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

-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.

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

·         To prevent a violation from occurring

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

·         Correct an omission

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

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.

The following responses are available to deal with alleged violations:

·         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

·         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

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.

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

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.

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 

·         Technical Information

·         Consultation on Regulation Development and Review

·         Environmental codes of practice and guidelines

·         Promotion of environmental Audits

·         Inspection and Investigation

·         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

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

·          Penalties and court orders include fines or imprisonment

·          Criteria to guide the courts when imposing penalties

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