Canadian Environmental Protection Act, 1999

Marginal note:Duties of directors and officers

• 280.1 (1) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with

  • (a) this Act and the regulations, other than Division 3 of Part 7 and regulations made under that Division; and

  • (b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers, other than those issued or imposed in connection with obligations or prohibitions under that Division or regulations made under that Division.

• Marginal note:Duties of directors and officers — Division 3 of Part 7

  (2) Every director and officer of a corporation who is in a position to direct or influence the corporation’s policies or activities in respect of its obligation to comply with Division 3 of Part 7, regulations made under that Division, and orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers in connection with obligations or prohibitions under that Division or those regulations, shall take all reasonable care to ensure that the corporation so complies.

• Marginal note:Liability of directors and officers — Division 3 of Part 7

  (3) If a corporation commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or a review officer in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director and officer of the corporation who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the offence is a party to and guilty of the offence, and is liable to the penalty provided by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.