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An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)

Assented to 2009-06-18

An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment

S.C. 2009, c. 14

Assented to 2009-06-18

An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment

SUMMARY

This enactment amends certain enforcement, offence, penalty and sentencing provisions of the following Acts:

It adds enforcement officer immunity to the Acts that did not expressly provide any. It also adds the power to designate analysts for the purposes of the Canada Wildlife Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. It also adds inspection and search and seizure powers to the International River Improvements Act.

It amends the penalty provisions of the Acts by establishing distinct ranges of fines for different offences, by creating minimum fines for the most serious offences, by increasing maximum fines, by specifying ranges of fines for individuals, other persons, small revenue corporations and ships of different sizes and by doubling the fine amounts for second and subsequent offenders.

It amends the Acts to make the liability and duty provisions of directors, officers, agents and mandataries of corporations, and those of ship masters, chief engineers, owners and operators, consistent between the Acts.

The enactment amends the sentencing provisions of the Acts by adding a purpose clause, by specifying aggravating factors that, if associated with an offence, must contribute to higher fines, by requiring courts to add profits gained or benefits realized from the commission of an offence to fine amounts, by requiring courts to order corporate offenders to disclose details of convictions to their shareholders and by expanding the power of the courts to make additional orders having regard to the nature of the offence and the circumstances surrounding its commission.

The enactment adds to each of the Acts a requirement that details of convictions of corporations be made available to the public and that all fines collected be credited to the Environmental Damages Fund and be available for environmental projects or the administration of that Fund.

This enactment also creates the Environmental Violations Administrative Monetary Penalties Act which establishes an administrative monetary penalty scheme applicable to the Acts listed above as well as to the Canada Water Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Environmental Enforcement Act.

Marginal note:2003, c. 20

ANTARCTIC ENVIRONMENTAL PROTECTION ACT

  • 2. (1) Paragraph (b) of the definition “Canadian” in subsection 2(1) of the English version of the Antarctic Environmental Protection Act is replaced by the following:

    • (b) a corporation established or continued under the laws of Canada or a province.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “Chief Review Officer”

    « réviseur-chef »

    “Chief Review Officer” means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer.

    “vessel”

    « bâtiment »

    “vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform.

  • 3. (1) Paragraph 26(1)(c) of the French version of the Act is replaced by the following:

    • c) régir la délivrance, le renouvellement, l’annulation et la suspension des permis et les conditions dont le ministre peut assortir les permis;

  • (2) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (j) and by adding the following after that paragraph:

    • (j.1) designating provisions of the regulations for the purposes of paragraphs 50(1)(b) and 50.3(1)(b); and

4. The Act is amended by adding the following after section 29:

Marginal note:Immunity

29.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

  • 5. (1) Subsection 30(7) of the Act is replaced by the following:

    • Marginal note:Stopping and detaining conveyances

      (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance.

  • (2) Paragraph 30(8)(a) of the Act is replaced by the following:

    • (a) direct that the vessel be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain the vessel;

  • (3) Subsection 30(11) of the Act is replaced by the following:

    • Marginal note:Disposition of samples

      (11) An enforcement officer or analyst may dispose of a sample taken under paragraph (9)(d) in any manner that the officer or analyst considers appropriate.