Canadian Environmental Protection Act, 1999

Marginal note:Offence — failure to comply with designated regulations

• 272.2 (1) Every person who fails to comply with a provision of a regulation designated under section 286.1 for the purpose of this subsection commits an offence and is liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than three years, or to both, and

    • (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations; or

  • (b) on summary conviction,

    • (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than six months, or to both, and

    • (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations prescribing the method of calculating the fine in respect of the offence referred to in subsection (1) committed by individuals, other persons and corporations determined under section 272.3 to be small revenue corporations, which method may be based on a monetary range specified in the regulations.

• Marginal note:Tradeable units

  (3) If a person is convicted of an offence under subsection (1) by reason of having failed to comply with a provision that requires the remission or the cancellation of tradeable units described in regulations made under section 326, the court shall, in addition to any other punishment that may be imposed under subsection (1), make an order requiring the person to remit or cancel tradeable units of the type and number determined in accordance with regulations made under subsection (4) or, if there are no regulations made under that subsection, in accordance with subsection (5). In the case of an order to remit, the court shall specify in the order the name of the person or entity to whom the tradeable units are to be remitted.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations prescribing the types of tradeable units described in regulations made under section 326 that a person may be required to remit or cancel in an order made under subsection (3) and the manner of determining the number of those tradeable units that the person may be required to remit or cancel.

• Marginal note:Absence of regulations

  (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel tradeable units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel.