New Federal Environmental Enforcement Act

This week, the Canadian government introduced the Environmental Enforcement Act (Bill C-16), which would enhance the enforcement tools in nine federal environmental laws (including the Canadian Environmental Protection Act, 1999) and establish an administrative monetary penalties regime.

Under Bill C-16, minimum fines for large corporations ranging from $100,000 to $1,000,000 would be created for serious offences. The federal government's limitation period for initiating environmental charges would also be extended from two to five years. Bill C-16 would create a public registry of corporate offenders and require corporations to notify shareholders of the facts relating to the commission of an environmental offence and the details of the punishment imposed. As part of enforcement measures, a corporation could also be required to surrender federal environmental permits used in its operations (potentially impacting production) and await authorization to reapply.