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ARTICLE · 21 APRIL 2016

Administrative Monetary Penalties: New Federal Environmental Enforcement Measures Underway In Canada

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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On April 9, 2016, the government of Canada published draft regulations providing details on the implementation of the Environmental Violations Administrative Monetary Penalties Act.

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On April 9, 2016, the government of Canada published draft regulations (the "Draft AMP Regulations")1 providing details on the implementation of the Environmental Violations Administrative Monetary Penalties Act2 ("EVAMPA"), together with a Policy Framework3, which outline the basic policy framework of the Administrative Monetary Penalties ("AMP") system at Environment and Climate Change Canada ("Environment Canada"). These draft regulations lead the way to the implementation of a federal AMP regime, more than five years after the enactment of the Environmental Enforcement Act4 in 2009. As many readers will be aware, the Environmental Enforcement Act introduced a number of significant changes to the federal environmental enforcement scheme, including an increase in maximum penalties, the establishment of minimum penalties, and the creation of an AMP regime5.

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