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.

The House proceeded to the consideration of 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, as reported (with amendment) from the committee.

Environmental Enforcement Act

[The Acting Speaker, Denise Savoie]

The Speaker has received a letter from the Law Clerk and Parliamentary Counsel informing him that a clerical error has been found in the reprint following committee stage of Bill C-16, the Environmental Enforcement Act.

In the report of the Standing Committee on Environment and Sustainable Development, an amendment to clause 39 was not recorded correctly in the French version. Regrettably, the report to the House and the reprint of this bill have included this error. The amended text should read as follows:

q) verser, selon les modalités prescrites, une somme d'argent à des groupes concernés notamment par la protection de l'environnement, pour les aider dans le travail qu'ils accomplissent à l'égard du parc où l'infraction a été commise;

Therefore, since the Speaker is convinced that this is a clerical error, he is requesting that the wording of the French version of clause 39 be corrected. In addition, the working copy of the bill will be corrected at the next reprinting, after third reading.

There being no motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.

[Gail Shea, Conservative, Egmont, PE]

moved that the bill, as amended, be concurred in.

[The Acting Speaker, Denise Savoie]

Is it the pleasure of the House to adopt this motion?

[Some hon. members]

Agreed.

[Gail Shea, Conservative, Egmont, PE]

(Motion agreed to)

[The Acting Speaker, Denise Savoie]

When shall the bill be read a third time? By leave, now?

[Some hon. members]

Agreed.

[Gail Shea, Conservative, Egmont, PE]

moved that the bill be read the third time and passed.

[Dean Del Mastro, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, I am pleased to participate in the third reading of Bill C-16, the environmental enforcement act, which has been reported to the House by the Standing Committee on Environment and Sustainable Development with minor amendments and all-party support for its fundamental principles. I thank the members of the committee for their work on the bill and the improvements they have made to it.

The bill fulfills a Conservative Party election promise to bolster the protection of our environment through tougher enforcement. It complements a number of steps the government has taken since coming into office three years ago, including a $22 million commitment in budget 2007 to increase the number of Environment Canada enforcement officers by 50%, and a further $32 million in budget 2008 over two years to enhance the enforcement operations of Environment Canada and Parks Canada.

Bill C-16 proposes extensive changes to the fine, sentencing and enforcement provisions of nine environmental protection and wildlife conservation statutes. The bill has three primary purposes: to ensure convictions act as strong deterrents, to express society's abhorrence for environmental offences and to contribute to environmental restoration and enhancement.

Especially important to the deterrence objective of the bill, is its modern, tough fine scheme. I am please to say that the bill has been reported to the House with no amendments to the fine scheme it proposes.

While the bill does not change the existing requirements for environmental compliance in Canada, its modernized fine scheme is intended to provide better guidance to courts about what constitutes appropriate fines. The purpose is to ensure that penalties for environmental offences are not simply seen as the cost of doing business. The bill does this by introducing minimum fines for the most serious offences, requiring courts to consider aggravating factors and increasing most maximum fines.

As such, if Bill C-16 becomes law, fines for individuals who commit the most serious offences will be liable to a fine ranging from $5,000 to $1 million per day fine. Large corporations that commit the most serious offences will be liable to fines ranging from $100,000 to $6 million per day per offence. These ranges represent significant improvements.

Currently, the statutes amended by the bill contain only maximum fines and completely lack direction on appropriate starting points. This has led to inadequately low fines that have never anywhere near reached the maximum amounts possible. Currently, for example, although CEPA allows for fines up to $1 million, the highest fine ever imposed under that act was $100,000, so substantially less than the maximum penalty.

It is our goal, through our environmental compliance regime and enhanced enforcement, to try to prevent environmental damage and preserve our environment for all Canadians. However, if we contemplate the possibility of a significant environmental offence, we may also, through the provisions of the bill, contemplate significant sentences as a result.

The fine scheme introduced by the bill is further enhanced by requirements for the court to consider the principle that fines should be increased to reflect every aggravating factor associated with an offence. Examples of particular aggravating factors are listed in the bill to ensure consistent treatment across the country. As with the fine ranges, the committee made no amendments to the provisions concerning aggravating factors.

Another key component of the bill is its proposed enhancements of court order authorities on sentencing. It is widely recognized that fines alone are not sufficient to deter offenders, denounce their behaviour and ensure environmental restoration. That is certainly something we heard from witnesses who appeared when the bill was before committee. As such, the bill seeks to improve the creating sentencing power of judges by harmonizing and improving existing authorities provided by the statutes amended by the bill to courts upon sentencing.

I am pleased to say that the committee made several important amendments to these court order provisions. The bill, as introduced, was intended to ensure courts have access to a full suite of creative sentencing powers upon sentencing, such as remedial orders, compensation orders and orders concerning community service. As reported to the House by the committee, the bill's amendment to the court order powers are even stronger, ensuring consistency across statutes and clarity in the language used.

For example, collectively, the members of the committee ensured that courts would be able to direct the offender to pay money to community organizations to assist in their work in communities affected by these offences. In the same vein, I am happy that the bill's provisions concerning public disclosure of environmental offences, especially with respect to corporate offenders, have remained intact.

Members of the committee recognized the important deterrent and denunciation effect of the provision obliging the minister to maintain, in a registry accessible to the public, information about all convictions of corporations for offences under the act and the provision obliging courts to order corporate offenders who have shareholders to inform their shareholders of these convictions.

Beyond its focus on the outcome of prosecutions, the bill would give enforcement officers better options for addressing offences that require immediate action. The bill does this by allowing officers to issue compliance orders. I am happy to say that the committee also recognized the value of this important tool and made no amendments to it whatsoever. Furthermore, the bill, as reported to the House, has stronger provisions concerning analysts. These are scientific and technical experts who can play an important role in gathering evidence of offences.

I thank the committee members for their cooperation in ensuring all provisions necessary for analysts to function effectively were included in this bill.

Finally, and of note, the bill, as reported to the House, also retains its original proposed environmental violations administrative monetary penalty act. This proposed act would ensure the benefits to environmental enforcement from modern and efficient enforcement tools, tools that will ensure a consistent response to serious environmental infractions.

Again I thank the members of the committee from all parties for their excellent work. Bill C-16 is an impressive, important initiative that would strengthen the federal environmental protection regime and protect our environment for future generations.

[Gerry Byrne, Liberal, Humber—St. Barbe—Baie Verte, NL]

Madam Speaker, I have a timely question and perhaps the hon. member could give some insight to the House on a circumstance that I am working on on behalf of stakeholders from Atlantic Canada.

Just recently, a barge called the Shovel Master, which is owned by the Irving Corporation, sunk off the coast of southwest Nova Scotia. On board were 70,000 litres of fuel oil and that oil now sits in that barge on the bottom in some pretty rich fish habitat. It is there and contained but, as we know, it will eventually break apart. That 70,000 litres of fuel oil will go into the natural environment, causing serious destruction of fish habitat if and when it does.

It is a time bomb but the bomb has not yet exploded. Does this proposed act contemplate any remedy for that? Are there any provisions that would guard against future circumstances? I say future circumstances because no specific pollution problems have been identified today but, obviously, there will be one tomorrow. Is there any remedy under this proposed act that would allow for the government to enforce a role for the owner company to clean up that circumstance or is that left for another act?

We do know that a very similar circumstance just occurred in the Gulf of St. Lawrence involving the Irving Whale, another barge full of fuel oil, which cost the federal government upwards of $40 million to clean up, with no cost being borne by the original owner of that particular barge. Was proper contemplation given to that circumstance within this proposed act? If not, what would be the appropriate statute or legislative base for the government to act to impose a requirement for that company to clean up that situation?

[Dean Del Mastro, Conservative, Peterborough, ON]

Madam Speaker, the great thing about Bill C-16 is that it makes the fundamental recognition that Canada's current enforcement regime is out of date.

In the Speech from the Throne, the government committed to act and make polluters accountable. Canadians want us to crack down on polluters, poachers and wildlife smugglers, and that is what the bill would do. The legislation delivered on the government's three main goals: deterrence, denunciation and restoration of the environment.

With respect to specific incidents, there is obviously a difference between being negligent and looking at environmental contamination as a cost of doing business. This bill would come down very hard on companies that are negligent and companies that are merely acting abhorrently toward the environment and looking at fines as merely a cost of doing business. Through this bill, we will ensure that companies understand that this government and this party stand firmly behind the environment and its protection for future generations.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Madam Speaker, as the member said, it is time we changed the enforcement regime and imposed stiffer penalties. But imposing stiffer penalties is not enough. We also need to change how we do things, and this bill does not address that issue. That said, we will support Bill C-16.

For example, in February 2009, Syncrude was charged with dumping toxic substances into tailings ponds at the company's oil sands site north of Fort McMurray, which resulted in the deaths of nearly 500 ducks.

What is a $300,000 fine or a maximum prison sentence of six months to a super-rich company like Syncrude? Will the member admit that we need to not only increase sentences and fines, but change how we do things in order to protect the environment better?

[Dean Del Mastro, Conservative, Peterborough, ON]

Madam Speaker, we agree with the member and that is why in budget 2007 we dramatically increased the budget for enforcement officers. We did that again the following year when we increased the budget for officers for Parks Canada. We agree with the member that a $300,000 fine is not enough to necessarily deter that. What will deter it is a $6 million per day fine. What will deter it is a listing of that company on a registry that says that this company broke the environmental laws.

Frankly, when shareholders look at a company that is paying fines in the range of $6 million per day, they will not be happy. Companies need to be concerned about their corporate image when they are trying to attract investment because people do not like investing in companies that are negligent to the environment. This bill moves on that and it is a critical change.

[David McGuinty, Liberal, Ottawa South, ON]

Madam Speaker, I congratulate the parliamentary secretary for the tone and civility of his remarks today. This is an example of where the committee worked very well together to build on what has actually been many years of investment in reframing environmental enforcement for the country. It preceded the government's election pledge. I think he would be well advised to admit that and perhaps even support that notion. I think all thanks go to hundreds of justice and other officials who have helped to pull us together.

I have an important question concerning two significant things that have happened recently on the environmental front. One is this environment enforcement bill and the second is the government's decision to make changes to environmental assessment, not only through the Navigable Waters Protection Act where now unfettered discretion has been given to the minister to decide when and when not it will apply, but also new changes that exempt environmental assessment for projects of $10 million or less.

Can he help Canadians understand how, on the one hand, we are driving up enforcement and fining and giving discretion to judges to apply fines in different contexts, while, on the other hand, we are actually reducing the standards for environmental assessment?