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 bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Jim Prentice  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:50 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member dealt at length with an area that I am certainly interested in, and that is the whole issue of research jobs and the whole area of research where we are losing ground to the United States, particularly with the Obama administration promoting research.

The question I have for her is this. Why does she think the government is sitting idly by and allowing our research jobs to be taken from this country and taken to the United States, and where are we going to be after three or four years with a policy like that?

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:55 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I am afraid I cannot comment on the government's position.

What I am concerned about, however, is that perhaps there is a lack of understanding regarding science. I think there has been investment in infrastructure, but the reality with scientists is that we need to fund people and we need to fund research.

We are already starting to see that scientists are moving south. The U.S. invested $10 billion in health, $2 billion to neuroscience. We recently lost an AIDS researcher and 25 of his team.

During my speech I mentioned that we have a climate scientist who is going to be able to fund his infrastructure but not his science. There is the threat that we will lose 24 climate change networks. When this is the most pressing environmental issue facing the planet, we cannot afford to lose one network.

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May 12th, 2009 / 4:55 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I have the opportunity today to speak on 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.

I would say that this bill is something like an apple pie. No one can be against apple pie: the only thing is, apple pie does not solve all our problems. I say this because we are talking about standardizing the framework for monitoring environmental legislation and imposing harsher fines on polluters. This is all very good, and I think everyone will be in favour of it.

That being said, it is clearly not enough because, even though the potential fines provided for in the bill would be staggering, if there is no one to enforce the law, if there are not enough resources in Environment Canada and not enough commitment from the government to implement these laws, then quite simply no one will be fined, and so the deterrent effect that is sought will simply not be there.

On this subject, I would direct your attention to the report by Hélène Buzzetti in Le Devoir of March 5, 2009, that officials in the environment department had admitted that since 2000 there have been an average of 3 to 14 charges relating to enforcement of environmental legislation by the federal government, one to five convictions per year, and the maximum fine of $1 million has been imposed only once in 20 years. We think this is inadequate, even though the principle of the bill is most praiseworthy.

This bill entirely avoids the most glaring and most urgent environmental problem on the planet, namely, global warming and the increased concentration of greenhouse gases in our atmosphere.

I would like to offer a little scientific reminder of what is happening to illustrate the difference between greenhouse gases and pollution. I remember hearing at the beginning of this government’s mandate, when we were studying the budget in the Standing Committee on Finance, that pollution would be tackled in order to reduce greenhouse gases. It must be clear that these are two different things. Once again, here we have a bill that aims to raise environmental standards and make them uniform—here this refers to pollution—but does not specifically target the greenhouse gas issue.

What is the difference? Pollutants are substances that are harmful to the environment, to human beings—in many cases—or to ecosystems. This includes oil spills, emissions of toxic products of all kinds and land development that is detrimental to an ecosystem's functioning. Wetlands are a good example; they are environments with very high biodiversity but where the ecological balance is also very fragile. There is a need for intervention on this issue.

Now, one might think that this bill is going in this direction. That is not entirely false, but at the same time—I repeat—this is only a way to paint things green. There must also be a real will to apply and enforce the law. However, all of this does not relate to the issue of the increase in greenhouse gas emissions.

When I heard the Conservatives confuse greenhouse gases with pollutants, I was a bit surprised because carbon dioxide, CO2, is not a pollutant. It occurs naturally in the environment and has no effect on the human body, provided it does not displace oxygen. Nothing changes. CO2 enters the lungs and comes out just the same.

The problem with greenhouse gases, as their name indicates, is that they reflect the sun’s rays back into the atmosphere, where the warmth is captured, like in a greenhouse. We are not talking about a pollutant here but an inert gas. There are other gases, too, but the main one is CO2, which is not affected by the legislation on toxic substances, spills, or any other legislation. It is not regulated because it is not a pollutant as such.

The Bloc Québécois has been asking for years for a plan to reduce greenhouse gas emissions because, even if they are not really toxic, they can have a dramatic impact on our planet, on humanity, and on the citizens of Quebec and Canada. We need to take action and take it quickly. This is the greatest environmental issue of the day, and there is nothing in the bill before us to tackle it.

Canada is divided on this. Both the Liberals and Conservatives want Canada to be an oil-producer, an energy superpower when it comes to non-renewable fossil fuels. This primarily benefits the western provinces and some maritime provinces. In Quebec, there is a strong consensus instead that we should proceed with the Kyoto protocol and base our economy on non-renewable, non-polluting resources that do not emit greenhouse gases. We could speculate for a long time on how attached Quebeckers are to the environment versus people in the other provinces, but I think their contrasting positions are based more on some very concrete realities.

The Prime Minister obviously does not believe in the Kyoto protocol or even really in global warming. His counterpart, the Liberal opposition leader, argues in favour of the tar sands and is a firm believer in them. Why? Because it is in Canada’s economic interest, at least in the short term, in my opinion. If everyone in Quebec thinks we should follow the Kyoto protocol instead and abandon the other path, it is because this is in Quebec’s economic interest. Why? There is one very simple reason: Quebec produces no oil and very few hydrocarbons. Quebec is made poorer by oil and our dependence on it.

Some federalist parties have the temerity to come to Quebec and say that Alberta’s tar sands are making us richer. I fail to see how Quebec can be enriched by purchasing oil from outside its boundaries. I would make the following comparison. When someone goes to the gas station to fill up, he is made poorer not richer. Every time a barrel of oil enters Quebec, money flows in the other direction out of Quebec. It is in Quebeckers' economic interest to reduce our dependence on oil.

This is not just an economic issue. For a long time, the main political parties in Quebec, both the Parti Québécois and the Liberal Party which forms the present government—I want to be clear that I am referring to the Liberal Party of Quebec, for the Liberal Party of Canada wants to promote and develop the tar sands—have formed a strong consensus on complying with the Kyoto protocol. Basically, this means we have to set an absolute greenhouse gas reduction target relative to 1990 levels.

There is a mechanism whereby a corporation, province, state or territory that exceeds its objective, performs better than its assigned target, can sell emissions credits to an institution, organization, state, province or territory that has not met its targets. This trading principle derives from two things. First, this is a global problem. Reducing a tonne of GHG in Chapais or Djibouti changes nothing, since the objective is one less tonne of GHG on our planet. Global reduction is the objective. On the other hand, reductions may be less expensive in some places than in others, and so this mechanism is put in place.

When the Kyoto protocol was devised, 1990 was set as the base year. The Conservatives and Liberals want to change the base year, to move it ahead to 2003 or 2006. Why? This may seem very technical to those watching us. This is often the misfortune of the political issues we have to debate, for often they are not very sexy or entertaining. What can it change if the year on which our calculations are based is 2003 or 2006 rather than 1990? It changes everything. It is no longer the same concept at all.

Since 1990 industry in Quebec, particularly the manufacturing industry, has made substantial efforts to reduce its greenhouse gas emissions. Meanwhile in the rest of Canada the emissions rate has simply exploded, reaching levels never seen in any other western country. That increase occurred under the Liberals, who did nothing to reduce greenhouse gases, and it has continued under the Conservatives. Unfortunately, we must acknowledge that it will probably continue, whether the Conservatives remain or are replaced by the Liberals. There is a consensus in Canada on developing the oil industry. The two parties have even supported a budget in which the main so-called environmental measures consist in helping out the oil companies, which you will agree are in great need of help. You will of course have noted the sarcasm in my words.

By setting the base year at 2003 or 2006, as the government would do, we wipe out all of the efforts that have been made by Quebec industry. At the same time, we wipe out all the economic potential and any possibility for these companies such as Alcan, which are asking the federal government to set up a system based on the Kyoto protocol with 1990 as the base year, to sell greenhouse gas emissions credits and to be somehow compensated for the efforts they have made to reduce their emissions.

Conversely, by moving from 1990 to 2006, we also wipe out the entire explosion of greenhouse gas emissions caused by the industrial sectors that made no effort, and in fact even increased their pollution levels.

The oil sands sector is the perfect example. Since the first efforts in any process of industrial rationalization are always the easiest, instead of it being polluter-pay, it is polluter-paid. Those who have made the least effort since 1990 will be economically rewarded now while those who have done their part, most of them in Quebec, the only province that has made absolute reductions in greenhouse gases, will be punished.

The government also wants to move from an absolute greenhouse gas reduction to a relative one in terms of intensity. What does this mean and what difference does it make? Are these not just highly technical terms that are the stock in trade of environmental specialists, and lack much effect? Absolutely not, they are not trifling in any way. On the contrary, they are very important.

The absolute targets set out in the Kyoto protocol say that there is a limit to what this planet can withstand, and that there is no connection between that limit and the economy. The planet cannot withstand more greenhouse gas emissions because the economy is in better shape. There is no connection between the two. Mankind has to reduce emissions, we must go from x tonnes to y tonnes, and we must not exceed that. Period. On the other hand, the government's approach, with Liberal backing, is intensity targets. They say we must not product more than x tonnes of greenhouse gas emissions per production unit. This means that a province, a company, or some other entity, with twice as much oil sands development, for instance, would be authorized to pollute twice as much.

Once again, a greater effort is being demanded of the manufacturing sector, when it has been experiencing economic difficulties and has the same or even lower production volume, than of industrial sectors that are in full development.

Clearly, there is a conflict between two visions that are not guided, at least not solely, by environmental issues. They are closely tied to economic interests, which is also the case for many of the decisions made by every other company in the world. The problem that Quebeckers are dealing with is that they are and always will be in the minority in this Parliament. The Conservative Party, with the support of the Liberal Party and the NDP, have ensured that a shrinking proportion of members of Parliament will be here representing Quebec. Fortunately, the Bloc Québécois members, who make up two-thirds of the members from Quebec, are still here to take a stand for Quebeckers. Unfortunately, Quebeckers are getting less and less representation in the other parties, and their voices are being drowned out in caucuses that care only about the Canadian majority's interests. Not because they are mean-spirited or because they dislike Quebeckers, but because the national parties are bound to defend the interests of the majority of citizens.

There is no way for Quebeckers to escape this situation other than by taking control of their own fate and becoming the majority in their own country. Once we become a sovereign country, we will develop our own environment and green energy policy, one that considers our future and the planet we will be leaving to our children, an environment and energy policy that is in line with our economic and development interests.

The Bloc Québécois is also working hard to help Quebeckers understand that it is impossible to advance Quebec's interests on a regular basis in the federal Parliament. The only solution available to Quebeckers in the medium term is to become a sovereign country and to make our own decisions according to our own values and our own interests.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:15 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I thank my Bloc Québécois colleague for his passionate speech on the environment. We know that the Conservatives, with their minority government, are not very focused on the environment.

What does my Bloc Québécois colleague think would happen if the Conservatives were to have a majority government in Canada?

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May 12th, 2009 / 5:15 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, that thought is frightening, as was the reality of a majority Liberal government in power for so many years, when greenhouse gas emissions exploded.

That worries me a great deal but what is even more worrisome is the fact that, no matter who forms the government, Canada's energy policy will be founded on the interests of the majority. The Leader of the Opposition clearly stated that he supports the oil sands industry, that the industry must be developed, that we would be crazy to pass on it, that we must go for it, and full steam ahead.

Nothing changes. It is natural for a country to defend and promote the interests of the majority. For that reason Quebeckers should also have their own country so that they can have a say on the world stage.

At the most recent climate change conference, the Quebec minister of the environment asked to address the conference for 30 seconds. He was asking for a mere 30 seconds. That is rather humiliating for one of the world's states that has the best record for greenhouse gas emissions. He was refused. That was too much for the federal government. If Quebec were a country like Norway, Finland or Sweden, it would not have been forced to beg for 30 seconds. It could have remained at the conference for the entire week and spoken on our behalf on the world stage.

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May 12th, 2009 / 5:15 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, in his speech, the Bloc Québécois member compared the Liberals to the Conservatives. We know that the Liberals do not have many new ideas.

Does my Bloc Québécois colleague think that the Liberals will take the same route as the Conservative Party if they ever form the Government of Canada?

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May 12th, 2009 / 5:20 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, it is true that the Liberals do not have many new ideas. Their new ideas are ones they copy from the opposition parties. For example, in the case of employment insurance, their proposals just rehash longstanding proposals made by the NDP and the Bloc Québécois.

That said, it is quite clear that we cannot expect anything more from the Liberal Party when it comes to defending the environment and implementing the Kyoto protocol with 1990 as the base year and absolute targets. Even in opposition, they are openly coming out in favour of expanding oil sands development, and they are being very timid about the necessary reforms and measures, which include a real carbon exchange in Montreal. They are in opposition.

When the Liberals were in opposition prior to 1993, they were at least a bit bolder. They said they wanted to do things differently from the Conservatives, but they did not. Now, they do not make such promises, and we know they will not do things differently. This party is just not reliable. It supported the latest Conservative budgets, despite their major flaws in terms of defending the environment.

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May 12th, 2009 / 5:20 p.m.


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Lotbinière—Chutes-de-la-Chaudière Québec

Conservative

Jacques Gourde ConservativeParliamentary Secretary to the Minister of Public Works and Government Services and to the Minister of National Revenue

Mr. Speaker, I have a question for my colleague.

In a previous budget, our government gave the Province of Quebec roughly $350 million for environmental initiatives. Since my hon. colleague is well aware of what is happening in Quebec, could he tell me what environmental initiative Quebec has implemented with that money?

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May 12th, 2009 / 5:20 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, here we are again with the same old paternalistic attitude from Ottawa. What Quebec is calling for, and yes, there was a unanimous motion in the National Assembly on this, from the Liberal Party and the Parti Québécois, is the true implementation of Kyoto, because that has economic impacts on our businesses.

We agree, of course, with the $300 million for the Government of Quebec. It is not enough, however, just to offer us a few little goodies in order to conceal the neglectful conduct of the federal government. What we want is a real change of mindset. That will not be forthcoming, however, quite simply because the economic interests of Quebec and the economic interests of Canada are not the same. Of necessity, given the nature of our institutions, Canada's interests will always win out over Quebec's interests.

A little earlier I referred to the Quebec members who are in the caucuses of other parties. The question from my colleague is a clear illustration of what I said. He did not rise in this House to defend the consensus of the National Assembly. He did not rise in this House to ask what could be done to ensure that the Quebec reality is better represented. No, he rose in this House to tell us just how good the federal government is and how nice it was to give Quebec $300 million. That is a ridiculous amount compared to the environmental and economic damage to Quebec and the Quebec economy caused by this lack of will to take action.

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May 12th, 2009 / 5:20 p.m.


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The Deputy Speaker Andrew Scheer

There are still two minutes left for questions and comments, but there being no one rising on questions and comments, we will resume debate.

The hon. member for Winnipeg Centre.

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May 12th, 2009 / 5:25 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I thank the House for this opportunity to express the views of my party and the constituents whom I represent in the riding of Winnipeg Centre.

Given that the time is brief, let me preface my remarks by saying that nothing offends the sensibilities of the people I represent as much as environmental degradation. Nothing annoys this generation of young people as much as the idea that there are those who would wilfully and knowingly harm the environment for their own interests, be it profit of corporations or whatever.

Fines are put in place for a number of reasons. We want to punish wrongdoing, but the penalties should be of such scope and magnitude that they accurately express the public's denunciation of what took place. We want these fines to be of such stature that they act as a deterrent as well so that people will think twice before they harm the environment for their own interests.

Let me point out that we do not find the regime in the bill satisfactory. It does speak about increasing the fines for individuals who knowingly or willingly degrade the environment, but it is very light on the corporate interests that may be ultimately directing--

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May 12th, 2009 / 5:25 p.m.


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An hon. member

Oh, oh.

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May 12th, 2009 / 5:25 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, that guy had his turn to talk a long time ago. He tied us up for 20 minutes yammering away and now he is still tying us up yammering away. I have the floor, if I might point out.

When I think of the concentration of this bill on individuals rather than corporations, I look to the United States where a company like W.R. Grace has been penalized enormously for its environmental degradation. The chairman and the entire board of directors were perp-walked into the courtroom in handcuffs. All of them were tried criminally for the contamination that their business caused.

In this country fines for dumping PCBs into a river until very recently were tax deductible. Not only were they paltry and tiny and almost insignificant and in no way acted as a deterrent, but they could be written off as a legitimate business expense on taxes against income. I am very proud I played a role in changing that atrocity. In the mid-1990s, bribes could be written off as a tax deduction in this country.

We are way behind other developed nations in terms of meaningful penalties for those who would contaminate and degrade our environment.

The Conservative government says it wants to get tough on crime. There is a whole type of crime that it is wishy-washy on. There is a lot of crime that the Conservatives are soft on. The Conservatives do not want to offend any of their corporate buddies by imposing meaningful discipline and penalties. I can point to one example of what I am speaking about.

The government talks about getting tough on crime in Bill C-16. It talks about increasing penalties for individuals who may contaminate a waterway. In one category of the bill, the government talks about a vessel being a boat, obviously, and bilge waters not being allowed to be discharged in a harbour, et cetera. All that is good, but the bill does not mention fixed platforms anywhere. We all know with the explosion of offshore--

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May 12th, 2009 / 5:25 p.m.


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The Deputy Speaker Andrew Scheer

Order. The hon. member will have 15 minutes left to finish his remarks when the bill is next before the House.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.