Administrative Penalties Regulation

On June 23, 2014, the Ministry of Environment introduced an administrative penalty program to encourage compliance with the Environmental Management Act (the "EMA") and the Integrated Pest Management Act (the "IPMA"). The Administrative Penalties Regulation (the "Regulation") was designed to bridge the gap between warnings and violation tickets for minor offences and criminal prosecutions for more serious offences.

Examples of violations that can attract an administrative penalty include unauthorized waste discharges, discharges in excess of the amount permitted under an authorization or regulation, and a failure to submit monitoring reports.

Before making a determination with respect to an administrative penalty, the Director must provide notice to the person alleged to have breached the EMA or the IPMA and provide that person with an opportunity to make representations. While the Director retains the discretion to schedule an oral hearing, in the vast majority