Environmental Violations Administrative Monetary Penalties Act (S.C. 2009, c. 14, s. 126)

Act current to 2017-11-06 and last amended on 2015-05-15. Previous Versions

Environmental Violations Administrative Monetary Penalties Act

S.C. 2009, c. 14, s. 126

Assented to 2009-06-18

An Act to establish a system of administrative monetary penalties for the enforcement of the Antarctic Environmental Protection Act, the Canada National Marine Conservation Areas Act, the Canada National Parks Act, the Canada Water Act, the Canada Wildlife Act, the Canadian Environmental Protection Act, 1999, the International River Improvements Act, the Migratory Birds Convention Act, 1994, the Saguenay-St. Lawrence Marine Park Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

[Enacted by section 126 of chapter 14 of the Statutes of Canada, 2009, in force December 10, 2010, see SI/2010-91.]

Short Title

Marginal note:Short title

 This Act may be cited as the Environmental Violations Administrative Monetary Penalties Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Chief Review Officer

réviseur-chef

Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer. (réviseur-chef)

Environmental Act

loi environnementale

Environmental Act means the Antarctic Environmental Protection Act, the Canada National Marine Conservation Areas Act, the Canada National Parks Act, the Canada Water Act, the Canada Wildlife Act, the Canadian Environmental Assessment Act, 2012, the Canadian Environmental Protection Act, 1999, the International River Improvements Act, the Migratory Birds Convention Act, 1994, the Rouge National Urban Park Act, the Saguenay-St. Lawrence Marine Park Act or the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. (loi environnementale)

Minister

ministre

Minister means

penalty

pénalité

penalty means an administrative monetary penalty imposed under this Act for a violation. (pénalité)

prescribed

Version anglaise seulement

prescribed means prescribed by regulation. (Version anglaise seulement)

review officer

réviseur

review officer means a person appointed as a review officer under the Canadian Environmental Protection Act, 1999. (réviseur)

  • 2009, c. 14, s. 126 "2";
  • 2012, c. 19, s. 53;
  • 2015, c. 10, s. 61.

Purpose of Act

Marginal note:Purpose of Act

 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the Environmental Acts.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Act

      • (i) the contravention of any specified provision of an Environmental Act or of any of its regulations,

      • (ii) the contravention of any order or direction, or of any order or direction of any specified class of orders or directions, made under any provision of an Environmental Act or of any of its regulations,

      • (iii) the failure to comply with any obligation, or with any obligation of any specified class of obligations, arising from an Environmental Act or any of its regulations, or

      • (iv) the failure to comply with any condition of a permit, licence or other authorization, or any condition of any specified class of conditions of permits, licences or other authorizations, issued under an Environmental Act or any of its regulations;

    • (b) respecting the determination of, or the method of determining, the amount payable as the penalty for each violation, penalties which may be different for individuals and other persons, and for ships and vessels;

    • (c) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are deemed to be served;

    • (d) respecting who can request a review under this Act on behalf of a ship or vessel in relation to an alleged violation by the ship or vessel;

    • (e) prescribing anything that by this Act is to be prescribed; and

    • (f) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Restriction

    (2) Only contraventions and failures to comply that are offences under an Environmental Act may be designated under paragraph (1)(a).

  • Marginal note:Restriction — Canadian Environmental Protection Act, 1999

    (3) With respect to the Canadian Environmental Protection Act, 1999, only a contravention or a failure to comply arising out of any provision of Part 7 and 9 or out of any provision of any regulation made under either of those Parts, may be designated under paragraph (1)(a).

  • Marginal note:Restriction — Canadian Environmental Assessment Act, 2012

    (3.1) With respect to the Canadian Environmental Assessment Act, 2012, only a contravention or a failure to comply arising out of section 6, subsection 94(3) or section 97 or 98 of that Act may be designated under paragraph (1)(a).

  • Marginal note:Restriction — amount of penalty

    (4) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation may not be more than $5,000, in the case of an individual, and $25,000, in the case of any other person or a ship or a vessel.

  • 2009, c. 14, s. 126 "5";
  • 2012, c. 19, s. 54.

Minister’s Powers

Marginal note:Powers regarding notices of violation

 The Minister may

  • (a) establish the form of notices of violation;

  • (b) designate persons, or classes of persons, who are authorized to issue notices of violation; and

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation.

Commission of Violations

Marginal note:Commission

 Every person, ship or vessel that contravenes or fails to comply with a provision, order, direction, obligation or condition designated by regulations made under paragraph 5(1)(a) commits a violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations.

Marginal note:Liability of directors, officers, etc., of corporations
  •  (1) If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

  • Marginal note:Liability of directors and officers of corporate owners of ships and vessels

    (2) If a ship or vessel commits a violation, every director or officer of a corporation that is an owner or an operator of the ship or vessel who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the ship or vessel has been proceeded against in accordance with this Act.

  • Marginal note:Liability of owners, operators, masters and chief engineers of ships and vessels

    (3) If a ship or vessel commits a violation and the owner, operator, master or chief engineer of the ship or vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, the owner, operator, master or chief engineer, as the case may be, is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the ship or vessel has been proceeded against in accordance with this Act.

 
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