Share your thoughts:  Fines and Sentencing Provisions of 10 Key Environmental Laws

Current status: Open – accepting input

Open for comments from June 16, 2021 to August 31, 2021

December 10, 2020 marked the beginning of a mandatory review, required every 10 years, of the fine and sentencing provisions of 10 key federal environmental laws enforced by Environment and Climate Change Canada and Parks Canada:

• Antarctic Environmental Protection Act
• Canada National Marine Conservation Areas Act
• Canada National Parks Act
• Canada Wildlife Act
• Canadian Environmental Protection Act, 1999
• International River Improvements Act
• Migratory Birds Convention Act, 1994
• Saguenay-St. Lawrence Marina Park Act
• Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
• Greenhouse Gas Pollution Pricing Act

About the consultation

Environment and Climate Change Canada and Parks Canada are publishing A Discussion Paper Regarding the Environmental Fines and Sentencing Regime, 10 Years Later. The purpose of this paper is to inform the review and seek public views on whether the fine amounts and sentencing principles in these 10 Acts advance all of the relevant goals (deterrence, denunciation, polluter pays, recovery and restoration) and remain consistent with public values and economic and other relevant circumstances. To this end, the paper includes questions to prompt discussion in the course of engagement. It also provides background on the Environmental Enforcement Act to contextualize the Review, sets out the approach to the review and includes examples of findings so far, all with a view to support the engagement process for the Review.

The input gathered through this process will inform the review and the development of a report, which is to be tabled by the Minister of Environment and Climate Change in each House of Parliament by December 10, 2021. For further context on this review, please visit: About the Environmental Enforcement Act - Canada.ca.

How to participate

Send an email to ec.revisionlegislativelegislativereview.ec@canada.ca with your feedback.

Who is the focus of this consultation

All Canadians are invited to participate in this engagement. We especially want to hear from:

• Regulatees
• Environmental non-governmental organizations
• Academics
• Industry stakeholders
• Indigenous peoples

Key questions for discussion

Are the fundamental purposes of sentencing consistent with public values and economic and other relevant circumstances?

Are the fine and sentencing provisions consistent with public values and economic and other relevant circumstances to advance the fundamental purposes of sentencing?

Are the ancillary clauses, for example, clauses that deal with the due diligence defence and limitations periods, consistent with public values and economic and other relevant circumstances?

Comments on broader enforcement matters beyond fines and sentencing provisions are also welcome as part of this engagement process.

Related information

Read A Discussion Paper Regarding the Environmental Fines and Sentencing Regime, 10 Years Later.

Contact us

Email: ec.revisionlegislativelegislativereview.ec@canada.ca