Canadian Environmental Protection Act, 1999

Marginal note:Offence — persons

• 272 (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.