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

Act current to 2014-09-29 and last amended on 2012-07-06. Previous Versions

Marginal note:Service of copy and reasons

 The review officer or panel shall render their determination in writing within 30 days after the day on which the review is completed and, without delay, provide the Minister and the person, ship or vessel to which the determination relates with a copy of the determination and reasons.

Marginal note:Responsibility

 If the review officer or panel determines that a person, ship or vessel has committed a violation, the person, ship or vessel is liable for the amount of the penalty as set out in the decision.

Marginal note:Determination is final

 A determination made under section 21 is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Marginal note:Rules

 The Chief Review Officer may make rules

  • (a) to govern the practice and procedure in respect of reviews under this Act;

  • (b) generally, to set out the work of review officers in respect of reviews under this Act; and

  • (c) to prevent trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence in a review under this Act, including rules to provide for hearings or parts of hearings to be held in public or in private.

RESPONSIBILITY

Marginal note:Payment

 If a person, ship or vessel pays the penalty set out in a notice of violation, the person, ship or vessel is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

 A person, ship or vessel that neither pays a penalty imposed under this Act nor requests a review in the prescribed time is considered to have committed the violation and is liable for the penalty.

RECOVERY OF PENALTIES

Marginal note:Debts to Her Majesty
  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

  • Marginal note:Application of fines

    (3) All penalties received by the Receiver General in respect of the commission of a violation are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.