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60-day comment period open for proposed Environmental Violations Administrative Monetary Penalties Regulations

NOTE: This opportunity has expired or is an event which has already taken place.

The 60-day comment period is open for the proposed Environmental Violations Administrative Monetary Penalties Regulations (http://www.gazette.gc.ca/rp-pr/p1/2016/2016-04-09/html/reg3-eng.php), which were published on April 9, 2016 in the Canada Gazette, Part I.

The Environmental Violations Administrative Monetary Penalties Act sets out a framework for the establishment of an administrative monetary penalties (AMPs) regime applicable to violations of designated provisions of specified environmental statutes and regulations. AMPs are civil penalties designed to create a financial disincentive to non-compliance and to provide an administrative alternative to other enforcement measures, which may not be effective or appropriate in all situations.

The proposed Regulations would designate provisions in the following six statutes and their associated regulations that could be enforced by means of an AMP:

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

The proposed Regulations would also specify the method used to calculate the amount of an AMP.

The proposed Regulations would not introduce any new legal obligations, create new prohibitions, or impose new administrative or compliance costs. Further details on the expected impact of these proposed Regulations are available in the Regulatory Impact Analysis Statement, published alongside the proposed Regulations in the Canada Gazette, Part I. General background information about the Environmental Violations Administrative Monetary Penalties Act can be found on Environment and Climate Change Canada’s website at:
http://www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=B40F9A1B-1 .

You may also wish to consult the “Policy Framework of the Administrative Monetary Penalty System at Environment and Climate Change Canada to Implement the Environmental Violations Administrative Monetary Penalties Act” (http://www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=29F33776-1), which outlines some operational aspects of the proposed AMPs regime and responds to questions raised during a 2011 consultation on AMPs.

You are invited to direct your comments on the proposed Regulations by June 8, 2016 to ec.legis.gov.ec@canada.ca or by mail to the address provided below.

Laura Farquharson
Executive Director, Legislative Governance
Environment and Climate Change Canada
21st Floor, 351 Saint-Joseph Boulevard
Gatineau, QC, K1A 0H3

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