PART XVII MISCELLANEOUS
Sentencing considerations
188.1 (1) Subject to subsection (3), in determining a penalty under section 187, the court shall consider each of the following circumstances to be aggravating factors: 1. The offence caused an adverse effect. 2. The defendant committed the offence intentionally or recklessly. 3. In committing the offence, the defendant was motivated by a desire to increase revenue or decrease costs. 4. The defendant committed the offence despite having been warned by the Ministry of circumstances that subsequently became the subject of the offence. 5. After the commission of the offence, the defendant, i. attempted to conceal the commission of the offence from the Ministry or other public authorities, ii. failed to co-operate with the Ministry or other public authorities, iii. failed to take prompt action to mitigate the effects of the offence, including action to compensate persons for loss or damage that resulted from the commission of the offence, or iv. failed to take prompt action to reduce the risk of similar offences being committed in the future. 6. The defendant previously contravened legislation of Ontario or another jurisdiction that is intended to prevent or minimize harm to the natural environment. 7. Any other circumstance that is prescribed by the regulations as an aggravating factor.  2005, c. 12, s. 1 (59). Severity of penalty (2) Subject to subsection (3), the severity of a penalty under section 187 shall reflect the number of aggravating factors that apply under subsection (1) and the seriousness of the particular circumstances of each of those aggravating factors.  2005, c. 12, s. 1 (59). Reasons (3) If the court decides that an aggravating factor that applies under subsection (1) does not warrant a more severe penalty, the court shall give reasons for that decision.  2005, c. 12, s. 1 (59). Compliance with order not a mitigating factor (4) Subject to subsection (5), in determining a penalty under section 187, the court shall not consider compliance with an order issued under this Act in response to the offence to be a mitigating factor.  2005, c. 12, s. 1 (59). Reasons (5) If the court decides that compliance with an order issued under this Act in response to the offence warrants a less severe penalty, the court shall give reasons for that decision.  2005, c. 12, s. 1 (59). Environmental penalty (6) If an order is made requiring a person to pay an environmental penalty in respect of a contravention and the person is also convicted of an offence in respect of the same contravention, the court, in determining a penalty under section 187, shall consider the order to pay the environmental penalty to be a mitigating factor and, if subsection 187 (4) or (5) applies, may impose a fine of less than the minimum fine provided for in that subsection.  2005, c. 12, s. 1 (59). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 188.1 (6) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 21) Administrative penalties (6) If an order is made requiring a person to pay an administrative penalty in respect of a contravention and the person is also convicted of an offence in respect of the same contravention, the court, in determining a penalty under section 187, shall consider the order to pay the penalty to be a mitigating factor and, if subsection 187 (4) or (5) applies, may impose a fine of less than the minimum fine provided for in the applicable subsection. 2019, c. 14, Sched. 8, s. 21. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (59)
- 13/06/2005 2019, c. 9, Sched. 7, s. 10 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 21 - not in force