GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 287
Fundamental purpose of sentencing 287 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the significant and many threats to the environment and to human health and to the importance of a healthy environment to the well-being of Canadians, to respect for the law protecting the environment and human health through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce unlawful conduct that damages or creates a risk of damage to the environment or harms or creates a risk of harm to human health; and (c) to reinforce the “polluter pays” principle by ensuring that offenders are held responsible for effective clean-up and environmental restoration. 1999, c. 33, s. 287; 2009, c. 14, s. 81
Canadian Environmental Protection Act, 1999 — C-15.31 287.1
Sentencing principles 287.1 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offence caused damage or risk of damage to the environment or environmental quality; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment; (c) the offence caused harm or risk of harm to human health; (d) the damage or harm caused by the offence is extensive, persistent or irreparable; (e) the offender committed the offence intentionally or recklessly; (f) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (g) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs; (h) the offender committed the offence despite having been warned by an enforcement officer of the circumstances that subsequently became the subject of the offence; (i) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and (j) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(a), (b) and (d), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision. 2009, c. 14, s. 81
Canadian Environmental Protection Act, 1999 — C-15.31 288
Absolute or conditional discharge 288 (1) Where an offender has pleaded guilty to or been found guilty of an offence, the court may, instead of convicting the offender, by order direct that the offender be discharged absolutely or on conditions having any or all of the effects described in paragraphs 291(1)(a) to (q). Conditions of order (2) If an order is made under subsection (1) and the offender contravenes or fails to comply with it, or is convicted of an offence under this Act, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made. 1999, c. 33, s. 288; 2009, c. 14, s. 82
Canadian Environmental Protection Act, 1999 — C-15.31 289
Suspended sentence 289 (1) Where an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order under section 291. Application by prosecutor (2) If the passing of sentence has been suspended under subsection (1) and the offender contravenes or fails to comply with an order made under section 291, or is convicted of an offence under this Act, the prosecutor may apply to the court to impose any sentence that could have been imposed if the passing of sentence had not been suspended. 1999, c. 33, s. 289; 2009, c. 14, s. 83
Canadian Environmental Protection Act, 1999 — C-15.31 291
y other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for deterring the offender and any other person from committing offences under this Act; (r) requiring the offender to surrender to the Minister any permit or other authorization issued under this Act to the offender; and (s) prohibiting the offender from applying for any new permit or other authorization under this Act during any period that the court considers appropriate. Publication (2) If an offender fails to comply with an order made under paragraph (1)(g), the Minister may, in the manner that the court directed the offender to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the offender. Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(f.1) or (k) directing an offender to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under paragraph (1)(k) directing an offender to pay an amount to a person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, the person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permits, etc. (5) If the court makes an order under paragraph (1)(r), any permit or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 1999, c. 33, s. 291; 2009, c. 14, s. 85
Canadian Environmental Protection Act, 1999 — C-15.31 292
Compensation for loss of property 292 (1) Where an offender has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to that person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Canadian Environmental Protection Act, 1999 — C-15.31 292.1
Compensation for cost of remedial or preventive action 292.1 (1) A court shall not, under paragraph 291(1)(k), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act . Compensation for loss or damage — property (2) A court shall not, under subsection 292(1), order an offender to pay to a person an amount by way of satisfaction or compensation for loss of or damage to property if the person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act . 2009, c. 14, s. 85.1
Canadian Environmental Protection Act, 1999 — C-15.31 293
Variation of sanctions 293 (1) Subject to subsection (2), where a court has made, in relation to an offender, an order or direction under section 288, 289 or 291, the court may, on application by the offender or the Attorney General, require the offender to appear before it and, after hearing the offender and the Attorney General, vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made: (a) make changes in the order or the conditions specified in it or extend the period for which the order is to remain in force for any period, not exceeding one year, that the court considers desirable; or (b) decrease the period for which the order is to remain in force or relieve the offender, either absolutely or partially or for any period that the court considers desirable, of compliance with any condition that is specified in the order. Notice (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any such person.
Canadian Environmental Protection Act, 1999 — C-15.31 294
Subsequent applications with leave 294 Where an application made under section 293 in respect of an offender has been heard by a court, no other application may be made under that section with respect to the offender except with leave of the court.
Canadian Environmental Protection Act, 1999 — C-15.31 294.1
Application of fines 294.1 (1) Subject to regulations made under section 278, all fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act , are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 86
Canadian Environmental Protection Act, 1999 — C-15.31 294.2
Publication of information about contraventions 294.2 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2009, c. 14, s. 86
Canadian Environmental Protection Act, 1999 — C-15.31 294.3
Minister may refuse or suspend permit 294.3 The Minister may refuse to issue a permit or other authorization under this Act, or may cancel such a permit or other authorization, if the applicant or the holder has been convicted of an offence under this Act. 2009, c. 14, s. 86
Canadian Environmental Protection Act, 1999 — C-15.31 294.4
Contraventions Act 294.4 If an offence under this Act is designated as a contravention under the Contraventions Act , subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention. 2009, c. 14, s. 86
Canadian Environmental Protection Act, 1999 — C-15.31 294.5
Review 294.5 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 272 to 294.4. Report to Parliament (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. 2009, c. 14, s. 86
Canadian Environmental Protection Act, 1999 — C-15.31 295
Definitions 295 The definitions in this section apply in sections 296 to 309. agreement means an agreement respecting environmental protection alternative measures. ( accord ) Attorney General means the Attorney General of Canada or an agent of the Attorney General of Canada. ( procureur général ) environmental protection alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act. ( mesures de rechange ) person includes individuals, Her Majesty in right of Canada or of a province and public bodies, bodies corporate, societies and companies. ( personne )
Canadian Environmental Protection Act, 1999 — C-15.31
agreement means an agreement respecting environmental protection alternative measures. ( accord )
Canadian Environmental Protection Act, 1999 — C-15.31
Attorney General means the Attorney General of Canada or an agent of the Attorney General of Canada. ( procureur général )
Canadian Environmental Protection Act, 1999 — C-15.31
environmental protection alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act. ( mesures de rechange )
Canadian Environmental Protection Act, 1999 — C-15.31
person includes individuals, Her Majesty in right of Canada or of a province and public bodies, bodies corporate, societies and companies. ( personne )
Canadian Environmental Protection Act, 1999 — C-15.31 297
Sentencing considerations 297 If an information in respect of an offence of contravening an agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account, in addition to the principles and factors referred to in section 287.1, any sentence that has previously been imposed for the other offence. 1999, c. 33, s. 297; 2009, c. 14, s. 88
Canadian Environmental Protection Act, 1999 — C-15.31 298
Nature of measures contained in agreement 298 (1) An agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 291 or any other terms and conditions having any of the effects prescribed by the regulations that the Attorney General, after consulting with the Minister, considers appropriate; and (b) terms and conditions relating to the costs of laboratory tests and of field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement. Supervisory bodies (2) Any governmental or non-governmental body may supervise compliance with an agreement. 1999, c. 33, s. 298; 2017, c. 26, s. 63(E)
Canadian Environmental Protection Act, 1999 — C-15.31 299
Duration of agreement 299 An agreement comes into force on the day on which it is signed or on any later day that is specified in the agreement and continues in force for the period, not exceeding three years, specified in the agreement.
Canadian Environmental Protection Act, 1999 — C-15.31 300
Filing in court for the purpose of public access 300 (1) Subject to subsection (5), the Attorney General shall consult with the Minister before entering into an agreement and shall cause the agreement to be filed, as part of the court record of the proceedings to which the public has access, with the court in which the information was laid, within 30 days after the agreement was entered into. Reports (2) A report relating to the administration of or compliance with an agreement shall, immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed, be filed with the court in which the agreement was filed in accordance with subsection (1). Confidential information or material injury (3) Subject to subsection (4), the following information that is to be part of an agreement or the report referred to in subsection (2) must be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person. Agreement on information to be in schedule (4) The parties to an agreement must agree on which information that is to be part of an agreement or a report is information that meets the requirements of paragraphs (3)(a) to (d). Manner in which schedules to be kept secret (5) A schedule to an agreement or to the report referred to in subsection (2) is confidential and shall not be filed with the court. Prohibition of disclosure (6) The Minister shall not disclose any information set out in a schedule to the agreement or to the report referred to in subsection (2), except under section 307 or under the Access to Information Act .
Canadian Environmental Protection Act, 1999 — C-15.31 301
Filing in Environmental Registry 301 A copy of every agreement and report referred to in subsection 300(2) and every agreement that has been varied under subsection 303(1), or a notice that the agreement or report has been filed in court and is available to the public, shall be included in the Environmental Registry.
Canadian Environmental Protection Act, 1999 — C-15.31 302
Stay and recommencement of proceedings 302 Despite section 579 of the Criminal Code , (a) the Attorney General shall, on filing the agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the expiry of the agreement; and (b) proceedings stayed in accordance with paragraph (a) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the expiry of the agreement, the proceedings are deemed never to have been commenced.
Canadian Environmental Protection Act, 1999 — C-15.31 303
Application to vary agreement 303 (1) Subject to subsection 300(5), the Attorney General may, on application by the person bound by an agreement and after consulting with the Minister, vary the agreement in one or both of the following ways that, in the opinion of the Attorney General, is rendered desirable by a material change in the circumstances since the agreement was entered into or last varied: (a) make any changes to the agreement or to its terms and conditions; or (b) decrease the period for which the agreement is to remain in force or relieve the person, either absolutely or partially or for any period that the Attorney General considers desirable, of compliance with any condition that is specified in the agreement. Filing of varied agreement (2) An agreement that has been varied under subsection (1) shall be filed with the court in which the original agreement was filed in accordance with section 300.
Canadian Environmental Protection Act, 1999 — C-15.31 304
Records of persons 304 Sections 305 to 307 apply only to persons who have entered into an agreement, regardless of the degree of their compliance with its terms and conditions.
Canadian Environmental Protection Act, 1999 — C-15.31 305
Records of police forces and investigative bodies 305 (1) A record that relates to an offence that is alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force or body responsible for, or participating in, the investigation of the offence. Disclosure by enforcement officer or peace officer (2) An enforcement officer or other peace officer may disclose to any person any information in a record kept under this section that it is necessary to disclose in the conduct of the investigation of an offence. Disclosure to insurance company (3) An enforcement officer or other peace officer may disclose to an insurance company any information in a record kept under this section that it is necessary to disclose for the purpose of investigating a claim arising out of an offence that is committed or alleged to have been committed by the person to whom the record relates.
Canadian Environmental Protection Act, 1999 — C-15.31 306
Government records 306 (1) The Minister, enforcement officers and analysts and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 308 may keep records and use information obtained as a result of the use of environmental protection alternative measures to deal with a person (a) for the purposes of an inspection under this Act or an investigation of an offence under this Act that is alleged to have been committed by the person; (b) in proceedings against the person under this Act; (c) for the purpose of the administration of environmental protection alternative measures programs; or (d) otherwise for the purposes of the administration or enforcement of this Act. Supervision records (2) Any person may keep the records and use the information obtained by the person as a result of supervising compliance with an agreement that are necessary for the purpose of supervising compliance with the agreement.