Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Agreements respecting exchange of information

308. The Minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering environmental protection alternative measures or preparing a report in respect of a person’s compliance with an agreement.

Marginal note:Regulations

309. The Minister may make regulations respecting the environmental protection alternative measures that may be used for the purposes of this Act including, but not limited to, regulations

• (a) excluding specified offences under this Act from the application of those measures;

• (b) prescribing the form and manner in which and the period within which an application to participate in the measures is to be made, and the information that must be contained in or accompany the application;

• (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with agreements;

• (d) respecting the types of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an agreement; and

• (e) respecting the terms and conditions that may be provided for in an agreement and their effects.

Marginal note:Ticketing

• 310. (1) Despite anything in this Act, the Governor in Council may, by regulation, on the recommendation of the Minister, designate any offence under this Act as an offence with respect to which, despite the Criminal Code, an enforcement officer may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing to it the enforcement officer’s signature and delivering it to the person who is alleged to have committed the offence specified in it at the time the offence is alleged to have been committed.

• Marginal note:Regulations

  (2) Any regulations made under this section

  • (a) shall establish a procedure for entering a plea and paying a fine in respect of each offence to which the regulations relate;

  • (b) shall prescribe the amount of the fine to be paid in respect of each offence; and

  • (c) may prescribe any other matter necessary to carry out the purposes of this section.

• Marginal note:Failure to respond to ticket

  (3) Where a person is served with a ticket and does not enter a plea within the time prescribed by the regulations, a justice shall examine the ticket and

  • (a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or

  • (b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.

Marginal note:Injunction

• 311. (1) Where, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

  • (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No injunction shall be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.