Federal Administrative Monetary Penalty Scheme Arrives

On April 9, 2016, almost six years after passing legislation to allow for "administrative monetary penalty orders" ("AMP orders") as environmental enforcement tools, the federal government has released draft regulations for comment. The commenting period is open for 60 days.

AMPs, as we have described before, are "a halfway house between tickets (such as traffic tickets) and full-scale prosecution." In a prosecution, the Crown must prove beyond a reasonable doubt that the "act" of an offence occurred. The defendant can be acquitted if the defense proves, on a balance of probabilities, that the defendant was duly diligent, i.e. did all it reasonably could do to avoid committing the offence. AMPs require only proof on a "balance of probabilities" that an offence occurred, and no defense is possible. The fine is due and payable, subject only to rights of review granted under the scheme. Unlike prosecutions, jail time is not possible for AMPs.