GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Greenhouse Gas Pollution Pricing Act — G-11.55 220
Variation or cancellation of order 220 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may (a) amend or suspend a condition of the order, or add condition to, or delete a condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order up to the maximum duration set out in subsection 215 (3). Notice of intent (2) The enforcement officer must, before exercising a power under paragraph (1)(a) or (d), (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person to whom the order is directed; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) A notice of intent to exercise a power under paragraph (1)(a) or (d) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power will be exercised; (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and (d) a statement that the person to whom the order is directed may make oral representations to the enforcement officer within the period stated in the notice. 2018, c. 12, s. 186 “220” 2026, c. 3, s. 545
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Regulations 221 The Minister may make regulations respecting reporting under subparagraph 215 (1)(c)(ii) and respecting representations made to enforcement officers under subsection 216 (1) or 220 (2).
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Request for review 222 (1) Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after receipt by the person of the written order or a copy of it, make a request to the Environmental Protection Tribunal of Canada for a review of the order. Extension of period for request (2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so. 2018, c. 12, s. 186 “222” 2026, c. 3, s. 546 2026, c. 3, s. 548
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Review of order 223 Sections 257 to 264 and 266 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review of any order.
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Immunity 224 No action or other proceeding of a civil nature may be brought against a member of the Environmental Protection Tribunal of Canada in respect of anything that is done or omitted to be done in good faith in the exercise of their powers or the performance of their duties and functions under section 223. 2018, c. 12, s. 186 “224” 2026, c. 3, s. 547
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Voluntary reports 225 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Part, but is not required to report the matter under this Part, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Part. Request for confidentiality (2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed. Requirement for confidentiality (3) A person must not disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person authorizes the disclosure in writing. Employee protection (4) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has (a) made a report under subsection (1); (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Part; or (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Part.
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Application for investigation by Minister 226 (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Part that the individual alleges has occurred. Statement to accompany application (2) The application must include a solemn affirmation or declaration (a) stating the name and address of the applicant; (b) stating that the applicant is at least 18 years old and a resident of Canada; (c) stating the nature of the alleged offence and the name of each person alleged to be involved; and (d) containing a concise statement of the evidence supporting the allegations of the applicant. Form (3) The Minister may, by regulation, prescribe the form in which an application under this section is required to be made.
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Investigation by Minister 227 The Minister must acknowledge receipt of the application within 20 days after the receipt and must investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.
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Progress reports 228 Starting on the day on which the Minister acknowledges receipt of the application, he or she must report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister must include in the report an estimate of the time required to complete the investigation or to implement the action. A report is not however required if the investigation is discontinued before the end of the 90 days.
Greenhouse Gas Pollution Pricing Act — G-11.55 229
Sending evidence to Attorney General of Canada 229 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Part and for any action that the Attorney General may wish to take.
Greenhouse Gas Pollution Pricing Act — G-11.55 230
Discontinuation of investigation 230 (1) The Minister may discontinue an investigation if he or she is of the opinion that (a) the alleged offence does not require further investigation; or (b) the investigation does not substantiate the alleged offence. Report (2) If an investigation is discontinued, the Minister must prepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation and he or she must send a copy of the report to the applicant and to any person whose conduct was investigated. A copy of the report that is sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.
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Injunctions 231 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Part, the court may issue an injunction ordering any person named in the application (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Part; or (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Part. Notice (2) At least 48 hours before the injunction is issued, notice of the application must be served on persons named in the application, unless the urgency of the situation is such that the delay involved in serving the notice would not be in the public interest.
Greenhouse Gas Pollution Pricing Act — G-11.55 232
Offences 232 (1) Every person commits an offence who (a) contravenes section 208 or subsection 217 (1) or 225 (4); (b) knowingly contravenes section 209 ; (c) contravenes any provision of a regulation that is designated by regulations made under section 246 ; (d) contravenes an order of a court made under this Part; (e) knowingly, with respect to any matter related to this Part, provides any person with any false or misleading information or samples; (f) knowingly, with respect to any matter related to this Part, files a document that contains false or misleading information; or (g) knowingly, destroys, alters, mutilates, conceals or otherwise disposes of any records that are kept and retained under this Part. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than three years, or to both; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both. Penalty — other persons (3) Every person, other than an individual or an organization referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — small revenue organizations (4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Greenhouse Gas Pollution Pricing Act — G-11.55 233
Offences 233 (1) Every person commits an offence who (a) contravenes any provision of this Part, other than a provision the contravention of which is an offence under paragraph 232 (1)(a); (b) contravenes any provision of a regulation made under this Part, other than a provision the contravention of which is an offence under paragraph 232 (1)(c); (c) with respect to any matter related to this Part, provides any person with any false or misleading information or samples; or (d) with respect to any matter related to this Part, files a document that contains false or misleading information. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Penalty — other persons (3) Every person, other than an individual or a organization referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue organizations (4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. Order — provision of compensation (5) If a person is found guilty of contravening subsection 174 (1) or paragraph 178 (1)(a), the court must, in addition to any penalty that may be imposed under this section, order the offender to provide compensation, at the rates set out in subsection 174 (4), for the excess emissions for which no compensation was provided and for which no compliance units were withdrawn.
Greenhouse Gas Pollution Pricing Act — G-11.55 234
Determination of small revenue organization status 234 For the purposes of sections 232 and 233 , a court may determine an organization to be a small revenue organization if the court is satisfied that the organization’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.
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Relief from minimum fine 235 The court may impose a fine that is less than the minimum amount provided for in subsection 232 (2), (3) or (4) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.
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Deeming — second and subsequent offence 236 (1) For the purposes of subsections 232 (2) to (4) and 233 (2) to (4), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to the control or pricing of greenhouse gas emissions — of a substantially similar offence. Application (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province.
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Additional fine 237 If a person is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court must order the offender to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Part.
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Notice to shareholders 238 If a corporation that has shareholders is convicted of an offence under this Part, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.
Greenhouse Gas Pollution Pricing Act — G-11.55 239
Limitation period 239 No proceedings by way of summary conviction in respect of an offence under this Part may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
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Offence for each tonne 240 If the offence of contravening subsection 174 (1) or paragraph 178 (1)(a) is committed, the person that committed the offence is liable to be convicted for a separate offence for each CO 2 e tonne of a greenhouse gas that is emitted over the applicable emissions limit for which no compensation is provided by the increased-rate compensation deadline.
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Regulations 241 The Governor in Council may, by regulation, prescribe the manner in which the proceeds or any part of the proceeds resulting from the payment of a fine or the execution of an order in relation to an offence under this Part must be distributed in order to reimburse any person, government or body that has commenced the proceedings in respect of the offence for costs incurred by that person, government or body in respect of the prosecution of the offence.
Greenhouse Gas Pollution Pricing Act — G-11.55 242
Liability of senior officers 242 (1) If an organization commits an offence under this Part, a senior officer of the organization who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Part for an individual in respect of the offence committed by the organization, whether or not the organization has been prosecuted. Definition of senior officer (2) In this section, senior officer means a director, partner, employee, member, agent, mandatary or contractor who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of its activities and, in the case of a corporation, includes its chief executive officer and its chief financial officer.
Greenhouse Gas Pollution Pricing Act — G-11.55 243
Proof of offence 243 In any prosecution of an offence under this Part, other than an offence of contravening section 208 or subsection 225 (4) or an offence under any of paragraphs 232 (1)(b) and (e) to (g), it is sufficient proof of the offence to establish that it was committed by a director, partner, employee, member, agent, mandatary or contractor of the accused organization, whether or not they are identified or prosecuted for the offence.
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Defence 244 A person must not be found guilty of an offence under this Part, other than an offence of contravening section 208 or subsection 225 (4) or an offence under any of paragraphs 232 (1)(b) and (e) to (g), if the person establishes that they exercised all due diligence to prevent its commission.
Greenhouse Gas Pollution Pricing Act — G-11.55 245
Certificate of analyst 245 (1) Subject to subsections (2) and (3), a certificate of an analyst that states the result of an analysis or examination and includes any related statement is admissible in evidence in any prosecution for an offence under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) A certificate of an analyst must not be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
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Regulations 246 The Governor in Council may, by regulation, designate provisions of regulations made under this Part for the purposes of paragraph 232 (1)(c).
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Fundamental purpose 247 The fundamental purpose of sentencing for offences under this Part is to contribute — in light of the risks posed by climate change to the environment, including its biological diversity, to human health and safety and to economic prosperity — to respect for laws related to the pricing of greenhouse gas emissions through the imposition of just sanctions that have as their objectives (a) the deterrence of the offender and any other person from committing offences under this Part; (b) the denunciation of the unlawful conduct; and (c) the reinforcement of the “polluter pays” principle.
Greenhouse Gas Pollution Pricing Act — G-11.55 248
Principles 248 (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 must consider the following principles when sentencing a person that is convicted of an offence under this Part: (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 offender committed the offence intentionally or recklessly; (b) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (c) 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; (d) the offender committed the offence despite having been warned by an enforcement officer of the circumstances that subsequently became the subject of the offence; (e) the offender has a history of non-compliance with federal or provincial legislation that relates to the control or pricing of greenhouse gas emissions; and (f) 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. Reasons (4) 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 must give reasons for that decision.