His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 5a of the Environmental Violations Administrative Monetary Penalties Actb, makes the annexed Environmental Violations Administrative Monetary Penalties Regulations.S.C. 2012, c. 19, s. 54S.C. 2009, c. 14, s. 126InterpretationDefinition of ActIn these Regulations, Act means the Environmental Violations Administrative Monetary Penalties Act, unless otherwise indicated.Designated ProvisionsProvisions of Environmental Acts and regulationsThe contravention of a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with the Act.Orders or directionsThe contravention of any order or direction made under a provision of an Environmental Act or of any of its regulations that is set out in column 1 of Schedule 2 is designated as a violation that may be proceeded with in accordance with the Act.Conditions of permit, licence or authorizationThe failure to comply with a condition of a permit, licence or other authorization issued under an Environmental Act or any of its regulations that is referred to in a provision set out in column 1 of Schedule 3 is designated as a violation that may be proceeded with in accordance with the Act.Other provisionsThe contravention of subsection 174(1) or paragraph 178(1)(a) of the Greenhouse Gas Pollution Pricing Act is designated as a violation that may be proceeded with in accordance with the Act.SOR/2019-266, s. 86Types of violationsThe contravention of a provision set out in column 1 of Schedule 1, of an order or direction made under a provision set out in column 1 of Schedule 2 or of a condition referred to in a provision set out in column 1 of Schedule 3 is classified as a Type A, B, C, D or E violation in accordance with column 2 of the respective schedule.SOR/2019-266, s. 87PenaltiesFormula — Type A, B or CThe amount of the penalty for each Type A, B or C violation is to be determined by the formulaW + X + Y + ZwhereWis the baseline penalty amount determined under section 5;Xis the history of non-compliance amount, if any, as determined under section 6;Yis the environmental harm amount, if any, as determined under section 7; andZis the economic gain amount, if any, as determined under section 8.Formula – types D or EThe amount of the penalty for each Type D or E violation is to be determined by the formulaW + X + YwhereWis the baseline penalty amount determined under section 5;Xis the history of non-compliance amount, if any, as determined under section 6; andYis the economic gain amount, if any, as determined under section 8.1.SOR/2019-266, s. 88Baseline penalty amountThe baseline penalty amount for a violation is the amount set out in column 3 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable schedule.SOR/2019-266, s. 88History of non-compliance amountIf the violator has a history of non-compliance, the history of non-compliance amount is the amount set out in column 4 of Schedule 4 or of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of the applicable Schedule.History of non-complianceA violator has a history of non-compliance if, in the five years precedingthe commission of a violation relating to any Division of Part 7 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Division, they were subject to an enforcement action in relation to that Division or any of those regulations;the commission of a violation relating to Part 9 of the Canadian Environmental Protection Act, 1999 or any regulation made under that Part, they were subject to an enforcement action in relation to that Part or any of those regulations;the commission of a violation relating to the Greenhouse Gas Pollution Pricing Act or a regulation made under that Act, they were subject to an enforcement action in relation to that Act or any of those regulations; orthe commission of a violation relating to any Environmental Act, other than the Canadian Environmental Protection Act, 1999 or the Greenhouse Gas Pollution Pricing Act, or a regulation made under one of those Acts, they were subject to an enforcement action in relation to that Act or any of that Act’s regulations.Meaning of enforcement actionFor the purpose of subsection (2), enforcement action means the imposition of a ticket, penalty, conviction or injunction or the use of environmental protection alternative measures.SOR/2019-266, s. 89Environmental harm amountIf the violation has resulted in harm to the environment, the environmental harm amount is the amount set out in column 5 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.Economic gain amountSubject to subsection (2), if the violation has resulted in economic gain to the violator, including an avoided financial cost, the economic gain amount is the amount set out in column 6 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.Only gain avoidance of cost of authorizationIf the only economic gain is the avoidance of the cost of obtaining a permit, licence or other authorization, the economic gain amount is the amount set out in column 7 of Schedule 4 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.Economic advantage amountIf the violation has resulted in economic gain to the violator, including an avoided financial cost, the applicable economic gain amount is the amount set out in column 5 of Schedule 5 that corresponds to the category of the violator and the type of violation committed as set out in columns 1 and 2, respectively, of that Schedule.SOR/2019-266, s. 90Specific caseSubject to subsection (2), the amount of the penalty for a violation referred to in subsection 2(4) is $0.25.Continued violationIf a violation referred to in subsection (1) is continued on more than one day, the penalty in respect of each of the separate violations that, because of section 12 of the Act, result from that continuation shall be$0.25 for one that is committed during the nine-day period beginning on the day after the day of the contravention;$0.50 for one that is committed during the 10-day period beginning on the tenth day following the day of the contravention; and$1.00 for one that is committed on or after the twenty-first day following the contravention.SOR/2019-266, s. 90ServiceManner of serviceA notice of violation referred to in section 10 of the Act is to be servedin the case of an individual,by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, orby sending a copy of it by registered mail, courier, fax or other electronic means to the recipient’s last known address or usual place of residence;in the case of a person other than an individual,by leaving a copy of it with their authorized representative or with an officer or other individual who appears to direct or control the person’s head office or place of business or that of their authorized representative,by sending a copy of it by registered mail, courier or fax to the person’s authorized representative or to the person’s head office or place of business or that of their authorized representative, orby sending a copy of it by electronic means to an individual referred to in subparagraph (i); andin the case of a ship or vessel,by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship or vessel,by affixing a copy of it to the ship or vessel in a manner than ensures that it is prominently in view,by leaving a copy of it with the authorized representative of the owner or operator of the ship or vessel or with an officer or other individual who appears to direct or control the owner, operator or authorized representative’s head office or place of business,by sending a copy of it by registered mail, courier or fax to the owner or operator of the ship or vessel, or to the authorized representative, head office or place of business of that owner or operator, orby sending a copy of it by electronic means to an individual referred to in subparagraph (i), (iii) or (iv).Proof of serviceService may be proven byan acknowledgement of service signed by or on behalf of the person or ship or vessel served, specifying the date and location of service;a certificate of service, in a form approved by the Minister and signed by the person who effected the service, stating that service was made on the person or ship or vessel named in the certificate and indicating the means by which and day on which service was effected; ora record of electronic transmission setting out the date and time of transmission.Date service effectiveIn the absence of an acknowledgement of service or a certificate of service, service is considered effective,in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; orin the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.Request for ReviewOn behalf of ship or vesselFor the purpose of section 15 of the Act, a review may be requested on behalf of a ship or vessel byits owner;its operator or master; oran authorized representative of its owner or operator.Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.(Subsection 2(1) and section 3)Violations — ProvisionsInternational River Improvements Act and its Regulations
DIVISION 1
International River Improvements ActColumn 1Column 2ItemProvisionViolation Type14B213(12)B314(2)A416(a)A516(b)A624(1)B731B
DIVISION 2
International River Improvements RegulationsColumn 1Column 2ItemProvisionViolation Type13(2)A
Wildlife Area RegulationsColumn 1Column 2ItemProvisionViolation Type13(1)(a)B23(1)(b)B33(1)(c)B43(1)(d)B53(1)(e)C63(1)(f)C73(1)(g)B83(1)(h)B93(1)(i)A103(1)(j)A113(1)(k)B123(1)(l)A133(1)(m)A143(1)(n)A153(1)(o)A163(1)(p)B173(1)(q)B183(1)(r)B193(1)(s)C203(1)(t)C213(1)(u)B223(2)B233.3(1)(a)A243.3(1)(b)A253.3(1)(c)A263.3(1)(d)A273.3(1)(e)A283.3(1)(f)A293.3(1)(g)A29.13.3(1)(g.1)A303.3(1)(h)A313.3(1)(i)A323.3(1)(j)A333.3(1)(k)A343.3(1)(l)A353.3(2)B363.8(4)B375(a)A385(b)A398.1(3)(a)A408.1(3)(b)A418.2A428.3(1)A438.3(2)A
DIVISION 3
Scott Islands Protected Marine Area RegulationsColumn 1Column 2ItemProvisionViolation Type12(1)(a)B22(1)(b)B32(1)(c)C42(1)(d)B52(1)(e)B62(1)(f)B
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and its Regulations
DIVISION 1
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade ActColumn 1Column 2ItemProvisionViolation Type16(1)B26(2)B36(3)B47(1)B57(2)B614.2(a)A714.2(b)A
DIVISION 2
Wild Animal and Plant Trade RegulationsColumn 1Column 2ItemProvisionViolation Type19(1)A29(2)A319A
Migratory Birds Convention Act, 1994 and its Regulations
Canadian Environmental Protection Act, 1999 and its Regulations
DIVISION 1
Canadian Environmental Protection Act, 1999Column 1Column 2ItemProvisionViolation Type1117B2123(1)B3123(2)B4124(1)B5124(1.1)B6124(2)B7124(3)B8125(1)B9125(2)B10125(2.1)B11125(3)B12125(3.1)B13125(4)B14125(5)B15126(1)B16126(1.1)B17126(2)B18126(3)B19130(4)A20139(1)B21142(1)B22142(2)B23144B24150(3)B25150(4)B26152B27153(1)(a)B28153(1)(b)A29153(1)(c)A30153(1)(d)A31153(1)(e)A32153(1)(f)A33153(1)(g)A34153(1)(h)A35154B36155(5)B37155(6)A38157(1)A39157(5)A40157(7)A41159(1)A42162(3) and (4)A43169(1)(a)A44169(1)(b)B45169(1)(c)B46169(3)A47171C48172(1)A49179(1)(a)A50179(1)(b)B51179(1)(c)B52179(3)A53181C54182(1)A55185(1)(b)B55.1185(1)(c)for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:14(1)(g) and (h)14(1)(i)(i) to (v)14(1)(j)(i) to (vi)14(1)(k) to (o)14(1)(s) and (t)14(1)(u)(i)14(1)(v)(i)26(1)(h) and (i)26(1)(j)(i) to (v)26(1)(k)(i) to (vi)26(1)(l) to (p)26(1)(t) and (u)26(1)(v)(i)26(1)(w)(i)38(c) to (h)48(d) to (i)59(c) to (f)59(h)70(c) to (f)70(h)Afor contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:14(1)(a) to (f)14(1)(p) to (r)14(1)(u)(ii) to (v)14(1)(v)(ii) to (v)26(1)(a) to (g)26(1)(q) to (s)26(1)(v)(ii) to (v)26(1)(w)(ii) to (v)38(a)38(b)(i) and (ii)48(a) to (c)59(a) and (b)59(g)70(a) and (b)70(g)B56186(2)B57188(2)A58189(1)for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:79(b) and (c)79(e) and (f)Afor contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:79(a)79(d)Bfor a contravention other than those referred to in paragraphs (a) and (b)B59212(1)(a)A60212(1)(b)B61212(1)(c)B62212(3)A63213(3)B
DIVISION 2
Fuels Information Regulations, No. 1Column 1Column 2ItemProvisionViolation Type14A25(1)A35(2)A
DIVISION 3
Concentration of Phosphorus in Certain Cleaning Products RegulationsColumn 1Column 2ItemProvisionViolation Type18A
Sulphur in Gasoline RegulationsColumn 1Column 2ItemProvisionViolation Type15(3)A26(1)A36(2)A47A58(a)A68(b)A78(c)A89(3)A912A1018A1119A1220A1324A1425(1)A1526A
DIVISION 6
Sulphur in Diesel Fuel RegulationsColumn 1Column 2ItemProvisionViolation Type15(1) and (2)A25(4)A35(5)A45(7)A55.1(1) and (2)A65.1(3)A76(1)A86(2)A9[Repealed, SOR/2022-71, s. 1]
[Repealed, SOR/2021-25, s. 91]
DIVISION 8
On-Road Vehicle and Engine Emission RegulationsColumn 1Column 2ItemProvisionViolation Type15(1)A227A329(1)C429.1(1)C530(2)C632(1)A732(2)A832(2.1)A932(3)A1032(4)A1132(5)A1232.6(1)C1332.6(2)A1432.7(1)A1532.7(2)A1632.7(3)A1732.7(4)A1832.7(5)A1933A2037(1)A2137(2)A2237.1A2338(1)(a)(i)A2438(1)(a)(ii)A2538(1)(b)A2638(1)(c)A2738(2)A2838(3)A2938.1A3039(1)A3139.1(1)A3240(1)A3342A3442.1A3545(2)A3645(3)A
DIVISION 9
Federal Halocarbon Regulations, 2022Column 1Column 2ItemProvisionViolation Type13(1)(a)C23(1)(b)C34C45(1)C55(2)C66(1)B77(1)B88B99B1010B1111(2)(a)A1211(2)(b)A1312(1)C1413C1514A1615(1)B1715(2)B1816(1)(a)B1916(1)(b)A2017A2118C2219C2322A2423(1)A2523(2)A2624(a)A2724(b)A2825A2926(1)A3026(2)A
DIVISION 10
Off-Road Small Spark-Ignition Engine Emission RegulationsColumn 1Column 2ItemProvisionViolation Type14(1)A215A315.1A417(2)A518A619A720A822A926(2)A1026(3) and (4)A1126.1A
DIVISION 11
Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission RegulationsColumn 1Column 2ItemProvisionViolation Type14(1)A227(3)A336(1)B436(2)B536(3)A637B738(1) and (2)B838(3)A939(1)B1039(2)A1143A1244(3)A1346(1)A1447(2)A1549(1) and (2)A1649(4)A1749(5)A1850(4)A
DIVISION 12
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material RegulationsColumn 1Column 2ItemProvisionViolation Type178(2)A
DIVISION 13
Storage Tank Systems for Petroleum Products and Allied Petroleum Products RegulationsColumn 1Column 2ItemProvisionViolation Type13(1)C23(2)C33(3)C43(4)C54(a)A64(b)A75B86B97B108B119(1)B129(2)A1310(1)B1411B1512B1613B1714(1)B1814(2)B1914(3)B2014(4)B2114(5)B2215(1)B2316A2417A2518A2619A2722A2823A2925A3026A3127A3228(1)A3328(2)A3428(4)A3528(5)A3628(6)A3728(7)A3829(a)A3929(b)(i)A4029(b)(ii)A4130A4231(1)A4331(2)A4433(1)A4533(2)A4634(1)A4734(2)A4835(1)A4935(2)A5036(1)A5136(2)B5237(1)A5337(2)B5438B5539A5640(1)B5740(2)A5843A5944(1)A6044(2)A6144(3)(a)A6244(3)(b)A6344(3)(c)B6444(4)A6544(5)A6645(1)A6745(2)A6846A
Greenhouse Gas Pollution Pricing Act and its Regulations
DIVISION 1
Greenhouse Gas Pollution Pricing ActItemColumn 1Column 2ProvisionViolation Type1171(1)D2173(a)E3173(b)E4176(1)D5176(2)(a)D6176(2)(b)D7177(2)D8181(2)E9181(3)E10186(1)D11187(1)D12187(3)D13187(4)D14187(5)D15187(6)D16197(4)E17199(2)E18[Repealed, SOR/2021-197, s. 113]19205(2)E
DIVISION 2
Output-Based Pricing System RegulationsItemColumn 1Column 2ProvisionViolation Type17.1E211E312E413E516(2)(a)E616(3)(a)E716(4)(a)E816(5)(a)E916(6)(a)E9.116(6.1)(a)E1016(7)(a)E10.116(7.1)(a)E1116(8)(a)E11.116(9)(a)E11.216(10)(a)E1217(4)E1318E13.120(5)E13.222.1D1425E14.131(2)D1535E1636(1)E16.136(2)E16.236(3)E16.336(4)E16.436(5)E1736.1E1836.2E19[Repealed, SOR/2021-197, s. 116]2037E20.139E2141E2241.1E2341.2E24[Repealed, SOR/2021-197, s. 118]24.142E24.244E2545(1)D2645(2)D26.145(3)D26.1145(4)D26.246D2747(1)D2847(2)D2947(3)D3048D3150(1)E3250(2)E32.150(3)E3351(1)D3451(2)D3555(1)D3655(2)D3755(3)D3856E3958D4061D4162(1)D4262(2)D4363(1)(a)D4463(1)(b)D4563(2)D4666(2)(a)E4766(2)(b)E4866(2)(c)E4967D5068D51[Repealed, SOR/2021-197, s. 121]5270E5371E
DIVISION 3
Canadian Greenhouse Gas Offset Credit System RegulationsColumn 1Column 2ItemProvisionViolation Type19(6)D213(1)D317D418D520D625E726(1)E827D932D1035(1)E1135(2)(b)E1235(4)D1335(5)D1437E1539(1)D1639(3)E1740(2)(b)E1840(3)D1940(4)D2041D2142D2243(1)E2343(2)D2443(3)D2544D2645D
SOR/2019-266, s. 91SOR/2020-256, s. 55SOR/2021-25, s. 89SOR/2021-25, s. 90SOR/2021-25, s. 91SOR/2021-25, s. 92SOR/2021-197, s. 112SOR/2021-197, s. 113SOR/2021-197, s. 114SOR/2021-197, s. 115SOR/2021-197, s. 116SOR/2021-197, s. 117SOR/2021-197, s. 118SOR/2021-197, s. 119SOR/2021-197, s. 120SOR/2021-197, s. 121SOR/2022-71, s. 1SOR/2022-71, s. 2SOR/2022-71, s. 3SOR/2022-90, s. 3SOR/2022-105, s. 89SOR/2022-110, s. 28SOR/2022-111, s. 49SOR/2022-135, s. 6SOR/2022-140, s. 174SOR/2023-240, s. 55SOR/2023-240, s. 56SOR/2023-240, s. 57SOR/2023-240, s. 58SOR/2023-240, s. 59(Subsection 2(2) and section 3)Violations — Orders or Directions
(Subsection 2(3) and section 3)Violations — Conditions of Permit, Licence or Authorization
PART 1
Canadian Environmental Protection Act, 1999Column 1Column 2ItemProvisionViolation Type1129(1)(a)B2129(1)(b)B3129(1)(c)B4129(1)(d)B5129(1)(e)B6129(1)(f)B7129(1)(g)B8129(1) — conditions other than those described in paragraphs (a) to (g)A
SOR/2022-105, s. 90(Section 5, subsection 6(1) and sections 7 and 8)
Penalty AmountsColumn 1Column 2Column 3Column 4Column 5Column 6Column 7ItemViolatorViolation TypeBaseline Penalty Amount ($)History of Non-compliance Amount ($)Environmental Harm Amount ($)Economic Gain Amount ($)Economic Gain Amount — Authorizations Only ($)1IndividualA20060030020050B4001,200600400100C1,0003,00001,0002502Other person or ship or vesselA1,0003,0001,5001,000250B2,0006,0003,0002,000500C5,00015,00005,0001,250
SOR/2019-266, s. 92RELATED PROVISIONS
— SOR/2023-240, s. 60(3)Section 1, subsections 2(1), (4), (7) and (9), section 11, subsection 12(2), section 13, subsections 14(2) and (3), sections 15 to 18, subsections 19(1), (2), (4) and (5), sections 20 to 22, subsections 23(2) and (3), 24(2), 28(1) and 29(2), sections 41 to 44, subsections 45(2) and (3), and sections 47 to 50, 53,55 and 56 come into force on January 1, 2024 and apply with respect to the 2024 compliance period and subsequent compliance periods.AMENDMENTS NOT IN FORCE
— SOR/2022-140, s. 173Division 14 of Part 5 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations2 is repealed.SOR/2017-109SOR/2023-2402024-01-01SOR/2023-2402023-11-09SOR/2022-1052022-07-30SOR/2022-1402022-06-21SOR/2022-1352022-06-10SOR/2022-1102022-05-20SOR/2022-1112022-05-20SOR/2022-902022-05-02SOR/2022-712022-03-28SOR/2021-1972022-01-01