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Civil Suit by the Crown to Recover Costs

The Crown may recover costs by civil suit when:

·          An enforcement officer was required to carry out clean-up

·          The officer was obliged to take measures where any person fails

·          The Minister incurs publication costs when he or she publishes the facts related to an offence

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Penalties and Court Orders upon Conviction

·          Penalties and court orders include fines or imprisonment

·          Criteria to guide the courts when imposing penalties

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Federal Environmental Enforcement Programs

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Enforcement Canada has developed a policy that governing their compliance and enforcement activities under the CEPA.

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·         Compliance with the Act and its regulations is mandatory.

·         The Act will be applied throughout Canada in a fair, predictable and consistent manner.

·         Sanctions and processes securely founded in law will be used.

·         The Act will be working on prevention of damage to the environment

·         Every suspected violation will be examined and action will be taken

·         Reporting and suspected violations of the Act will be encouraged

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·         Education and Information

·         Technical Information

·         Consultation on Regulation Development and Review

·         Environmental codes of practice and guidelines

·         Promotion of environmental Audits

·         Inspection and Investigation

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The purpose of an inspection is to find out compliance with CEPA and its regulations, which is very important part of the program.

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Federal and Provincial Environmental Enforcement Program

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Federal and Provincial Environmental Enforcement Program

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Investigation

There are 2 instances in which an enforcement officer will conduct investigation:

1) When having a reasonable grounds to believe that offence has been committed under the Act

2) When an individual that is at least 18 years old, and a resident of Canada petitions the Minister to investigate an alleged violation of the Act

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Responses to Alleged Violations

If there is no evidence that violation happened, no enforcement action should be taken. However, if there is enough evidence, action of the program will be taken.

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Criteria for responses to Alleged Violations

These factors will be applied when deciding what enforcement action to take:

·         Nature of the alleged violation

·         Effectiveness in achieving the desired result with the violator

·         Consistency in enforcement

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Enforcement Responses

The following responses are available to deal with alleged violations:

Warnings

·         A violation of the Act is continuing or has occurred

·         When it is a minimum chance of harm or potential harm to the environment, human health

·         Warnings will always be giving in writing form

Directions in the Event of Releases

·         A release of a substance in contravention of regulations or the likelihood of such a release

·         Directions to the person who owns the substances, or management or control of substances to take all reasonable emergency measures

Tickets

Enforcement officersmay issue a ticket if they think that warning is not enough. In cases where an alleged ticketable offence continues for more than one day, officers are able to issue ticket every day that the alleged offence continues.

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Ministerial Orders

The order is three types under CEPA, 1999

·         Prohibit activities

·         Force to the recall

·         Require more information

Only the first two Ministerial orders are for use in response to alleged violations.

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Detention Orders for Ships
·        The ship owner or master has committed
·        The ship was used in connection with the violation

Considerations
·        Flight, loss of evidence
·        International and Canadian maritime law

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Environmental Protection Compliance Orders

·         To prevent a violation from occurring

·         Stop or correct one that is occurring or continuing over a period of time

·         Correct an omission

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Prosecution

Charges will be laid for every violation in accordance with the policy one of the following responses is sufficient and appropriate;

·         A warning; a ticket

·         A direction by an enforcement officer

·         An order by the Minister

·         An environmental protection compliance order

Prosecution will always be pursued when:

·         Death or serious harm or risk to the environment to human life or health

·         The alleged violator did not take all reasonable

·         An order by the Minister prohibiting activities

·         A recall order imposed by the Minister

·         An environmental protection compliance order or alternative measures

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enables the minister of environment to:

-establish agreements with provinces on water resource matters

-end water resource agreements between federal and provincial govt

- directly or indirectly collect information associated with water resources.

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enables the minister to end agreements with provinces for joint designation of water quality management

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regulation of the concentration of nutrients in cleaning agents and water conditioners (was incorporated into CEPA)

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allows the minister to establish advisory councils and undertake public information programs. Also requires an annual report to parliament.

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Deleterious substance: Any substance that, if added to any water, would degrade or alter the quality of that water to fish or the use of fish by man

Waste: (a) any substance that, if added to any water, would degrade or alter the water.

(b) any water that contains a substance in such a quantity or concentration to the extent described in paragraph (a).