Marginal note:Purpose of Act

3. 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.

Marginal note:Binding on Her Majesty

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

Marginal note:Regulations

• 5. (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.