Marginal note:Information

149. Subject to any other federal or territorial law, a responsible authority or a person or body that performs an environmental audit may obtain, from any board established by or continued under this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for the performance of the functions of the responsible authority or person under this Part.

PART 6.1ADMINISTRATIVE MONETARY PENALTIES

Interpretation

Marginal note:Definitions

150.01 The following definitions apply in this Part.

“Board”

« Office »

“Board” has the same meaning as in section 51.

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector under section 84 or 142.24.

“penalty”

« pénalité »

“penalty” means an administrative monetary penalty imposed under this Part for a violation.

“review body”

« réviseur »

“review body” means

• (a) in respect of a violation relating to Part 3, the Board; and

• (b) in respect of a violation relating to Part 5, the federal Minister.

Federal Minister’s Powers

Marginal note:Regulations

• 150.02 (1) The federal Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 150.03 to 150.23, including regulations

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

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

    • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of any specified class — made or given under this Act, or

    • (iii) the failure to comply with a term or condition of any licence, permit or other authorization or development certificate issued under this Act or a term or condition of a specified class of licences, permits or other authorizations;

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

  • (c) establishing the form and content of notices of violations;

  • (d) 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 considered to be served;

  • (e) respecting reviews by the review body in respect of a notice of violation; and

  • (f) respecting the publication of the nature of a violation, the name of the person who committed it and the amount of the penalty.

• Marginal note:Maximum amount of penalty

  (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation shall not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Marginal note:Who may issue notices

150.03 Inspectors are authorized to issue notices of violation.

Marginal note:Commission of violation

• 150.04 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 150.02(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Marginal note:Liability of directors, officers, etc.

150.05 If a corporation commits a violation, any director, officer or 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 a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

Marginal note:Proof of violation

150.06 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or the agent or mandatary is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation

• 150.07 (1) If an inspector has reasonable grounds to believe that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents

  (2) The notice of violation shall

  • (a) name the person that is believed to have committed the violation;

  • (b) set out the relevant facts surrounding the violation;

  • (c) set out the amount of the penalty;

  • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right shall be exercised;

  • (e) inform the person of the time and manner of paying the penalty; and

  • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.

• Marginal note:Copy of notice of violation

  (3) The inspector shall, without delay after issuing the notice of violation, provide a copy to the Board and the federal Minister.

Rules About Violations

Marginal note:Certain defences not available

• 150.08 (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the commission of the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Continuing violation

150.09 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Violation or offence

• 150.1 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

• Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period

150.11 No notice of violation is to be issued more than two years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged violation.

Reviews

Marginal note:Right to request review

150.12 A person who is served with a notice of violation may, within 30 days after the notice is served or within any longer period prescribed by the regulations, make a request to the review body for a review of the amount of the penalty or the facts of the violation, or both.

Marginal note:Correction or cancellation of notice of violation

150.13 At any time before a request for a review in respect of a notice of violation is received by the review body, an inspector may cancel the notice of violation or correct an error in it.

Marginal note:Review

150.14 On receipt of a request for a review in respect of a notice of violation, the review body shall conduct the review.

Marginal note:Witnesses

• 150.15 (1) When conducting a review, the Board may summon any person to appear as a witness and may order the witness to give evidence orally or in writing and produce any documents and things that the Board considers necessary for the purpose of the review.

• Marginal note:Enforcement of summonses and orders

  (2) Any summons issued or order made under subsection (1) may be made a summons or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or an order of that court.

• Marginal note:Procedure

  (3) To make a summons issued or an order made under subsection (1) a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed or a certified copy of the summons or order may be filed with the court’s registrar and the summons or order then becomes a summons or an order of that court.

• Marginal note:Fees for witnesses

  (4) A witness who is served with a summons is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.

Marginal note:Object of review

• 150.16 (1) The review body shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The review body shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the federal Minister in the case of a violation relating to Part 3 or to the Board in the case of a violation relating to Part 5.

• Marginal note:Correction of penalty

  (3) If the review body determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the review body shall correct it.

• Marginal note:Responsibility

  (4) If the review body determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.

• Marginal note:Determination final

  (5) A determination made under this section 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:Burden of proof

150.17 If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

Responsibility

Marginal note:Payment

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

Marginal note:Failure to act

150.19 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 150.12 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debt to Her Majesty

• 150.2 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Limitation period or prescription

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

Marginal note:Certificate

• 150.21 (1) The federal Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 150.2(1).

• Marginal note:Registration in Federal Court

  (2) Registration in other court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Authenticity of documents

150.22 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 150.07(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication

150.23 The Board may, subject to any regulations, make public the nature of a violation, the name of the person who committed it and the amount of the penalty.