106.1 (1) Subject to the regulations, the Director may issue an order requiring a regulated person to pay a penalty if, (a)  the regulated person contravenes, (i)  subsection 30 (1), (ii)  a provision of the regulations that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment, (iii)  a provision of an order, notice, direction, requirement or report under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment, or (iv)  a provision of a licence, permit or approval under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment; or (b)  the regulated person contravenes a provision, other than a provision referred to in clause (a), of, (i)  this Act or the regulations, (ii)  an order, notice, direction, requirement or report under this Act, other than an order under section 84 or an order of a court, (iii)  a licence, permit or approval under this Act, or (iv)  an agreement under subsection (9).  2005, c. 12, s. 2 (28). Exceptions (2) Subsection (1) does not apply to, (a)  a contravention of subsection 30 (1), if, (i)  neither this Act nor the Environmental Protection Act requires the regulated person to notify the Ministry of the discharge to which the contravention relates, or (ii)  the discharge to which the contravention relates was authorized under this Act or the Environmental Protection Act; or (b)  a contravention of section 98.  2005, c. 12, s. 2 (28). Contents of order (3) The order shall be served on the person who is required to pay the penalty and shall, (a)  contain a description of the contravention to which the order relates, including, where appropriate, the date and location of the contravention; (b)  in the case of a contravention of subsection 30 (1), contain a description of how the contravention may impair the quality of the water of any waters; (c)  specify the amount of the penalty; (d)  give particulars respecting the time for paying the penalty and the manner of payment; and (e)  provide information to the person as to the person’s rights under section 100.  2005, c. 12, s. 2 (28); 2007, c. 10, Sched. D, s. 2 (16). Amount (4) The amount of the penalty shall be determined in accordance with the regulations.  2005, c. 12, s. 2 (28). Maximum penalty (5) The amount of the penalty shall not exceed $100,000 for each day or part of a day on which the contravention occurred or continued.  2005, c. 12, s. 2 (28). Absolute liability (6) A requirement that a person pay an environmental penalty applies even if, (a)  the person took all reasonable steps to prevent the contravention; or (b)  at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.  2005, c. 12, s. 2 (28). Same (7) For greater certainty, nothing in subsection (6) affects the prosecution of an offence.  2005, c. 12, s. 2 (28). Limitation (8) An order requiring payment of an environmental penalty shall be served not later than the first anniversary of the later of the following dates: 1.  The date the contravention occurred. 2.  The date on which the evidence of the contravention first came to the attention of the Director or a provincial officer.  2005, c. 12, s. 2 (28). Agreements (9) The Director and a person against whom an order may be or has been made under subsection (1) may enter into an agreement that, (a)  identifies the contravention in respect of which the order may be or has been made; (b)  requires the person against whom the order may be or has been made to take steps specified in the agreement within the time specified in the agreement; and (c)  provides that the obligation to pay the penalty may be cancelled in accordance with the regulations or the amount of the penalty may be reduced in accordance with the regulations.  2005, c. 12, s. 2 (28). Publication of agreements (10) The Ministry shall publish every agreement entered into under subsection (9) in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.  2005, c. 12, s. 2 (28). Penalty does not prevent prosecution (11) A person may be charged, prosecuted and convicted of an offence under this Act in respect of a contravention referred to in subsection (1) even if an environmental penalty has been imposed on or paid by the person or another person in respect of the contravention.  2005, c. 12, s. 2 (28). No admission (12) If a person pays a penalty imposed under subsection (1) in respect of a contravention or enters into an agreement under subsection (9) in respect of a contravention, the payment or entering into of the agreement is not, for the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention.  2005, c. 12, s. 2 (28). Failure to pay when required (13) If a person who is required to pay an environmental penalty fails to comply with the requirement, (a)  the order or decision that requires the payment may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court; (b)  the Director may by order suspend any licence, permit or approval that has been issued to the person under this Act until the environmental penalty is paid; and (c)  the Director may refuse to issue any licence, permit or approval to the person under this Act until the environmental penalty is paid.  2005, c. 12, s. 2 (28). Same (14) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed with the Superior Court of Justice under subsection (13) and, for that purpose, the date on which the order or decision is filed under subsection (13) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2005, c. 12, s. 2 (28). Regulations (15) The Lieutenant Governor in Council may make regulations, (a)  specifying the form and content of orders under subsection (1); (b)  specifying types of contraventions or circumstances in respect of which an order may not be issued under subsection (1); (c)  requiring and governing public consultation before an agreement is entered into under subsection (9) and, subject to that subsection and to any regulations made under subclause (d) (iv), governing the contents of agreements under that subsection; (d)  governing the determination of the amounts of environmental penalties, including, (i)  prescribing criteria to be considered in the exercise of any discretion, (ii)  providing that the total amount of the penalty for a contravention that occurs or continues for more than one day not exceed a maximum prescribed by the regulations, (iii)  providing for different amounts depending on when an environmental penalty is paid, (iv)  with respect to agreements under subsection (9), governing the cancellation of the obligation to pay an environmental penalty or the reduction of the amount of an environmental penalty; (e)  prescribing circumstances in which a person is not required to pay an environmental penalty; (f)  prescribing procedures related to environmental penalties; (g)  respecting any other matter necessary for the administration of a system of penalties provided for by this section.  2005, c. 12, s. 2 (28). General or particular (16) A regulation under subsection (15) may be general or particular in its application.  2005, c. 12, s. 2 (28). Regulations governing determination of amounts (17) The regulations made under clause (15) (d)
must, with respect to a contravention referred to in clause (1) (a), provide for the following matters: 1.  The person who is required to pay the penalty must be entitled, i.  to seek and obtain a reduction in the amount of the penalty if the person took steps prescribed by the regulations to prevent the contravention in respect of which the penalty is imposed, and ii.  to seek and obtain a reduction in the amount of the penalty if the person took steps prescribed by the regulations to mitigate the effects of the contravention in respect of which the penalty is imposed. 2.  The determination of the amount of the penalty must take into account factors prescribed by the regulations that relate to the seriousness of the contravention in respect of which the penalty is imposed. 3.  If the Director is of the opinion that, as a result of the contravention in respect of which the penalty is imposed, a monetary benefit prescribed by the regulations was acquired by the person who is required to pay the penalty, the amount of the benefit must be considered in determining the amount of the penalty.  2005, c. 12, s. 2 (28). Environmental management systems (18) The regulations made under clause (15) (d) must provide for a reduction in the amount of an environmental penalty if, at the time the contravention to which the penalty relates occurred, the person who is required to pay the penalty had in place an environmental management system specified by the regulations.  2005, c. 12, s. 2 (28). Annual report (19) The Minister shall, not later than March 31 in each year, publish a report that sets out the following information for each contravention in respect of which an order was made under this section during the previous year: 1.  The name of the person against whom the order was made. 2.  The amount of the penalty. 3.  A description of the contravention. 4.  An indication of whether an agreement was entered into under subsection (9) in respect of the order and, if an agreement was entered into, the effect of the agreement on the obligation to pay the penalty or on the amount of the penalty.  2005, c. 12, s. 2 (28). Five-year review (20) At least once every five years, the Minister shall cause a report to be prepared and published on the operation of this section, including the effect of this section on prosecutions under this Act and including recommendations on the contraventions to which and circumstances in which orders should be issued under subsection (1).  2005, c. 12, s. 2 (28). Application (21) This section does not apply to contraventions that occurred before this section came into force.  2005, c. 12, s. 2 (28). Note: On a day to be named by proclamation of the Lieutenant Governor, section 106.1 of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 38) Administrative penalties 106.1 (1) The purpose of an administrative penalty issued under this Act is, (a)  to ensure compliance with this Act; and (b)  to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non-compliance with this Act. 2019, c. 14, Sched. 8, s. 38. Order by Director, provincial officer (2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulations, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. 2019, c. 14, Sched. 8, s. 38. Prescribed contraventions (3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (a)  a provision of this Act or the regulations; (b)  a provision of an order, notice, direction, requirement or report under this Act; or (c)  a term or condition of licence, permit or approval under this Act. 2019, c. 14, Sched. 8, s. 38. Limitation (4) An order mentioned in subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director. 2019, c. 14, Sched. 8, s. 38. Orders, corporations (5) If the person who has contravened a provision or a term or condition referred to in subsection (3) is a corporation, the order shall not be issued to an employee, officer, director or agent of the corporation unless the circumstances prescribed by the regulations, if any, exist. 2019, c. 14, Sched. 8, s. 38. Amount of penalty (6) The amount of the administrative penalty shall be determined by the Director or the provincial officer, as the case may be, in accordance with the regulations. 2019, c. 14, Sched. 8, s. 38. Total penalty (7) Subject to subsection (8), the total amount of the administrative penalty shall not exceed $200,000 for each contravention. 2019, c. 14, Sched. 8, s. 38. Same, monetary benefit (8) The total amount of the administrative penalty referred to in subsection (7) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the contravention. 2019, c. 14, Sched. 8, s. 38. Contents of order (9) An order mentioned in subsection (2) shall be served on the person who is required to pay the administrative penalty and shall, (a)  contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (b)  specify the amount of the penalty; (c)  give particulars respecting the time for paying the penalty and the manner of payment; and (d)  provide information to the person as to the person’s right to require, (i)  a hearing under section 100, if the order is issued by the Director, or (ii)  a review under section 106.3, if the order is issued by a provincial officer. 2019, c. 14, Sched. 8, s. 38. Absolute liability (10) A requirement that a person pay an administrative penalty applies even if, (a)  the person took all reasonable steps to prevent the contravention; or (b)  at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. 2019, c. 14, Sched. 8, s. 38. Payment prevents conviction (11) A person who pays an administrative penalty in respect of a contravention prescribed by the regulations for the purposes of this subsection shall not be convicted of an offence under this Act in respect of the same contravention. 2019, c. 14, Sched. 8, s. 38. Contraventions where conviction not prevented (12) With respect to a contravention, other than a contravention to which subsection (11) applies, a person may be charged, prosecuted and convicted of an offence under this Act in respect of that contravention, regardless of whether the person has paid an administrative penalty in respect of and has remedied that contravention and, for greater certainty, nothing in subsection (10) affects the prosecution of the offence. 2019, c. 14, Sched. 8, s. 38. No admission (13) If a person pays an administrative penalty in respect of a contravention, the payment is not, for the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention. 2019, c. 14, Sched. 8, s. 38. Regulations (14) The Lieutenant Governor in Council may make regulations, (a)  specifying the form and content of orders under this section; (b)  prescribing circumstances in which a provincial officer is authorized or prohibited from issuing an order under subsection (2); (c)  governing the determination of the amounts of administrative penalties, for individuals and for corporations, including providing the maximum amount the Director or a provincial officer, as the case may be, may determine under subsection (6); (d)  prescribing circumstances in which a person is not required to pay an administrative penalty; (e)  prescribing procedures related to administrative penalties; (f)  governing the payment of interest and late payment penalties, including prescribing how the amounts of interest and late payment penalties are determined; (g)  respecting any matter necessary for the administration of the system of administrative penalties. 2019, c. 14, Sched. 8, s. 38. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 69 - See 2005, c. 12, s. 2 (28)
- 01/08/2007 2000, c. 22, s. 2 (3, 4)
- See 2005, c. 12, s. 2 (28)
- 01/08/2007; 2000, c. 26, Sched. F, s. 13 (12, 13) - 06/12/2000 2001, c. 9, Sched. G, s. 6 (46, 47) - See 2005, c. 12, s. 2 (28)
- 01/08/2007 2005, c. 12, s. 2 (28)
- 01/08/2007 2007, c. 10, Sched. D, s. 2 (16) - 01/08/2007 2019, c. 14, Sched. 8, s. 38 - not in force