Bill C-16 (Historical)

Environmental Enforcement Act

An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment

This enactment amends certain enforcement, offence, penalty and sentencing provisions of the following Acts:
(a) the Antarctic Environmental Protection Act;
(b) the Canada National Marine Conservation Areas Act;
(c) the Canada National Parks Act;
(d) the Canada Wildlife Act;
(e) the Canadian Environmental Protection Act, 1999;
(f) the International River Improvements Act;
(g) the Migratory Birds Convention Act, 1994;
(h) the Saguenay-St. Lawrence Marine Park Act; and
(i) the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
It adds enforcement officer immunity to the Acts that did not expressly provide any. It also adds the power to designate analysts for the purposes of the Canada Wildlife Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. It also adds inspection and search and seizure powers to the International River Improvements Act.
It amends the penalty provisions of the Acts by establishing distinct ranges of fines for different offences, by creating minimum fines for the most serious offences, by increasing maximum fines, by specifying ranges of fines for individuals, other persons, small revenue corporations and ships of different sizes and by doubling the fine amounts for second and subsequent offenders.
It amends the Acts to make the liability and duty provisions of directors, officers, agents and mandataries of corporations, and those of ship masters, chief engineers, owners and operators, consistent between the Acts.
The enactment amends the sentencing provisions of the Acts by adding a purpose clause, by specifying aggravating factors that, if associated with an offence, must contribute to higher fines, by requiring courts to add profits gained or benefits realized from the commission of an offence to fine amounts, by requiring courts to order corporate offenders to disclose details of convictions to their shareholders and by expanding the power of the courts to make additional orders having regard to the nature of the offence and the circumstances surrounding its commission.
The enactment adds to each of the Acts a requirement that details of convictions of corporations be made available to the public and that all fines collected be credited to the Environmental Damages Fund and be available for environmental projects or the administration of that Fund.
This enactment also creates the Environmental Violations Administrative Monetary Penalties Act which establishes an administrative monetary penalty scheme applicable to the Acts listed above as well as to the Canada Water Act.

Environmental Enforcement Act

[The Deputy Speaker, Conservative, Andrew Scheer]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Andrew Scheer]

In my opinion, the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

Accordingly the vote is deferred until later this day.

Suspension of Sitting

[The Deputy Speaker, Conservative, Andrew Scheer]

Is it agreed that we suspend the sitting until 5:30 p.m.?

[Some hon. members]

Agreed.

[The Deputy Speaker, Conservative, Andrew Scheer]

(The sitting of the House was suspended at 5:24 p.m.)

(The House resumed at 5:30 p.m.)

The House resumed consideration of the motion that Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992, be read the third time and passed.

The House resumed consideration of the motion that Bill C-16, An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment, be read the second time and referred to a committee.

Environmental Enforcement Act

[The Deputy Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-16. The question is on the motion.

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Mr. Speaker, I believe that if you were to seek it, you would find that this motion has unanimous support.

[The Deputy Speaker, Conservative, Andrew Scheer]

Is there unanimous support for this motion?

[Some hon. members]

Agreed.

[The Deputy Speaker, Conservative, Andrew Scheer]

Accordingly the bill stands referred to the Standing Committee on Environment and Sustainable Development.

(Motion agreed to, bill read the second time and referred to a committee)

[The Deputy Speaker, Conservative, Andrew Scheer]

It being 6:01 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.