Deterring Environmental Violations Through Increased Fines

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The “Regulations Amending the Contraventions Regulations (Canadian Environmental Protection Act, 1999)” (SOR/2023-266) introduces adjustments to improve the enforcement of environmental regulations in Canada. These amendments are designed to ensure that the ticketing process established under the Contraventions Act remains effective and consistent, particularly in deterring non-compliance with environmental laws.

The Contraventions Act provides an alternative to the summary conviction procedure in the Criminal Code, allowing enforcement authorities to address certain federal regulatory offences more efficiently. This system enables offences to be prosecuted through tickets, allowing for voluntary payment of fines and alleviating the burden on the judicial system associated with more serious criminal cases. Importantly, this approach protects offenders from severe consequences, such as a criminal record.

However, a 2021 evaluation of the Contraventions Act Program revealed significant issues, showing that enforcement officers often chose not to pursue minor offences due to the complexities and costs associated with the summary conviction process. The evaluation concluded that increasing fine amounts and revising the Contraventions Regulations were necessary to improve the effectiveness of the regime. Justice Canada recognized this need and collaborated with relevant federal departments, particularly Environment and Climate Change Canada (ECCC), to assess and adjust the fine levels.

The most substantial changes under SOR/2023-266 include increasing fines for various contraventions under the Canadian Environmental Protection Act (CEPA) and its regulations, raising the fine amounts from $500 to $1,000 for each contravention listed in Schedule I.3 of the Contraventions Regulations. This adjustment serves as an effective deterrent against environmental violations, the existing fines had not been updated in over two decades. In addition to increasing fines, the amendments involve technical changes to improve the accuracy and consistency of the regulations. This includes repealing certain offences from Schedule I.3 that are considered administratively burdensome or unenforceable, such as those related to failing to submit reports or notifications on time.

The goal of these amendments is to strengthen compliance with CEPA 1999 and its associated regulations, ultimately improving environmental protection and safeguarding human health. By increasing fines and making the regulatory framework more efficient, the government aims to improve the deterrent effect of the Contraventions Regime. The specific regulations impacted by these amendments address a wide range of environmental issues, including asbestos management, benzene in gasoline, ozone-depleting substances, effluent management in pulp and paper mills, and contaminated fuel standards.

Canada (SOR/2023-266) December 30, 2023