Ottawa – Cracking down on polluters, poachers and wildlife smugglers through increased fines and new enforcement tools are the main elements of the Environmental Enforcement Bill introduced in the House of Commons today by Environment Minister Jim Prentice.

A key provision of the new bill is that it raises maximum fines and introduces minimum fines for the first time.  Under the proposed bill, fines for individuals who commit serious offences would be between $5,000 and $1 million, while fines for corporations would be between $25,000 and $6 million.  The bill also gives enforcement officers new powers to investigate cases and grants courts new sentencing authorities that ensure penalties reflect the seriousness of the pollution and wildlife offences.

“In the election campaign, our government committed to bolster the protection of our water, air and land through tougher environmental enforcement that holds polluters accountable.  Today we delivered,” said Minister Prentice. “This bill, together with funding commitments of $43 million from Budgets 2007 and 2008 to hire more enforcement officers and to implement the new measures, will provide a comprehensive, modern and effective enforcement regime for Canada.”

Through the Environmental Enforcement Bill, it is proposed that Parliament signal through new statutory provisions the level of fines appropriate for environmental offences and expand the authority to deal with environmental offenders by:

• specifying aggravating factors such as damage to a protected area or to a unique or vulnerable environment or species;
• providing fine ranges higher for corporate offenders than for individuals;
• doubling fine ranges for repeat offenders;
• authorizing the suspension and cancellation of offender licenses, permits or other authorizations upon conviction;
• requiring corporate offenders to report convictions to shareholders; and
•  mandating the reporting of corporate offences on a public registry.  

As well, the bill directs that fines imposed by the courts go to the Environmental Damages Fund which provides funding to local environmental improvement initiatives.   

The existing environmental laws to be improved by the omnibus Environment Enforcement Bill, some of which have not been updated in over two decades, are:

• The Canadian Environmental Protection Act, 1999
• The Canada Wildlife Act
• The Migratory Birds Convention Act, 1994
• The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
• The Antarctic Environmental Protection Act
• The International River Improvements Act
• The Canada National Parks Act
• The Canada National Marine Conservation Areas Act
• The Saguenay-St. Lawrence Marine Park Act

The new legislation builds on the Budget 2007 commitment of $22 million for the hiring of 106 new officers, bringing the number of on-the-ground enforcement officers across the country to more than 320, and the Budget 2008 allocation of $21 million over two years to implement the stricter environmental enforcement measures.

• Overview of the Environmental Enforcement Bill - Backgrounder
• Environmental Enforcement Bill New Penalties and Sentencing Provisions - Backgrounder