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Canadian Environmental Protection Act, 1999

Version of section 287 from 2002-12-31 to 2010-12-09:

Marginal note:Sentencing considerations

 A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors:

  • (a) the harm or risk of harm caused by the commission of the offence;

  • (b) an estimate of the total costs to remedy or reduce any damages caused by the commission of the offence;

  • (c) whether any remedial or preventive action has been taken or proposed by or on behalf of the offender, including having in place an environmental management system that meets a recognized Canadian or international standard or a pollution prevention plan;

  • (d) whether any reporting requirements under this Act or the regulations were complied with by the offender;

  • (e) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;

  • (f) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence;

  • (g) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;

  • (h) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or minimize harm to the environment; and

  • (i) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders.

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