The Environmental Violations Administrative Monetary Penalties Act

The Environmental Violations Administrative Monetary Penalties Act (EVAMPA) came into force on December 10, 2010. EVAMPA sets out a framework for the establishment of a fair and efficient administrative monetary penalties (AMPs) regime. AMPs are civil penalties designed to create a financial disincentive to non-compliance and to supplement existing enforcement measures, such as written warnings and prosecution, which may not be effective or appropriate in all situations. Implementation of the AMPs regime requires the development of regulations, as key details of the regime must be prescribed by regulation.

60-day comment period on the proposed Environmental Violations Administrative Monetary Penalties Regulations

On April 9, 2016, the proposed Environmental Violations Administrative Monetary Penalties Regulations (AMPs Regulations) were published in the Canada Gazette, Part I, for a 60-day comment period. The proposed AMPs Regulations would designate provisions of the following six acts 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 AMPs Regulations would also specify the method used to calculate the amount of an AMP, including baseline penalty amounts for different types of violations and violators, and aggravating factors that, if applicable, increase the amount of the penalty.

The proposed AMPs Regulations would not introduce any new legal obligations, create new prohibitions or limits on conduct, or impose new administrative or compliance costs. AMPs would be a new tool to help achieve higher levels of compliance with federal environmental legislation, offering an alternative to the existing penal system and supplementing existing enforcement measures.

Further details on the expected impact of the proposed AMPs Regulations are available in the Regulatory Impact Analysis Statement (RIAS). The proposed AMPs Regulations and the RIAS are published together in the Canada Gazette, Part I.

In conjunction with the publication of the proposed AMPs Regulations, Environment and Climate Change Canada has published “Policy Framework of the Administrative Monetary Penalty System at Environment and Climate Change Canada to Implement the Environmental Violations Administrative Monetary Penalties Act”, which outlines some operational aspects of the proposed AMPs regime and responds to questions raised during the 2011 consultation on AMPs.

Between April 9, 2016 and June 8, 2016, comments on the proposed AMPs Regulations or the Policy Framework Document for AMPs may be submitted to:

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

Kim Hibbeln
National Director
Enforcement Services Directorate
Environment and Climate Change Canada
4th floor, 351 St-Joseph Boulevard,
Gatineau, QC, K1A 0H3

Email: ec.legis.gov.ec@canada.ca

Background: 2011 consultations on the proposed AMPs regime

From June 30 to September 9, 2011, consultations were held to inform the development of the proposed AMPs Regulations.  The 2011 consultation document has now been archived and is available on-line.

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