Environmental Violations Administrative Monetary Penalties Regulations

Environmental Violations Administrative Monetary Penalties Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 5a of the Environmental Violations Administrative Monetary Penalties Actb, makes the annexed Environmental Violations Administrative Monetary Penalties Regulations. S.C. 2012, c. 19, s. 54 S.C. 2009, c. 14, s. 126 Definition of Act In these Regulations, Act means the Environmental Violations Administrative Monetary Penalties Act, unless otherwise indicated. Provisions of Environmental Acts and regulations 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. Orders or directions 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. Conditions of permit, licence or authorization 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. Other provisions 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. Types of violations 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. Formula — Type A, B or C The amount of the penalty for each Type A, B or C violation is to be determined by the formula is the baseline penalty amount determined under section 5; is the history of non-compliance amount, if any, as determined under section 6; is the environmental harm amount, if any, as determined under section 7; and is the economic gain amount, if any, as determined under section 8. Formula – types D or E The amount of the penalty for each Type D or E violation is to be determined by the formula is the history of non-compliance amount, if any, as determined under section 6; and is the economic gain amount, if any, as determined under section 8.1. Baseline penalty amount 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. History of non-compliance amount 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. History of non-compliance A violator has a history of non-compliance if, in the five years preceding 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; 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; 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 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. Meaning of enforcement action 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. Environmental harm amount 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. Economic gain amount 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. Only gain avoidance of cost of authorization 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. Economic advantage amount 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. Specific case Subject to subsection (2), the amount of the penalty for a violation referred to in subsection 2(4) is $0.25. Continued violation 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 $0.25 for one that is committed during the nine-day period beginning on the day after the day of the contravention; $0.50 for one that is committed during the 10-day period beginning on the tenth day following the day of the contravention; and $1.00 for one that is committed on or after the twenty-first day following the contravention. Manner of service A notice of violation referred to in section 10 of the Act is to be served in the case of an individual, 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 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; in the case of a person other than an individual, 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, 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 by sending a copy of it by electronic means to an individual referred to in subparagraph (i); and in the case of a ship or vessel, 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, by affixing a copy of it to the ship or vessel in a manner than ensures that it is prominently in view, 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, 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 by sending a copy of it by electronic means to an individual referred to in subparagraph (i), (iii) or (iv). Proof of service Service may be proven by an acknowledgement of service signed by or on behalf of the person or ship or vessel served, specifying the date and location of service; 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 a record of electronic transmission setting out the date and time of transmission. Date service effective In the absence of an acknowledgement of service or a certificate of service, service is considered effective, 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 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. On behalf of ship or vessel For the purpose of section 15 of the Act, a review may be requested on behalf of a ship or vessel by its owner; its operator or master; or an authorized representative of its owner or operator. Registration These Regulations come into force on the day on which they are registered. for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations: 14(1)(g) and (h) 14(1)(i)(i) to (v) 14(1)(j)(i) to (vi) 14(1)(k) to (o) 14(1)(s) and (t) 14(1)(u)(i) 14(1)(v)(i) 26(1)(h) and (i) 26(1)(j)(i) to (v) 26(1)(k)(i) to (vi) 26(1)(l) to (p) 26(1)(t) and (u) 26(1)(v)(i) 26(1)(w)(i) 38(c) to (h) 48(d) to (i) 59(c) to (f) 59(h) 70(c) to (f) 70(h) 14(1)(a) to (f) 14(1)(p) to (r) 14(1)(u)(ii) to (v) 14(1)(v)(ii) to (v) 26(1)(a) to (g) 26(1)(q) to (s) 26(1)(v)(ii) to (v) 26(1)(w)(ii) to (v) 38(a) 38(b)(i) and (ii) 48(a) to (c) 59(a) and (b) 59(g) 70(a) and (b) 70(g) 79(b) and (c) 79(e) and (f) 79(a) 79(d) for a contravention other than those referred to in paragraphs (a) and (b) A B C D E Section 1, subsections 2(1), (4), (7) and (9), section 11, subsection 12(2), section 13, subsections 14(2) and (3), sections 15 to 18, subsections 19(1), (2), (4) and (5), sections 20 to 22, subsections 23(2) and (3), 24(2), 28(1) and 29(2), sections 41 to 44, subsections 45(2) and (3), and sections 47 to 50, 53,55 and 56 come into force on January 1, 2024 and apply with respect to the 2024 compliance period and subsequent compliance periods.