Ontario has made major amendments to the Environment Quality Act (the EQA) which came into force on November 4, 2011 which significantly increase potential fines for offences. The maximum fine that may be imposed on a legal person is increased to $6 million ($1 million for a natural person). The minimum and maximum fines double for a second offence and triple for a subsequent offence. The maximum term of imprisonment is increased to 3 years (5 years less a day for a subsequent offence).
Notably, fines that may be imposed on directors and officers under the amended EQA are double those that would apply in the case of a natural person for the same offense. Directors and officers of a legal person (i.e. corporation or partnership) that commits an offence are presumed to have committed the offence themselves unless they can establish that they exercised due diligence and took precautions to prevent the offense.
An administrative monetary penalty (AMP) regime will be coming into effect starting in February 2012. Amounts that may be imposed under an AMP will vary depending on the specific provisions violated, from $1,000 to $10,000 for a legal person and $250 to $2000 for a natural person.
Christine practices environmental and Indigenous law, providing advice in respect of major project development, environmental assessment, permitting, operational matters and acquisition and sale of industrial projects.
Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.
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