEPR.

However, in 2006 the SJCSR indicated that the requirements respecting waste removal, incineration, disposal on land and disposal at sea were incorrectly addressed in separate sections of the regulations (sections 37 to 44). In agreement with the views expressed by the SJCSR, it is proposed to include these requirements in the provisions related to waste management plans of sections 34 to 36 of the regulations, in accordance with the enabling authority of the Act.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

International regulatory cooperation is ongoing. Canada is a party to the Madrid Protocol. The Antarctic Environmental Protection Act and the AEPR were adopted in 2003 to implement this Protocol in Canada.

Parties to the Madrid Protocol are required to oversee the activities of expeditions organized in or proceeding from their territory, as well as the activities of their vessels, aircraft and stations in the Antarctic. Canada attends the annual Antarctic Treaty Consultative Meeting to ensure our domestic Act and regulations remain in-line with the Madrid Protocol.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to a small number of Canadian businesses that operate in Antarctica, mostly tourism operators with tours visiting the continent, and to Canadian scientists participating in studies in the Antarctic region.

The proposed amendments are not expected to have significant impacts on international trade or investment:

• The amendments related to waste management and waste management plans will facilitate harmonization of the regulatory requirements respecting waste disposal with the enabling statute
• The amendments relating to environmental evaluations will allow for greater harmonization between Canadian and international requirements. They should thus simplify the requirements for environmental evaluations for Canadian permit applicants without decreasing environmental protection

It is therefore expected that these proposed amendments will have no negative impacts on Canadians and Canadian businesses.

Consultations

ECCC conducted consultations on the proposed changes to the regulations through direct communications with the regulated community and the Canadian Committee on Antarctic Research during fall 2017. No issues were identified during this consultation process.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2024, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stephanie Keast
A/Head, Antarctic and Marine Program Development
Telephone: 902-237-0305
Email: stephanie.keast@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2015-2017 Forward Regulatory Plan

Enabling Act

Canadian Environmental Protection Act, 1999

Description

These regulations would be intended to address a legal overlap regarding the disposal of pesticides at sea from aquaculture facilities following the treatment of sea lice. The regulations would need to be coordinated with Fisheries and Oceans Canada (DFO) regulations on aquaculture proposed by DFO to be advanced in 2023. Pursuant to section 135 of the Canadian Environmental Protection Act, 1999 (CEPA), the purpose of ministerial Disposal at Sea Regulations (DAS) would be to clarify when CEPA disposal at sea provisions do not apply to these operations in order to address legal and environmental protection overlaps between Environment and Climate Change Canada and DFO instruments.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative will require regulatory cooperation efforts with DFO and their aquaculture regulations.

Potential impacts on Canadians, including businesses

Impacts and regulatory structure of ECCC regulations are dependent on the final form of the DFO aquaculture regulations that propose to incorporate a post deposit monitoring and remedial measures program to make these regulations more equivalent to protections under disposal at sea (CEPA). The final impact of the DFO regulations will not be known until they have been proposed.

The ECCC DAS regulations will describe when aquaculture discharges of pesticides at sea can be considered as the normal operations of a ship or platform and not require a disposal at sea permit.

Consultations

DFO will conduct consultations on their regulatory design from 2021 through 2023 and ECCC will work in partnership to conduct consultations on its complementary regulations. ECCC is waiting for DFO to provide new timelines. ECCC is also developing a plan to move forward with the regulations independently from the DFO process.

The proposed ECCC CEPA ministerial regulations were targeting publication in the Canada Gazette, Part I, for a 30-day public comment period. Timelines will be established based on the one that will be provided by DFO.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stephanie Keast
A/Head, Antarctic and Marine Program Development
Telephone: 902-237-0305
Email: stephanie.keast@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan