Backgrounder

Environmental Enforcement Bill
New Penalties and Sentencing Provisions

The current fine structure in many of Canada’s environmental laws is out of date.  In the last 20 years, there has been a growing understanding of the extent and severity of the damages that environmental offences can cause, and a corresponding increase in the demand for more severe penalties and fines for infractions.

While many of Canada’s environmental statutes provide for maximum fines, the lack of minimum fines leaves courts with little guidance on appropriate fines. 

As a result, courts have generally imposed fines that are not high enough to act as strong deterrents or to express public denunciation of environmental infractions.  For example, despite maximum possible fines of $1 million per day under the Canadian Environmental Protection Act, 1999, the courts have never imposed a fine under that Act greater than $100,000. Some corporate offenders may simply consider low fines as the cost of doing business.

An Act to make amendments relating to the enforcement of, and to enact provisions respecting the enforcement of, certain Acts that relate to the environment, otherwise known as the Environmental Enforcement Bill, would introduce a new fine regime that would reflect more accurately the seriousness of environmental offences.  In addition to higher fines, the bill would delineate fine ranges according to the nature of the offence and the type of the offender. 

Proposed fine regime in the Environmental Enforcement Bill

		Summary Conviction		Indictment
OFFENDER		Min	Max	Min	Max
Individual	Most serious offences	$5,000	$300,000	$15,000	$1 million
	Other offences	N/A	$25,000	N/A	$100,000
Small Corporations, ships	Most serious offences	$25,000	$2 million	$75,000	$4 million
	Other offences	N/A	$50,000	N/A	$250,000
Large corporations, ships over 7,500 tonnes deadweight	Most serious offences	$100,000	$4 million	$500,000	$6 million
	Other offences	N/A	$250,000	N/A	$500,000

Penalties

TheEnvironmental Enforcement Bill would specify different fine ranges for different classes of offenders.  For example, fines for large corporations would be higher than those for small corporations or individuals.

The bill would also direct all fines to the Environmental Damages Fund,so they may be used to support restoration of the environment harmed by offences.

Sentencing

The Environmental Enforcement Bill would add a clause to each of the nine statutes being amended, setting out the fundamental purpose of sentencing to reinforce the objectives of deterrence, denunciation and restoration.

The bill also identifies a number of factors to be treated as aggravating during sentencing. If present in an offence, these factors would lead to the higher fines.

These aggravating factors could include:

• Actual damage or risk of damage to the environment;
• That the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable area or component of the environment;
• That the damage caused was irreparable, extensive or persistent;
• That the offender failed to take reasonable steps to prevent the offence despite having the financial means to do so; and
• A history of non-compliance on the part of the offender.

The types of orders the court may make with respect to an offender is expanded through the bill.  For example, the bill would authorize the courts to suspend or cancel permits or licenses issued to offenders, or prevent an offender from applying for a permit for a specified period of time. 

More Enforcement Officers and Increased Support

In addition to the new measures on fines, sentencing and enforcement tools,  

Environment Canada will increase the number of enforcement officers in the field from approximately 215 officers today to over 320 through $22 million in additional funding announced in Budget 2007.  Budget 2008 provides a further $21 million over two years to Environment Canada to allow for the implementation of the stricter enforcement regime that the legislation will bring. The additional staff and resources will enable Environment Canada to better provide expert laboratory service, including training; ensure continuity of evidence; ensure the security of samples within the laboratory; and provide technical expertise, data interpretation, and expert witness testimony. 

In addition, enforcement officials will be able to use cutting-edge scientific technologies for the collection and analysis of samples.  Training in new threat areas that have not traditionally been enforced in the past will also be added.