Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations: SOR/2025-195

Canada Gazette, Part II, Volume 159, Number 21

Registration
SOR/2025-195 September 26, 2025

ANTARCTIC ENVIRONMENTAL PROTECTION ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2025-681 September 25, 2025

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations under

Regulations Amending the Antarctic Environmental Protection Regulations and the Environmental Violations Administrative Monetary Penalties Regulations

Antarctic Environmental Protection Act

Antarctic Environmental Protection Regulations

1 Section 3 of the Antarctic Environmental Protection Regulations footnote 1 is replaced by the following:

Application form

3 An application for a permit must be in the form determined by the Minister and must contain the information and documents set out in the schedule.

2 (1) Paragraph 4(a) of the Regulations is replaced by the following:

(2) Paragraphs 4(c) and (d) of the Regulations are replaced by the following:

3 Section 5 of the Regulations is replaced by the following:

Acknowledgment of application

5 The Minister must, within 30 days after the day on which an application for a permit is received, acknowledge its receipt.

4 Section 7 of the Regulations is replaced by the following:

Initial or comprehensive environmental evaluation

7 (1) If, after considering the preliminary environmental evaluation in relation to the activities to which the permit is to relate, the Minister is of the opinion that those activities are likely to have at least a minor or transitory impact on the environment, the Minister must, within 90 days after the day on which an application is received, provide to the applicant a written notice that they must have an initial environmental evaluation or a comprehensive environmental evaluation conducted.

Evaluation to Minister

(2) The applicant must provide the evaluation to the Minister after it is completed.

Contents of initial environmental evaluation

7.1 An initial environmental evaluation must include

Decision following initial environmental evaluation

7.2 (1) Within 90 days after the day on which an initial environmental evaluation is received, the Minister must

Evaluation to Minister

(2) The applicant must provide the comprehensive environmental evaluation to the Minister after it is completed.

Contents of comprehensive environmental evaluation

7.3 A comprehensive environmental evaluation must include

Decision following comprehensive environmental evaluation

7.4 The Minister must, within 19 months after the day on which a comprehensive environmental evaluation is received, provide to the applicant a written notice of the Minister’s decision concerning the application.

5 The Regulations are amended by adding the following after section 10:

Condition — waste management plan

10.1 The Minister must include in a permit the condition that the persons to whom the permit applies comply with the waste management plan.

6 Section 14 of the Regulations and the heading before it are repealed.

7 Section 15 of the Regulations is replaced by the following:

Designation

15 The historic sites and monuments in the Antarctic that are designated for the purpose of section 16 of the Act are the ones set out in the Revised List of Historic Sites and Monuments, published by the Secretariat of the Antarctic Treaty on its website, as amended from time to time.

8 Section 26 of the Regulations is replaced by the following:

Designation

26 The Antarctic specially protected areas that are designated for the purpose of section 15 of the Act are the ones set out in the list of Antarctic Specially Protected Areas, published by the Secretariat of the Antarctic Treaty on its website, as amended from time to time.

9 Section 30 of the Regulations is replaced by the following:

Application

30 If wastes are mixed with another substance and the substances in the mixture are subject to different requirements under sections 31 to 33 and 37 to 42, the most stringent of the requirements under those sections that apply to any of the substances apply to the mixture.

10 The portion of section 34 of the Regulations before paragraph (b) is replaced by the following:

Contents of plan

34 The waste management plan must apply to all wastes generated by the activities to which the permit relates and must

11 The heading before section 37 of the Regulations is repealed.

12 (1) The portion of section 37 of the Regulations before paragraph (a) is replaced by the following:

Wastes to be removed

37 The waste management plan must provide that the permit holder will remove from the Antarctic, before the permit expires, any of the following wastes that the permit holder brought into the Antarctic or produced while there:

(2) Paragraph 37(b) of the Regulations is replaced by the following:

(3) Paragraph 37(f) of the Regulations is replaced by the following:

(4) Section 37 of the Regulations is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following:

13 Sections 38 to 44 of the Regulations are replaced by the following:

Incineration

Combustible wastes

38 The waste management plan must provide that the permit holder will, before the permit expires, burn all combustible wastes that are not removed from the Antarctic in incinerators that, to the extent practicable, reduce harmful emissions and remove the solid residue of that incineration from the Antarctic.

Other Waste Disposal on Land

Disposal in ice pits

39 (1) Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of the wastes referred to in that paragraph in deep ice pits if the wastes are produced by stations located inland on ice shelves or on the grounded ice sheet and that disposal is the only practicable option.

Location of pits

(2) The deep ice pits must not be located on known ice-flow lines that terminate at ice-free areas or in areas of high ablation.

Disposal of Wastes into the Sea

Disposal from vessel

40 Despite sections 37 and 38, the waste management plan may allow the permit holder to dispose of wastes from a vessel into the sea if the disposal is

Sewage and domestic liquid wastes

41 Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of sewage or domestic liquid wastes, other than sewage or domestic liquid wastes from a vessel, directly into the sea if

Treated sewage

42 Despite paragraph 37(k), the waste management plan may allow the permit holder to dispose of the by-product of sewage, other than sewage from a vessel, that has been treated by the rotary biological contact process or a similar process into the sea if the disposal

14 Schedules 1 to 3 to the Regulations are replaced by the schedule set out in the schedule to these Regulations.

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

15 The portion of items 17 to 19 of Division 1 of Part 6 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 2 in column 2 is replaced by the following:
Item

Column 2

Violation Type
17 C
18 C
19 C

16 Items 20 to 25 in Division 2 of Part 6 of Schedule 1 to the Regulations are repealed.

Coming into Force

17 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Section 14)

SCHEDULE

(Section 3)

Information and Documents to Include in an Application for a Permit

General Information
Expedition

1 The following information about the expedition:

Applicant

2 The following information about the applicant:

Expedition Leader

3 The following information about the expedition leader, if the expedition leader is not the applicant:

Persons Covered by the Permit Other than Crew Members and Passengers

4 The following information about each person covered by the permit other than crew members and passengers:

Vessels Covered by the Permit

5 (1) The following information about each vessel covered by the permit:

(2) A certified true copy of any applicable valid international maritime certificates, including any exemption certificates, for each vessel covered by the permit.

(3) The following information about the master of each vessel covered by the permit:

(4) The following information about the crew members and passengers of each vessel covered by the permit:

Aircraft Covered by the Permit

6 (1) The following information about each aircraft, including remotely piloted aircraft systems (RPAS), covered by the permit:

(2) A copy of the permit, licence or certificate, as applicable to the aircraft, of any person who will pilot the aircraft.

Insurance Information

7 (1) A copy of each insurance policy that sets out the details of the insurance coverage for the expedition, vessel and activities to which the permit relates.

(2) The following information about the insurance policy:

Program and Itinerary

8 The following information about the program and itinerary:

Logistics and Support Services

9 The following information about logistics and support services:

Mineral Resource Activities

10 If the application is for a permit to undertake mineral resource activities in Antarctica, the following information about those activities:

Native Species

11 If the application is for a permit to carry out activities that involve taking native mammals, birds or plants or damaging their habitats, the following information about those activities:

Specially Protected Areas

12 If the application is for a permit to carry out activities that involve entering a specially protected area, the following information about those activities:

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The environmental protection of the Antarctic is governed by the Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol. Canada implements the Madrid Protocol through the Antarctic Environmental Protection Act (the Act) and the Antarctic Environmental Protection Regulations (the Regulations).

The Madrid Protocol and the Act distinguish between three types of environmental evaluations (preliminary, initial, and comprehensive) based on the impact level. Activities with less than minor or transitory impacts on the Antarctic environment require a preliminary environmental evaluation, activities with no more than minor or transitory impacts require an initial environmental evaluation and activities with more than minor or transitory impacts require a comprehensive environmental evaluation on the Antarctic environment. Under the Regulations, all activities, even those with less than or no more than minor or transitory impacts are subject to the same environmental evaluation requirements as activities with minor or transitory or greater impacts, which could impose unnecessary administrative burden on some permit applicants.

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified provisions requiring updates to facilitate greater compliance with the Regulations. The SJCSR also expressed concerns that waste disposal methods are addressed in separate sections in the Regulations, and that permit holders are not required to demonstrate how they will meet the requirements of waste disposal methods in their waste management plans.

As well, Schedule 2 (Historic Sites and Monuments in the Antarctic) and Schedule 3 (Antarctic Specially Protected Areas) to the Regulations have not been updated since the Regulations came into force in 2003. However, historic sites, monuments and specially protected areas are updated on an annual basis at the Antarctic Treaty Consultative Meetings (ATCM), which has led to these schedules becoming outdated. In addition, Schedule 1 to the Regulations prescribes the permit application format. Having the format of a permit application form prescribed in the Regulations is unnecessarily rigid and no longer suited to modern submissions (e.g. electronic submissions). Modernizing the application process requires amending Schedule 1 to remove the outdated format of the application form.

Amendments to the Regulations are needed to address these issues.

Background

The Antarctic is a region of great environmental importance and plays a significant role in global climate and ocean systems. The fragile ecosystems of the Antarctic have faced many threats, including human disturbance of flora and fauna, marine pollution, climate change, invasive alien species, contamination from poor waste management locally, and the long-range transport of pollutants.

The Government of Canada ratified the Madrid Protocol in 2003, which aims to prevent further pollution and environmental degradation in the Antarctic. This international instrument designates Antarctica as a natural reserve devoted to peace and science, and establishes environmental principles for the conduct of all activities in the Antarctic. The Madrid Protocol requires signatory parties 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. The Madrid Protocol also requires that all activities undertaken in the Antarctic be subject to an environmental evaluation before their commencement. The Madrid Protocol distinguishes between three types of environmental evaluations (preliminary, initial, and comprehensive) based on the impact level. Further, the Madrid Protocol requires businesses and individuals that apply for a permit to operate in the Antarctic to develop waste management plans and emergency plans for expeditions, to prevent pollution. In addition, the Madrid Protocol also provides a mechanism for the designation and management of specially protected areas and historic sites in Antarctica.

In Canada, the Madrid Protocol is implemented through the Regulations, which came into force in 2003, under the Act. The Regulations establish Canadian requirements that are at least as stringent as the requirements of the Madrid Protocol. The Regulations deal with various issues related to environmental protection in the Antarctic, including the permitting process and obligations of permit holders, environmental evaluations, the protection of native flora and fauna, protected areas, waste management and emergencies. The Regulations also impose identical environmental evaluation requirements on all Canadian applicants for permits concerning activities undertaken in the Antarctic, regardless of the level of expected environmental impact. Amendments to the Regulations are needed to better align the environmental evaluation requirements of the Regulations with the level of expected environmental impact and the Madrid Protocol.

In 2006, the SJCSR recommended amendments to the Regulations to ensure consistency and clarity in the regulatory text. The Regulations were first amended on September 23, 2010, to implement the recommendations.

Subsequently, the SJCSR reviewed the Regulations and made additional comments and recommendations to further improve and clarify the regulatory text. The SJCSR was concerned that waste disposal methods are addressed in separate sections, and that permit holders are not required to demonstrate how they will meet the requirements of waste disposal methods in their waste management plans.

In addition to the SJCSR comments and recommendations, Schedules 2 and 3 to the Regulations need to be updated to reflect the updates to the list of historic sites and monuments and specially protected areas, made at the ATCM (the international meeting of the body responsible for the management of the Madrid Protocol). The Schedules have not been updated since 2003, despite updates made at subsequent annual ATCMs. As well, Schedule 1 to the Regulations needs to be updated to allow the use of a flexible permit application form, as the current prescriptive form does not accommodate modern submissions, such as email submissions.

Objective

The objectives of the Regulations Amending the Antarctic Environmental Protection Regulations (the Amendments) are to clarify and simplify the regulatory text, address concerns raised by the SJCSR and to better align with the requirements in the Madrid Protocol.

Description

The Amendments harmonize the environmental evaluation provisions of the Regulations with the Madrid Protocol. Specifically, the requirements for environmental evaluations are amended to clarify which type of environmental evaluation (preliminary, initial or comprehensive) is required for each impact level.

A preliminary environmental evaluation is required for activities that are likely to have less than a minor or transitory impact on the environment of the Antarctic. For this type of evaluation, the Amendments stipulate that permit applicants must identify the expected environmental effects of their activities in sufficient detail to allow the Minister of the Environment to assess whether these activities likely have less than a minor or transitory impact on the environment.

An initial environmental evaluation is required for activities that are likely to have no more than a minor or transitory impact on the environment of the Antarctic. In this case, the Amendments specify that permit applicants must include

Any activities that are likely to have more than a minor or transitory impact on the environment of the Antarctic are subject to a comprehensive environmental evaluation. For this type of environmental evaluation, the Amendments require that permit applicants must consider and satisfy the following in their evaluations:

Sections 37 to 44 to the Regulations set requirements for permit holders related to waste removal, incineration, disposal on land and disposal at sea. Paragraph 34(a) of the Regulations requires permit holders to include an undertaking in their waste management plan to respect the measures described in sections 37 to 44. The Amendments require that the waste management plan contains measures regarding waste removal, incineration, and disposal on land and sea, as set out under sections 37 to 44. The heading before section 37 of the Regulations is repealed.

Finally, the Amendments update Schedule 1 of the Regulations and repeal Schedules 2 and 3. The list of historic sites and monuments in the Antarctic and the list of Antarctic specially protected areas, which can be found on the website of the Secretariat of the Antarctic Treaty, is incorporated by reference in sections 15 (Historic sites and monuments) and 26 (Specially protected areas) of the Regulations. These lists are modified and updated each year during the Antarctic Treaty Consultative Meetings. In addition, Schedule 1 of the Regulations is amended to replace the prescribed format of the permit application form with a list of information that the application must contain. The Amendments set the same information requirements, but in a flexible format, adapting to the needs of each permit request: information on the expedition, applicant, expedition leader, vessel, aircraft, insurance, program and itinerary, logistics and support, mineral resource activities, native species, and specially protected areas. The departmental contact information included for the submission of the application in Schedule 1 is also updated.

Other related amendments

The Amendments also modify the Environmental Violations Administrative Monetary Penalties Regulations (Environmental Violations Administrative Monetary Penalties Act, 2009) to specifically ensure that a failure to comply with any waste management requirements under the Antarctic Environmental Protection Act or the Antarctic Environmental Protection Regulations is designated as the most serious type of offence.

Regulatory development

Consultations prior to publication in the Canada Gazette, Part I

In November and December 2017, Environment and Climate Change Canada (the Department) conducted direct consultations on the Amendments with key stakeholders, including Canadian businesses that operate in Antarctica, the Canadian Committee on Antarctic Research and a few individuals conducting independent tours. In addition, there has been ongoing communication with regulated parties about compliance with the Regulations and the Amendments. No issues were identified during this consultation process.

A consultation document, which explained the proposed regulatory changes, was shared with stakeholders for comment. Comments were received from one stakeholder. The stakeholder sought confirmation that the Department will provide further guidance on the permit application process once the proposed Amendments come into force. However, the stakeholder was supportive of the proposed Amendments.

Comments following prepublication in the Canada Gazette, Part I

The proposed Amendments to the Regulations were published in the Canada Gazette, Part I, on February 8, 2025, for a 30-day public comment period. Two individuals provided comments. No changes were made to the Amendments.

The first comment received by the Department related to personal information (name, date of birth, address) that was outside the scope of these regulatory Amendments. The other comments can be organized under the following topics:

Environmental protection, mining activities and protection of wildlife and plants

Comment: The commentor expressed concerns that the proposed Amendments would weaken environmental protection in the Antarctic and allow mining activities and the taking of native plants and animals. The commentor also felt that the proposed Amendments would not respect the Antarctic and its animals.

Response: The Amendments are technical and administrative in nature and do not alter the level of environmental protection already established in the Act and its Regulations. The Act and Regulations continue to prohibit activities that could harm the Antarctic ecosystem. Aligning the regulatory environmental evaluation requirements with the Act is consistent with domestic and international practice and, therefore, does not weaken environmental protection. Specifically, the Act, the Madrid Protocol and the Regulations prohibit all activities related to mineral resources, including exploration, extraction, or recovery, unless conducted under a permit for scientific purposes only. The primary objective of the Regulations remains the protection of the Antarctic environment and its wildlife. It remains prohibited to kill, injure, capture, or disturb native animals, remove or damage native plants in a way that significantly affects their distribution, or engage in activities that could modify habitats, except under a scientific research permit. These requirements remain unchanged, and the Amendments would not weaken environmental protections in the Antarctic.

Review of the Amendments by animal protection groups

Comment: The commentor inquired whether an animal protection group reviewed the proposed Amendments.

Response: The Department consulted with potential and existing regulated parties. During the prepublication process, no animal protection groups provided comments on the proposed Amendments, which would continue to maintain the existing robust environmental protection. Furthermore, the established protections under the Act and Regulations align with the Madrid Protocol, which establishes very high international environmental conservation standards. The Madrid Protocol specifically designates Antarctica as a natural reserve devoted to peace and science, and was developed in partnership and after consultation with a large range of stakeholders, including scientists and environmental protection groups. Canada remains committed to preserving the Antarctic ecosystem and ensuring compliance with its international obligations.

Modern treaty obligations and Indigenous engagement and consultation

The Amendments do not impact directly or indirectly the rights of Indigenous Peoples, and they respect the federal government’s obligations about rights protected by section 35 of the Constitution Act, 1982, modern treaties, and international human rights obligations.

Instrument choice

To meet the objectives outlined above, it was determined that the only viable option was to amend the Regulations. Non-regulatory options, such as voluntary agreements, were not considered because they generally lack the enforceability and consistency required to ensure compliance and achieve the desired outcomes effectively. Specifically, voluntary agreements depend on the willingness of regulated parties to participate and comply, which may result in uneven implementation and limited effectiveness. This could undermine Canada’s efforts to address the recommendations of the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and align with the Madrid Protocol. Maintaining the status quo was not considered to be a viable option, as this would not address the recommendations from the SJCSR and the misalignment with the Madrid Protocol, to which Canada is a signatory party.

Regulatory analysis

The Amendments are not expected to impose incremental costs on Canadians, Government or businesses. The Amendments are administrative in nature and do not significantly affect the compliance and enforcement regime that is already in place, and there are no measurable impacts.

Environmental evaluations

The three levels of environmental evaluations (preliminary, initial and comprehensive) already exist in the Act and the Regulations. The existing Regulations require that the same information be submitted for all types of evaluations. In practice, not all required information is relevant for activities that are likely to have less than or no more than transitory or minor impacts, and, as a result, not all requirements are included in initial or preliminary environmental evaluations. The Amendments revise the environmental evaluation criteria by splitting the evaluation criteria between the three levels of environmental evaluation. The Amendments bring the Regulations in line with the Act and current practice and, as a result, will not change how regulated parties complete environmental evaluations.

Waste management plan

Sections 37 to 44 of the Regulations describe the various types of waste that must be removed from the area and the waste disposal methods to be used by the permit holders.

The Amendments require permit holders to include the elements of sections 37 to 44 of the Regulations in their waste management plans. Specifically, permit holders must specify in their waste management plans that they will remove from the Antarctic all the wastes brought or produced, including, for example, electrical batteries, fuel, plastic wastes, and the solid residue of combustible wastes burned in an incinerator. This does not impose new obligations or additional burdens on regulated parties, as they are already required to comply with these obligations. However, it ensures greater consistency and certainty regarding the content and applicability of the provisions related to the waste management plan.

Permit application form

The Department receives between four and seven permit applications per year. Each application is accompanied by a waste management plan and an environmental evaluation. The permit applicants are usually the same each year, with occasional exceptions. Schedule 1 of the Regulations prescribes the format of the permit application forms. This prescription is unnecessarily rigid and no longer suited to modern application methods.

The Amendments remove the prescription of a specific format to allow the permit application in different formats. This will allow the submission of permit applications via email attachment. The Department is not implementing an end-to-end electronic submission. The removal of the prescribed format will result in minimal cost savings for regulated parties who choose to submit their application by email.

Industry impacts

The Amendments update the permit application process. This will have minimal impacts because regulated parties are required to send their permit application with the same information but in a format suitable for their planned activities. This will facilitate the application submission, for example, for those who will decide to submit using an email attachment.

The splitting of environmental evaluation criteria between three evaluation levels will also have minimal impacts because the regulated parties will continue to provide the same information.

The Amendments do not introduce new requirements and do not affect the compliance and enforcement regime already in place for the Regulations, other than to increase the penalties for non-compliance with a waste management plan. Specifically, the Amendments are not expected to impose new costs to permit holders, as they do not change the application requirements and the required information for permit holders. The Department will continue to collect the same information but in a flexible format.

Government impacts

Beyond informing stakeholders of the Amendments, the Department is not expected to bear incremental implementation, compliance or enforcement costs. There have been about five permit applications per year, and the Department has generally worked with each applicant to help finalize their submissions, as needed. Thus, regulated parties will be informed of the Amendments as part of regular ongoing outreach, including email messaging.

Small business lens

The assessment of the small business lens concluded that the Amendments will have no impact on small businesses, as they do not impose new administrative or compliance costs on businesses.

One-for-one rule

The one-for-one rule does not apply to this regulatory initiative, as the Amendments are not expected to result in any administrative impacts on businesses.

Regulatory cooperation and alignment

The Amendments only affect Canada’s international obligations pertinent to the Madrid Protocol. The Amendments align the requirements of the Regulations respecting environmental evaluations with those in the Madrid Protocol.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for the Amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The Amendments come into force on the day on which they are registered. The Department will notify stakeholders when the Amendments come into force.

Compliance and enforcement

The Department will continue its compliance promotion activities. These activities aim to raise awareness and promote a high level of compliance as early as possible during the regulatory implementation process. Implementation and enforcement actions will continue to be undertaken by the Department in accordance with the Act. The Amendments do not significantly alter the manner in which the Regulations are implemented or enforced. The Amendments make consequential changes to the Environmental Violations Administrative Monetary Penalties Regulations to enable enforcement officers to impose administrative monetary penalties commensurate with the severity of the offence.

Contacts

Mona Sidarous
National Director
Marine Programs Division
Environmental Protection Operations Directorate
Environmental Protection Branch
Environment and Climate Change Canada
45 Alderney Drive
Dartmouth, Nova Scotia
B2Y 2N6
Email: antarctique-antarctic@ec.gc.ca

Matt Watkinson
Executive Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment and Climate Change Canada
Place Vincent Massey Building
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ravd.darv@ec.gc.ca