Directors And Officers : You May Be Presumed Liable For Environmental Offences

Major amendments to the Environment Quality Act (the EQA) which came into force on November 4, 2011 significantly increase the amounts of the fines that may be imposed pursuant thereto. The maximum fine that may be imposed on a legal person is increased to $6 million ($1 million for a natural person). The minimum and maximum fines double for a second offence and triple for a subsequent offence. The maximum term of imprisonment is increased to 3 years (5 years less a day for a subsequent offence).

Directors and officers are treated severely in the amended EQA: fines that may be imposed on them are double those that would apply in the case of a natural person for the same offence. In addition, if the legal person (including, for such purposes, a partnership and an association without legal personality (term used in the EQA), in addition to a corporation) commits an offence under the EQA or its regulations, the directors and officers are presumed to have committed the