Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

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,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not more than $100,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $200,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not more than $25,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $50,000.

• 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,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not more than $500,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not more than $250,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $500,000.

• 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,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not more than $250,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $500,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not more than $50,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $100,000.

• 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.