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Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2025-01-22 and last amended on 2024-12-16. Previous Versions

PART 10Enforcement (continued)

Reviews (continued)

Marginal note:Rules

  •  (1) The Chief Review Officer may make rules

    • (a) governing the practice and procedure in respect of the review of orders;

    • (b) generally, for the work of review officers; and

    • (c) for preventing 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 before a review officer, including rules providing for hearings or parts of hearings to be held in public or private.

  • Marginal note:Rules for other Acts

    (2) The Chief Review Officer may make rules under subsection (1) with respect to the review of orders made under any Act of Parliament that provides for the review of those orders in accordance with sections 257 to 271 of this Act.

  • 1999, c. 33, s. 267
  • 2009, c. 14, s. 71

Marginal note:Orders and notices

 Every order or varied order under section 263 or 264 or a copy of one and every notice under those sections shall be provided to the Minister and every person to whom the original order is directed and, where applicable, all other persons to whom the amended order is directed, in accordance with Part 11.

Federal Court

Marginal note:Appeal to Federal Court

 The Minister or any person to whom an order, as confirmed or varied by a review officer under section 263, is directed may, by filing a written notice of appeal within 30 days after the written reasons are provided by the review officer under section 266, appeal to the Federal Court — Trial Division from the decision of the review officer.

Marginal note:Standing on appeal to Federal Court

 The Minister or the person to whom the order is directed, as the case may be, has the right, on an appeal to the Federal Court made under section 269, to be heard on all questions of fact and law.

Marginal note:Order not suspended

 The filing of a notice of appeal under section 269 does not suspend the operation of an order, as confirmed or varied by a review officer.

Acts Committed Outside Canada

Marginal note:Offences under this Act deemed committed in Canada

  •  (1) An act or omission that is an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is deemed to have been committed in Canada if it is committed

    • (a) in an area of the sea referred to in paragraph 122(2)(c); or

    • (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).

  • Marginal note:Offences under the Criminal Code deemed committed in Canada

    (2) An act or omission that is committed in the course of enforcement of this Act and that would be an offence under the Criminal Code if it were committed in Canada, is deemed to have been committed in Canada if it is committed

    • (a) in an area of the sea referred to in paragraph 122(2)(c); or

    • (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).

  • 2005, c. 23, s. 36

Offences and Punishment

Marginal note:Offence — persons

  •  (1) Every person commits an offence who

    • (a) contravenes subsection 16(3) or (4), any of subsections 81(1), (3), (4), (10), (11) and (14), 84(2) and 96(3) and (4), section 101, any of subsections 106(1), (3), (4), (10) and (11) and 109(2), section 117 or 123, any of subsections 124(1), (2) and (3), 125(1), (2), (3), (4) and (5), 126(1) and (2) and 139(1), section 142 or 144, subsection 150(3) or (4), section 152, subsection 153(1), section 154, subsection 155(5), section 171 or 181, subsection 185(1), 186(2), 189(1), 202(3) or (4) or 213(3) or (4), paragraph 228(a) or subsection 238(1);

    • (b) fails to comply with an obligation set out in section 70, 86, 87.1, 95, 111 or 112.1 or subsection 169(1), 172(1), 179(1), 182(1), 201(1) or 212(1);

    • (c) contravenes a prohibition imposed under subsection 82(1), paragraph 84(1)(b), subsection 107(1), paragraph 109(1)(b) or subsection 186(1) or 225(4);

    • (d) contravenes a condition of a permission granted under paragraph 84(1)(a) or 109(1)(a) or under regulations made under section 93 or 209;

    • (e) contravenes an interim order made under subsection 94(1), 173(1), 183(1) or 200.1(1);

    • (f) fails to comply with a direction given under section 99, 119 or 148;

    • (g) knowingly contravenes paragraph 228(b);

    • (h) contravenes any provision of the regulations designated by regulations made under section 286.1 for the purpose of this paragraph;

    • (i) contravenes an agreement as defined in section 295;

    • (j) contravenes an order, direction or decision of a court made under this Act;

    • (k) knowingly, with respect to any matter related to this Act or the regulations, provides any person with any false or misleading information, results or samples; or

    • (l) knowingly, with respect to any matter related to this Act or the regulations, 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 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 a corporation 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 less than $500,000 and not more than $6,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

  • Marginal note:Penalty — small revenue corporations

    (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 272.3 to be a small revenue corporation is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • 1999, c. 33, s. 272
  • 2005, c. 23, s. 37
  • 2009, c. 14, s. 72
  • 2017, c. 26, s. 29
  • 2023, c. 12, s. 49

Marginal note:Offence — persons

  •  (1) Every person commits an offence who

    • (a) contravenes any provision of this Act, other than a provision the contravention of which is an offence under subsection 272(1);

    • (b) fails to comply with an obligation arising from this Act, a requirement imposed under this Act or a request made under this Act, other than an obligation, a requirement or a request the failure to comply with is an offence under 272(1);

    • (c) contravenes a prohibition arising from this Act, other than a prohibition the contravention of which is an offence under subsection 272(1);

    • (d) contravenes a condition of any permission granted under this Act, other than a condition of a permission the contravention of which is an offence under subsection 272(1);

    • (e) fails to comply with a direction given under this Act, other than a direction the failure to comply with is an offence under 272(1);

    • (f) contravenes any provision of the regulations, other than a provision the contravention of which is an offence under subsection 272(1) or 272.2(1);

    • (g) negligently, with respect to any matter related to this Act or the regulations, provides any person with any false or misleading information, results or samples; or

    • (h) negligently, with respect to any matter related to this Act or the regulations, 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 corporation 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 corporations

    (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 272.3 to be a small revenue corporation 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.

  • 2009, c. 14, s. 72

Marginal note:Offence — failure to comply with designated regulations

  •  (1) Every person who fails to comply with a provision of a regulation designated under section 286.1 for the purpose of this subsection commits an offence and is liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than three years, or to both, and

      • (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations; or

    • (b) on summary conviction,

      • (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than six months, or to both, and

      • (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing the method of calculating the fine in respect of the offence referred to in subsection (1) committed by individuals, other persons and corporations determined under section 272.3 to be small revenue corporations, which method may be based on a monetary range specified in the regulations.

  • Marginal note:Compliance units

    (3) If a person is convicted of an offence under subsection (1) by reason of having failed to comply with a provision that requires the remission or the cancellation of compliance units described in regulations made under section 326, the court shall, in addition to any other punishment that may be imposed under that subsection, make an order requiring the person to remit or cancel compliance units of the type and number determined in accordance with regulations made under subsection (4) or, if there are no regulations made under subsection (4), in accordance with subsection (5). In the case of an order to remit, the court shall specify in the order the name of the person or entity to whom the compliance units are to be remitted.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing the types of compliance units described in regulations made under section 326 that a person may be required to remit or cancel in an order made under subsection (3) and the manner of determining the number of those compliance units that the person may be required to remit or cancel.

  • Marginal note:Absence of regulations

    (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel compliance units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel.

Marginal note:Determination of small revenue corporation status

 For the purpose of sections 272, 272.1 and 272.2, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

  • 2009, c. 14, s. 72

Marginal note:Offence — ships

  •  (1) Every ship commits an offence if it contravenes

    • (a) section 123, subsection 124(1.1), 125(1), (2.1) or (3.1) or 126(1.1) or (3);

    • (b) any provision of the regulations designated by regulations made under section 286.1; or

    • (c) any order or a direction made under this Act, including one made by a court.

  • Marginal note:Penalty — ships of 7 500 tonnes deadweight or over

    (2) Every ship of 7 500 tonnes deadweight or over that 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 $500,000 and not more than $6,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

  • Marginal note:Penalty — other ships

    (3) Every other ship that 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 $75,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • 2009, c. 14, s. 72
 

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