As you are likely aware by now, the Canadian federal government published proposed changes to the Environmental Violations Administrative Monetary Penalties Act (EVAMPA); see Canada Gazette, April 9, 2016.
Currently, federal environmental officer’s enforcement tools include issuance of written warnings, tickets, compliance orders, or proceed with prosecution. However, under the proposed changes to EVAMPA, there is a new tool for federal environmental enforcement officers: the use of Administrative Monetary Penalties or AMPs.
The AMPs are, according to the announcement, “…intended to be a supplement to existing enforcement measures and to provide an alternative, in some circumstances, to prosecution in court.” The announcement also states, “The proposed Regulations would contain only two categories of violators: (1) individuals, and (2) other persons, ships and vessels.”
It should be noted that all corporations are considered “other persons.”
As we understand, the AMPs can range from $200 to $25,000. However, each day upon which a violation occurs is considered a separate violation. The actual method by which the penalties would be calculated is spelled out in the proposed regulation.
According to the announcement in the Canada Gazette, “The proposed Regulations would apply to the following six ‘environmental Acts’ administered by the Department: the Antarctic Environmental Protection Act; the Canada Wildlife Act; the Canadian Environmental Protection Act, 1999 (Parts 7 and 9); the International River Improvements Act; the Migratory Birds Convention Act, 1994; and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act….EVAMPA also applies to the Canada Water Act…”
We are not going to get too far into the weeds on this blog entry, as this is really a legal matter you should discuss with your lawyer. Our intent is simply to make you aware of this announcement. You can comment on this proposal until June 8, 2016.
Please feel free to contact me (cpare@dragun.com) if you have questions relating to environmental site assessments, remediation, or permitting.