In 2010, the federal government introduced The Environmental
Violations Administrative Monetary Penalties Act (EVAMPA),
which provided Environment Canada with the authority to issue
Administrative Monetary Penalties (AMPs) for certain offences. The
government has now introduced proposed regulations, the
Environmental Violations Administrative Monetary Penalties
Regulations (the "Regulations"), which set-out the
details of the AMPs regime under the EVAMPA. In particular, the
Designate the offences that would be
subject to AMPs under six federal acts and their regulations: the
Antarctic Environmental Protection Act; the Canada
Wildlife Act; the Canadian Environmental Protection Act,
1999 (Parts 7 and 9); the International River Improvements
Act; the Migratory Birds Convention Act, 1994; and
the Wild Animal and Plant Protection and Regulation of
International and Interprovincial Trade Act.
Set out the method that would be used
to calculate an AMP. The proposed method would be based on a
classification of an AMP by Type (A, B or C, with C being the most
serious contravention), a baseline amount, and set increases to the
baseline amount based on aggravating factors of a history of
non-compliance, harm to the environment, and economic gain. The
maximum penalty for individuals would be $5,000 and for
corporations $25,000. However, each day on which a violation is
committed is a separate violation.
The use of administrative penalty regimes is rapidly growing
across Canada, for virtually all regulated activities. The stated
justification for such regimes is that they are designed to ensure
regulatory compliance in a quick and inexpensive manner, and
without the stigma of a criminal prosecution.
The administrative penalty regime in EVAMPA, to which
Regulations apply, include the following components that may be of
interest to effected parties:
Persons named in a violation notice
do not have a due diligence defence.
Directors and officers that
permitted, authorized, acquiesced in, or participated in, the
violation are parties to the violation and liable for and
administrative penalty, whether or not the corporation is proceeded
There is no opportunity to be heard
before a notice of violation is issued. Rather, a party is provided
a right to seek a review before a review officer. On such a review,
the Minister has the burden of establishing the violation on a
balance of probabilities.
Proceeding with a notice of violation
precludes charges being laid in respect of the violation and vice
The deadline for delivering a notice
of violation is two years from the date the violation arose.
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
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