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Administrative Monetary Penalty System - Consultation Document

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I. Overview and Goals of the Consultation Exercise

The Government of Canada has recently introduced enhanced tools for environmental enforcement. As part of this process, the Government enacted the Environmental Enforcement Act,which came into force on December 10, 2010.[1] This Act made a series of amendments to existing legislation; it also laid out an Administrative Monetary Penalty (or AMP) system that will apply to violations under 10 pieces of federal legislation (or acts): 

Environment Canada acts

  • Antarctic Environmental Protection Act
  • Canada Water Act
  • Canada Wildlife Act
  • Canadian Environmental Protection Act, 1999, Parts 7 and 9
  • International River Improvements Act
  • Migratory Birds Convention Act, 1994
  • Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Parks Canada acts

  • Canada National Marine Conservation Areas Act
  • Canada National Parks Act
  • Saguenay-St. Lawrence Marine Park Act

This consultation document addresses the acts and regulations administered by Environment Canada, which we refer to as environmental legislation[2] in this document. Parks Canada administers the last three acts listed above and may also consider the results of this consultation in the development of regulations.

The purpose of this consultation exercise is to obtain your feedback on the design of the proposed AMP system for violations of environmental legislation. More specifically, we are interested in your comments on the proposed design of regulations that, along with policy, will set out the implementation details of the AMP system. These regulations will be enacted under the legislative authority of the Environmental Violations Administrative Monetary Penalties Act, or EVAMPA.[3]

This consultation document focuses on two main components of the proposed system:

  • the violations of environmental legislation that will be subject to an AMP; and
  • the methodology for determining an AMP

The results of the consultation will be summarized and shared through the Regulatory Impact Analysis Statement (RIAS) that will be pre-published with the proposed EVAMPA regulations in the Canada Gazette, Part I. We expect that a draft of these regulations will be published in the Canada Gazette, Part I in the spring of 2012. The final regulations will be published subsequently in the Canada Gazette, Part II.

[1] The Environmental Enforcement Act (EEA) was enacted to make changes to other pieces of legislation.  Once those changes are made, the EEA will be "spent", meaning it will not perform any other functions. 

[2] "Legislation" refers to statutes (acts) and regulations.

[3] EVAMPA is set out in the EEA.

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