Environmental Violations Administrative Monetary Penalties Regulations (SOR/2017-109)

Interpretation

Marginal note:Definition of Act

1 In these Regulations, Act means the Environmental Violations Administrative Monetary Penalties Act, unless otherwise indicated.

Designated Provisions

Marginal note:Provisions of Environmental Acts and regulations

• 2 (1) The contravention of a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with the Act.

• Marginal note:Orders or directions

  (2) The contravention of any order or direction made under a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 2 is designated as a violation that may be proceeded with in accordance with the Act.

• Marginal note:Conditions of permit, licence or authorization

  (3) The failure to comply with a condition of a permit, licence or other authorization issued under an Environmental Act or any of its regulations that is referred to in a provision set out in column 1 of Schedule 3 is designated as a violation that may be proceeded with in accordance with the Act.

• Marginal note:Other provisions

  (4) The contravention of subsection 174(1) or paragraph 178(1)(a) of the Greenhouse Gas Pollution Pricing Act is designated as a violation that may be proceeded with in accordance with the Act.

Marginal note:Types of violations

3 The contravention of a provision set out in column 1 of Schedule 1, of an order or direction made under a provision set out in column 1 of Schedule 2 or of a condition referred to in a provision set out in column 1 of Schedule 3 is classified as a Type A, B, C, D or E violation in accordance with column 2 of the respective schedule.

Penalties

Marginal note:Formula — Type A, B or C

• 4 (1) The amount of the penalty for each Type A, B or C violation is to be determined by the formula

  W + X + Y + Z

  where

  W

  is the baseline penalty amount determined under section 5;

  X

  is the history of non-compliance amount, if any, as determined under section 6;

  Y

  is the environmental harm amount, if any, as determined under section 7; and

  Z

  is the economic gain amount, if any, as determined under section 8.

• Marginal note:Formula – types D or E

  (2) The amount of the penalty for each Type D or E violation is to be determined by the formula

  W + X + Y

  where

  W

  is the baseline penalty amount determined under section 5;

  X

  is the history of non-compliance amount, if any, as determined under section 6; and

  Y

  is the economic gain amount, if any, as determined under section 8.1.

Marginal note:Baseline penalty amount

5 The baseline penalty amount for a violation is the amount set out in column 3 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable schedule.

Marginal note:History of non-compliance amount

• 6 (1) If the violator has a history of non-compliance, the history of non-compliance amount is the amount set out in column 4 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable Schedule.

• Marginal note:History of non-compliance

  (2) A violator has a history of non-compliance if, in the five years preceding

  • (a) the commission of a violation relating to any Division of Part 7 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Division, they were subject to an enforcement action in relation to that Division or any of those regulations;

  • (b) the commission of a violation relating to Part 9 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Part, they were subject to an enforcement action in relation to that Part or any of those regulations;

  • (c) the commission of a violation relating to the Greenhouse Gas Pollution Pricing Act or a regulation made under that Act, they were subject to an enforcement action in relation to that Act or any of those regulations; or

  • (d) the commission of a violation relating to any Environmental Act, other than the Canadian Environmental Protection Act, 1999 or the Greenhouse Gas Pollution Pricing Act, or a regulation made under one of those Acts, they were subject to an enforcement action in relation to that Act or any of that Act’s regulations.

• Marginal note:Meaning of enforcement action

  (3) For the purpose of subsection (2), enforcement action means the imposition of a ticket, penalty, conviction or injunction or the use of environmental protection alternative measures.

Marginal note:Environmental harm amount

7 If the violation has resulted in harm to the environment, the environmental harm amount is the amount set out in column 5 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.

Marginal note:Economic gain amount

• 8 (1) Subject to subsection (2), if the violation has resulted in economic gain to the violator, including an avoided financial cost, the economic gain amount is the amount set out in column 6 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.

• Marginal note:Only gain avoidance of cost of authorization

  (2) If the only economic gain is the avoidance of the cost of obtaining a permit, licence or other authorization, the economic gain amount is the amount set out in column 7 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.

Marginal note:Economic advantage amount

8.1 If the violation has resulted in economic gain to the violator, including an avoided financial cost, the applicable economic gain amount is the amount set out in column 5 of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.

Marginal note:Specific case

• 8.2 (1) Subject to subsection (2), the amount of the penalty for a violation referred to in subsection 2(4) is $0.25.

• Marginal note:Continued violation

  (2) If a violation referred to in subsection (1) is continued on more than one day, the penalty in respect of each of the separate violations that, because of section 12 of the Act, result from that continuation shall be

  • (a) $0.25 for one that is committed during the nine-day period beginning on the day after the day of the contravention;

  • (b) $0.50 for one that is committed during the 10-day period beginning on the tenth day following the day of the contravention; and

  • (c) $1.00 for one that is committed on or after the twenty-first day following the contravention.

Service

Marginal note:Manner of service

• 9 (1) A notice of violation referred to in section 10 of the Act is to be served

  • (a) in the case of an individual,

    • (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

    • (ii) by sending a copy of it by registered mail, courier, fax or other electronic means to the recipient’s last known address or usual place of residence;

  • (b) in the case of a person other than an individual,

    • (i) by leaving a copy of it with their authorized representative or with an officer or other individual who appears to direct or control the person’s head office or place of business or that of their authorized representative,

    • (ii) by sending a copy of it by registered mail, courier or fax to the person’s authorized representative or to the person’s head office or place of business or that of their authorized representative, or

    • (iii) by sending a copy of it by electronic means to an individual referred to in subparagraph (i); and

  • (c) in the case of a ship or vessel,

    • (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship or vessel,

    • (ii) by affixing a copy of it to the ship or vessel in a manner than ensures that it is prominently in view,

    • (iii) by leaving a copy of it with the authorized representative of the owner or operator of the ship or vessel or with an officer or other individual who appears to direct or control the owner, operator or authorized representative’s head office or place of business,

    • (iv) by sending a copy of it by registered mail, courier or fax to the owner or operator of the ship or vessel, or to the authorized representative, head office or place of business of that owner or operator, or

    • (v) by sending a copy of it by electronic means to an individual referred to in subparagraph (i), (iii) or (iv).

• Marginal note:Proof of service

  (2) Service may be proven by

  • (a) an acknowledgement of service signed by or on behalf of the person or ship or vessel served, specifying the date and location of service;

  • (b) a certificate of service, in a form approved by the Minister and signed by the person who effected the service, stating that service was made on the person or ship or vessel named in the certificate and indicating the means by which and day on which service was effected; or

  • (c) a record of electronic transmission setting out the date and time of transmission.

• Marginal note:Date service effective

  (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

  • (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or

  • (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

Request for Review

Marginal note:On behalf of ship or vessel

10 For the purpose of section 15 of the Act, a review may be requested on behalf of a ship or vessel by

• (a) its owner;

• (b) its operator or master; or

• (c) an authorized representative of its owner or operator.

Coming into Force

Marginal note:Registration

11 These Regulations come into force on the day on which they are registered.