Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)
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Act current to 2021-02-15 and last amended on 2020-12-04. Previous Versions
PART 2Industrial Greenhouse Gas Emissions (continued)
DIVISION 3Administration and Enforcement (continued)
Application for Investigation of Offences (continued)
Marginal note:Progress reports
228 Starting on the day on which the Minister acknowledges receipt of the application, he or she must report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister must include in the report an estimate of the time required to complete the investigation or to implement the action. A report is not however required if the investigation is discontinued before the end of the 90 days.
Marginal note:Sending evidence to Attorney General of Canada
229 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Part and for any action that the Attorney General may wish to take.
Marginal note:Discontinuation of investigation
230 (1) The Minister may discontinue an investigation if he or she is of the opinion that
Marginal note:Report
(2) If an investigation is discontinued, the Minister must prepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation and he or she must send a copy of the report to the applicant and to any person whose conduct was investigated. A copy of the report that is sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.
Injunctions
Marginal note:Injunctions
231 (1) If, 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 Part, the court may issue an injunction ordering any person named in the application
Marginal note:Notice
(2) At least 48 hours before the injunction is issued, notice of the application must be served on persons named in the application, unless the urgency of the situation is such that the delay involved in serving the notice would not be in the public interest.
DIVISION 4Offences and Punishment
Offences
Marginal note:Offences
232 (1) Every person commits an offence who
(a) contravenes section 208 or subsection 217(1) or 225(4);
(b) knowingly contravenes section 209;
(c) contravenes any provision of a regulation that is designated by regulations made under section 246;
(d) contravenes an order of a court made under this Part;
(e) knowingly, with respect to any matter related to this Part, provides any person with any false or misleading information or samples;
(f) knowingly, with respect to any matter related to this Part, files a document that contains false or misleading information; or
(g) knowingly, destroys, alters, mutilates, conceals or otherwise disposes of any records that are kept and retained under this Part.
Marginal note:Penalty — individuals
(2) Every individual who commits an offence under subsection (1) is liable,
(a) on conviction on indictment,
(i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and
(ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than three years, or to both; or
(b) on summary conviction,
(i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and
(ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Penalty — other persons
(3) Every person, other than an individual or an organization referred to in subsection (4), that commits an offence under subsection (1) is liable,
Marginal note:Penalty — small revenue organizations
(4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable,
Marginal note:Offences
233 (1) Every person commits an offence who
(a) contravenes any provision of this Part, other than a provision the contravention of which is an offence under paragraph 232(1)(a);
(b) contravenes any provision of a regulation made under this Part, other than a provision the contravention of which is an offence under paragraph 232(1)(c);
(c) with respect to any matter related to this Part, provides any person with any false or misleading information or samples; or
(d) with respect to any matter related to this Part, files a document that contains false or misleading information.
Marginal note:Penalty — individuals
(2) Every individual who commits an offence under subsection (1) is liable,
Marginal note:Penalty — other persons
(3) Every person, other than an individual or a organization referred to in subsection (4), that commits an offence under subsection (1) is liable,
Marginal note:Penalty — small revenue organizations
(4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable,
Marginal note:Order — provision of compensation
(5) If a person is found guilty of contravening subsection 174(1) or paragraph 178(1)(a), the court must, in addition to any penalty that may be imposed under this section, order the offender to provide compensation, at the rates set out in subsection 174(4), for the excess emissions for which no compensation was provided and for which no compliance units were withdrawn.
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