CONSOLIDATION

Environmental Violations Administrative Monetary Penalties Regulations

SOR/2017-109

Current to June 20, 2022 Last amended on June 10, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 10, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on June 10, 2022

TABLE OF PROVISIONS Environmental Violations Administrative Monetary Penalties Regulations

Interpretation 1

Definition of Act

Designated Provisions 2

Provisions of Environmental Acts and regulations

Types of violations

Penalties 4

Formula — Type A, B or C

Baseline penalty amount

History of non-compliance amount

Environmental harm amount

Economic gain amount

8.1

Economic advantage amount

8.2

Specific case

Service 9

Manner of service

Request for Review 10

On behalf of ship or vessel

Coming into Force 11

Registration

SCHEDULE 1

Violations — Provisions SCHEDULE 2

Violations — Orders or Directions

Current to June 20, 2022 Last amended on June 10, 2022

ii

Environmental Violations Administrative Monetary Penalties Regulations TABLE OF PROVISIONS

SCHEDULE 3

Violations — Conditions of Permit, Licence or Authorization

SCHEDULE 4 SCHEDULE 5

Current to June 20, 2022 Last amended on June 10, 2022

iv

Registration SOR/2017-109

June 2, 2017

ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT Environmental Violations Administrative Monetary Penalties Regulations P.C. 2017-568

June 2, 2017

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.

a

S.C. 2012, c. 19, s. 54

b

S.C. 2009, c. 14, s. 126

Current to June 20, 2022 Last amended on June 10, 2022

Interpretation Definition of Act 1 In these Regulations, Act means the Environmental Violations Administrative Monetary Penalties Act, unless otherwise indicated.

Designated Provisions Provisions of Environmental Acts and regulations 2 (1) The 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 directions (2) The 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 authorization (3) The 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 provisions (4) The 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. 86.

Types of violations 3 The 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. 87.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations Penalties Sections 4-6

Penalties Formula — Type A, B or C 4 (1) The amount of the penalty for each Type A, B or C violation is to be determined by the formula W+X+Y+Z

where W is the baseline penalty amount determined under

section 5; X

is the history of non-compliance amount, if any, as determined under section 6;

Y

is the environmental harm amount, if any, as determined under section 7; and

Z

is the economic gain amount, if any, as determined under section 8.

Formula – types D or E (2) The amount of the penalty for each Type D or E violation is to be determined by the formula W+X+Y

where W is the baseline penalty amount determined under

section 5; X

is the history of non-compliance amount, if any, as determined under section 6; and

Y

is the economic gain amount, if any, as determined under section 8.1.

SOR/2019-266, s. 88.

Baseline penalty amount 5 The 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. 88.

History of non-compliance amount 6 (1) If 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.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations Penalties Sections 6-8

History of non-compliance (2) A violator has a history of non-compliance if, in the

five years preceding (a) the 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; (b) 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; (c) 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; or (d) the 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 action (3) For 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. 89.

Environmental harm amount 7 If 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 amount 8 (1) Subject 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.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations Penalties Sections 8-9

Only gain avoidance of cost of authorization (2) If 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 amount 8.1 If 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. 90.

Specific case 8.2 (1) Subject to subsection (2), the amount of the penalty for a violation referred to in subsection 2(4) is $0.25.

Continued violation (2) If 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 (a) $0.25 for one that is committed during the nineday period beginning on the day after the day of the contravention; (b) $0.50 for one that is committed during the 10-day

period beginning on the tenth day following the day of the contravention; and (c) $1.00 for one that is committed on or after the twenty-first day following the contravention. SOR/2019-266, s. 90.

Service Manner of service 9 (1) A notice of violation referred to in section 10 of the

Act is to be served (a) in the case of an individual, (i) 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

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations Service Section 9

a parent or other person having custody of them or exercising parental authority over them, or (ii) by 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; (b) in the case of a person other than an individual, (i) 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, (ii) 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, or (iii) by sending a copy of it by electronic means to an individual referred to in subparagraph (i); and (c) in the case of a ship or vessel, (i) 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, (ii) by affixing a copy of it to the ship or vessel in a

manner than ensures that it is prominently in view, (iii) 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, (iv) 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, or (v) by sending a copy of it by electronic means to

an individual referred to in subparagraph (i), (iii) or (iv).

Proof of service (2) Service may be proven by (a) an acknowledgement of service signed by or on behalf of the person or ship or vessel served, specifying the date and location of service;

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations Service Sections 9-11

(b) 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; or (c) a record of electronic transmission setting out the date and time of transmission.

Date service effective (3) In the absence of an acknowledgement of service or a

certificate of service, service is considered effective, (a) 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; or (b) in 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 Review On behalf of ship or vessel 10 For the purpose of section 15 of the Act, a review may be requested on behalf of a ship or vessel by (a) its owner; (b) its operator or master; or (c) an authorized representative of its owner or operator.

Coming into Force Registration 11 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

SCHEDULE 1 (Subsection 2(1) and section 3)

Violations — Provisions PART 1

International River Improvements Act and its Regulations DIVISION 1

International River Improvements Act Column 1

Column 2

Item

Provision

Violation Type

B

13(12)

B

14(2)

A

16(a)

A

16(b)

A

24(1)

B

B

DIVISION 2

International River Improvements Regulations Column 1

Column 2

Item

Provision

Violation Type

3(2)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

PART 2

Canada Wildlife Act and its Regulations DIVISION 1

Canada Wildlife Act Column 1

Column 2

Item

Provision

Violation Type

9(2)

B

11.12(a)

A

11.12(b)

A

11.91(1)

B

DIVISION 2

Wildlife Area Regulations Column 1

Column 2

Item

Provision

Violation Type

3(1)(a)

B

3(1)(b)

B

3(1)(c)

B

3(1)(d)

B

3(1)(e)

C

3(1)(f)

C

3(1)(g)

B

3(1)(h)

B

3(1)(i)

A

3(1)(j)

A

3(1)(k)

B

3(1)(l)

A

3(1)(m)

A

3(1)(n)

A

3(1)(o)

A

3(1)(p)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

3(1)(q)

B

3(1)(r)

B

3(1)(s)

C

3(1)(t)

C

3(1)(u)

B

3(2)

B

3.3(1)(a)

A

3.3(1)(b)

A

3.3(1)(c)

A

3.3(1)(d)

A

3.3(1)(e)

A

3.3(1)(f)

A

3.3(1)(g)

A

29.1

3.3(1)(g.1)

A

3.3(1)(h)

A

3.3(1)(i)

A

3.3(1)(j)

A

3.3(1)(k)

A

3.3(1)(l)

A

3.3(2)

B

3.8(4)

B

5(a)

A

5(b)

A

8.1(3)(a)

A

8.1(3)(b)

A

8.2

A

8.3(1)

A

8.3(2)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

DIVISION 3

Scott Islands Protected Marine Area Regulations Column 1

Column 2

Item

Provision

Violation Type

2(1)(a)

B

2(1)(b)

B

2(1)(c)

C

2(1)(d)

B

2(1)(e)

B

2(1)(f)

B

PART 3

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 Act Column 1

Column 2

Item

Provision

Violation Type

6(1)

B

6(2)

B

6(3)

B

7(1)

B

7(2)

B

14.2(a)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

14.2(b)

A

DIVISION 2

Wild Animal and Plant Trade Regulations Column 1

Column 2

Item

Provision

Violation Type

9(1)

A

9(2)

A

A

PART 4

Migratory Birds Convention Act, 1994 and its Regulations DIVISION 1

Migratory Birds Convention Act, 1994 Column 1

Column 2

Item

Provision

Violation Type

5(a)

B

5(b)

C

5.1(1)

C

5.1(2)

C

5.2(b)

A

7(1.1)

B

7(1.3)

B

8.1(6)

B

8.1(7)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

8.3(a)

A

8.3(b)

A

11.24(1)

B

DIVISION 2

Migratory Birds Regulations Column 1

Column 2

Item

Provision

Violation Type

4(2)(b)

A

4(6)(a)(i)

A

4(6)(a)(ii)

A

4(6)(b)

A

4(10)

A

4(11)(a)(i)

A

4(11)(a)(ii)

A

4(11)(b)

A

5(1)

B

5(2)

B

5(3)

B

5(4)

B

5(9)

B

5(12)(a)

A

5(12)(b)

A

6(b)

B

B

B

10(1)

B

10(2)

B

10(3)

A

10(4)

B

11(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

12(1)

B

12.1(2)

B

13(1)

A

13(2)(a)

A

13(2)(b)

A

13(2)(c)

A

13(3)

C

14(1)

B

14(3)

A

15(1)(a)

B

15(1)(b)

B

15(1)(c)

B

15(1)(d)

B

15(1)(e)

B

15(2)

B

15(3)

B

15.1(1)(a)

B

15.1(1)(b)

B

16(1)

B

16(1.1)(a)

B

16(1.1)(b)

B

17(a)

B

17(b)

B

19(3)(a)

A

19(3)(b)

A

19(3)(c)

A

20(1)(a)

B

20(1)(b)

C

20(1)(c)

B

20(3)(a)

A

20(3)(b)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

20(4)

B

B

A

24(3)

B

26(4)

A

26(5)(a)

A

26(5)(b)

A

27(2)

B

27(3)(a)

B

27(3)(b)

B

27(5)

B

27(6)

A

A

A

31(1)

A

31(2)

B

31(3)

A

32(3)

C

C

A

37(3)

C

DIVISION 3

Migratory Bird Sanctuary Regulations Column 1

Column 2

Item

Provision

Violation Type

3(2)(a)

B

3(2)(b)

B

3(2)(c)

B

4(1)(a)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

4(1)(b)

B

5(1)

B

B

B

8.1

B

10(1)

C

PART 5

Canadian Environmental Protection Act, 1999 and its Regulations DIVISION 1

Canadian Environmental Protection Act, 1999 Column 1

Column 2

Item

Provision

Violation Type

B

123(1)

B

123(2)

B

124(1)

B

124(1.1)

B

124(2)

B

124(3)

B

125(1)

B

125(2)

B

125(2.1)

B

125(3)

B

125(3.1)

B

125(4)

B

125(5)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

126(1)

B

126(1.1)

B

126(2)

B

126(3)

B

130(4)

A

139(1)

B

142(1)

B

142(2)

B

B

150(3)

B

150(4)

B

B

153(1)(a)

B

153(1)(b)

A

153(1)(c)

A

153(1)(d)

A

153(1)(e)

A

153(1)(f)

A

153(1)(g)

A

153(1)(h)

A

B

155(5)

B

155(6)

A

157(1)

A

157(5)

A

157(7)

A

159(1)

A

162(3) and (4)

A

169(1)(a)

A

169(1)(b)

B

169(1)(c)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

169(3)

A

C

172(1)

A

179(1)(a)

A

179(1)(b)

B

179(1)(c)

B

179(3)

A

C

182(1)

A

185(1)(b)

B

55.1

185(1)(c) A (a) 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: (i)

14(1)(g) and (h)

(ii)

14(1)(i)(i) to (v)

(iii)

14(1)(j)(i) to (vi)

(iv)

14(1)(k) to (o)

(v)

14(1)(s) and (t)

(vi)

14(1)(u)(i)

(vii)

14(1)(v)(i)

(viii) 26(1)(h) and (i) (ix)

26(1)(j)(i) to (v)

(x)

26(1)(k)(i) to (vi)

(xi)

26(1)(l) to (p)

(xii)

26(1)(t) and (u)

(xiii) 26(1)(v)(i) (xiv) 26(1)(w)(i) (xv)

38(c) to (h)

(xvi) 48(d) to (i) (xvii) 59(c) to (f) (xviii) 59(h) (xix) 70(c) to (f) (xx)

70(h)

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Item

Column 1

Column 2

Provision

Violation Type

(b) for contravention of a B condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations: (i)

14(1)(a) to (f)

(ii)

14(1)(p) to (r)

(iii)

14(1)(u)(ii) to (v)

(iv)

14(1)(v)(ii) to (v)

(v)

26(1)(a) to (g)

(vi)

26(1)(q) to (s)

(vii)

26(1)(v)(ii) to (v)

(viii) 26(1)(w)(ii) to (v) (ix)

38(a)

(x)

38(b)(i) and (ii)

(xi)

48(a) to (c)

(xii)

59(a) and (b)

(xiii) 59(g) (xiv) 70(a) and (b) (xv)

70(g)

186(2)

B

188(2)

A

189(1) A (a) 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: (i)

79(b) and (c)

(ii)

79(e) and (f)

(b) for contravention of a B condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations: (i)

79(a)

(ii)

79(d)

(c) for a contravention oth- B er than those referred to in paragraphs (a) and (b)

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

212(1)(a)

A

212(1)(b)

B

212(1)(c)

B

212(3)

A

213(3)

B

DIVISION 2

Fuels Information Regulations, No. 1 Column 1

Column 2

Item

Provision

Violation Type

A

5(1)

A

5(2)

A

DIVISION 3

Concentration of Phosphorus in Certain Cleaning Products Regulations Column 1

Column 2

Item

Provision

Violation Type

A

DIVISION 4

Gasoline Regulations Column 1

Column 2

Item

Provision

Violation Type

11(1)

A

11(2)

A

11(3)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

DIVISION 5

Sulphur in Gasoline Regulations Column 1

Column 2

Item

Provision

Violation Type

5(3)

A

6(1)

A

6(2)

A

A

8(a)

A

8(b)

A

8(c)

A

9(3)

A

A

A

A

A

A

25(1)

A

A

DIVISION 6

Sulphur in Diesel Fuel Regulations Column 1

Column 2

Item

Provision

Violation Type

5(1) and (2)

A

5(4)

A

5(5)

A

5(7)

A

5.1(1) and (2)

A

5.1(3)

A

6(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

6(2)

A

[Repealed, SOR/2022-71, s. 1]

DIVISION 7

[Repealed, SOR/2021-25, s. 91] DIVISION 8

On-Road Vehicle and Engine Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

5(1)

A

A

29(1)

C

29.1(1)

C

30(2)

C

32(1)

A

32(2)

A

32(2.1)

A

32(3)

A

32(4)

A

32(5)

A

32.6(1)

C

32.6(2)

A

32.7(1)

A

32.7(2)

A

32.7(3)

A

32.7(4)

A

32.7(5)

A

A

37(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

37(2)

A

37.1

A

38(1)(a)(i)

A

38(1)(a)(ii)

A

38(1)(b)

A

38(1)(c)

A

38(2)

A

38(3)

A

38.1

A

39(1)

A

39.1(1)

A

40(1)

A

A

42.1

A

45(2)

A

45(3)

A

DIVISION 9

Federal Halocarbon Regulations, 2022 Column 1

Column 2

Item

Provision

Violation Type

3(1)(a)

C

3(1)(b)

C

C

5(1)

C

5(2)

C

6(1)

B

7(1)

B

B

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

B

11(2)(a)

A

11(2)(b)

A

12(1)

C

C

A

15(1)

B

15(2)

B

16(1)(a)

B

16(1)(b)

A

A

C

C

A

23(1)

A

23(2)

A

24(a)

A

24(b)

A

A

26(1)

A

26(2)

A

DIVISION 10

Off-Road Small Spark-Ignition Engine Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

4(1)

A

A

15.1

A

17(2)

A

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

A

A

A

26(2)

A

26(3) and (4)

A

26.1

A

DIVISION 11

Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

4(1)

A

27(3)

A

36(1)

B

36(2)

B

36(3)

A

B

38(1) and (2)

B

38(3)

A

39(1)

B

39(2)

A

A

44(3)

A

46(1)

A

47(2)

A

49(1) and (2)

A

49(4)

A

49(5)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

50(4)

A

DIVISION 12

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations Column 1

Column 2

Item

Provision

Violation Type

78(2)

A

DIVISION 13

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations Column 1

Column 2

Item

Provision

Violation Type

3(1)

C

3(2)

C

3(3)

C

3(4)

C

4(a)

A

4(b)

A

B

B

B

B

9(1)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

9(2)

A

10(1)

B

B

B

B

14(1)

B

14(2)

B

14(3)

B

14(4)

B

14(5)

B

15(1)

B

A

A

A

A

A

A

A

A

A

28(1)

A

28(2)

A

28(4)

A

28(5)

A

28(6)

A

28(7)

A

29(a)

A

29(b)(i)

A

29(b)(ii)

A

A

31(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

31(2)

A

33(1)

A

33(2)

A

34(1)

A

34(2)

A

35(1)

A

35(2)

A

36(1)

A

36(2)

B

37(1)

A

37(2)

B

B

A

40(1)

B

40(2)

A

A

44(1)

A

44(2)

A

44(3)(a)

A

44(3)(b)

A

44(3)(c)

B

44(4)

A

44(5)

A

45(1)

A

45(2)

A

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

DIVISION 14

Renewable Fuels Regulations Column 1

Column 2

Item

Provision

Violation Type

4(3)

A

9(1)

A

9(2)

A

11(2)

A

19(1)

A

19(2)

A

25(1)

A

25(2)

A

25(5)

A

A

28(1)

A

28(2)

A

A

A

A

32(1)

A

32(2)

A

32(3)

A

32(4)

A

32(5)

A

32(6)

A

32(7)

A

32(8)

A

32(9)

A

32(10)

A

A

34(1)

A

34(2)

A

34(3)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

34(4)

A

35(1)

A

35(2)

A

36(1)

A

36(2)

A

38(1)

A

38(2)

A

DIVISION 15

Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

4(1)

A

19(2)

A

21(1)

A

21(5)

C

22(2)

C

26(4)

A

30(3)(b)

A

33(1)

A

33(2)

A

33(3)

A

33(4)

A

39(1)

A

39(2)

A

40(1)

A

40(2)

A

40(3)

A

40.1

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

44(2)

A

DIVISION 16

Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

27(1)

A

27(3)

C

29(2)

A

31(2)

A

31(4)

C

32(2)

C

33(1)

A

33(2)

A

33(3)

A

33(4)

A

33(5)

A

A

36(1)

A

36(2)

A

36(3)

A

37(1)

A

A

43(2)

A

43(3) and (4)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

DIVISION 17

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations Column 1

Column 2

Item

Provision

Violation Type

4(1)

A

4(3)

A

11(1)(a)

A

11(1)(b)

B

11(1)(c)

A

12.2(2)

B

12.2(3)

B

13(3)

A

13(4)

A

13(7.1)

B

13(8)

A

13(8.1)

C

13(8.2)

C

17(4)(a)

A

20(5)

C

21(2)

C

23(2)

A

28(2)

A

29(6)

C

31(4)

B

36(2)

B

45(1)

A

45(6)

C

46(1)

C

46(2)

C

47.4(1)

C

47.5

C

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

48(1)

A

48(2)

A

48(3)

A

48(4)

A

48(5)

A

48(5.1)

A

48(5.2)

A

48(5.3)

A

48(5.4)

A

48(6)

A

48(7)

A

48(8)

A

48(9)

A

A

A

56(1)

A

56(2)

A

56(3)

A

56(4)

A

A

A

59(1)

A

59(2)

A

59(3)

A

59.1

A

63(2)

A

63(4)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

PART 6

Antarctic Environmental Protection Act and its Regulations DIVISION 1

Antarctic Environmental Protection Act Column 1

Column 2

Item

Provision

Violation Type

7(1)

B

B

9(1)

B

10(1)

B

B

12(1)(a)

B

12(1)(b)

C

12(1)(c)

B

12(1)(d)

B

12(1)(e)

B

12(1)(h)

C

12(1)(i)

C

13(1)

B

C

B

B

17(1)

B

17(2)

B

18(1)

B

18(2)

C

18(3)

C

C

30(13)

B

30(14)(a)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

30(14)(b)

A

31(2)

A

32(7)

B

35(6)

B

37(4)

B

37(5)

A

37.06(1)

B

39(a)

A

39(b)

A

46(8)(a)

A

46(8)(b)

A

47(2)

A

B

DIVISION 2

Antarctic Environmental Protection Regulations Column 1

Column 2

Item

Provision

Violation Type

12(1)(a)

A

12(1)(b)

A

12(1)(c)

A

12(1)(d)

A

12(1)(e)

A

12(1)(f)

A

12(1)(g)

A

12(2)(a)

A

12(2)(b)

A

12(3)(a)

A

12(3)(b)

A

12(4)

A

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

B

B

B

A

B

A

C

B

B

B

B

42(1)

B

A

A

A

PART 7

Greenhouse Gas Pollution Pricing Act and its Regulations DIVISION 1

Greenhouse Gas Pollution Pricing Act Column 1

Column 2

Item

Provision

Violation Type

171(1)

D

173(a)

E

173(b)

E

176(1)

D

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

176(2)(a)

D

176(2)(b)

D

177(2)

D

181(2)

E

181(3)

E

186(1)

D

187(1)

D

187(3)

D

187(4)

D

187(5)

D

187(6)

D

197(4)

E

199(2)

E

[Repealed, SOR/2021-197, s. 113]

205(2)

E

DIVISION 2

Output-Based Pricing System Regulations Column 1

Column 2

Item

Provision

Violation Type

7.1

E

E

E

E

16(2)(a)

E

16(3)(a)

E

16(4)(a)

E

16(5)(a)

E

16(6)(a)

E

16(7)(a)

E

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

10.1

16(7.1)(a)

E

16(8)(a)

E

11.1

16(9)(a)

E

11.2

16(10)(a)

E

17(4)

E

E

13.1

20(5)

E

E

E

E

36.1

E

36.2

E

[Repealed, SOR/2021-197, s. 116]

E

20.1

E

E

41.1

E

41.2

E

[Repealed, SOR/2021-197, s. 118]

24.1

E

24.2

E

45(1)

D

45(2)

D

26.1

45(3)

D

26.2

D

47(1)

D

47(2)

D

47(3)

D

D

50(1)

E

50(2)

E

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

32.1

50(3)

E

51(1)

D

51(2)

D

55(1)

D

55(2)

D

55(3)

D

E

D

D

62(1)

D

62(2)

D

63(1)(a)

D

63(1)(b)

D

63(2)

D

66(2)(a)

E

66(2)(b)

E

66(2)(c)

E

D

D

[Repealed, SOR/2021-197, s. 121]

E

E

DIVISION 3

Canadian Greenhouse Gas Offset Credit System Regulations Column 1

Column 2

Item

Provision

Violation Type

9(6)

D

13(1)

D

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 1 Violations — Provisions

Column 1

Column 2

Item

Provision

Violation Type

D

D

D

E

26(1)

E

D

D

35(1)

E

35(2)(b)

E

35(4)

D

35(5)

D

E

39(1)

D

39(3)

E

40(2)(b)

E

40(3)

D

40(4)

D

D

D

43(1)

E

43(2)

D

43(3)

D

D

D

SOR/2019-266, s. 91; SOR/2020-256, s. 55; SOR/2021-25, s. 89; SOR/2021-25, s. 90; SOR/ 2021-25, s. 91; SOR/2021-25, s. 92; SOR/2021-197, s. 112; SOR/2021-197, s. 113; SOR/ 2021-197, s. 114; SOR/2021-197, s. 115; SOR/2021-197, s. 116; SOR/2021-197, s. 117; SOR/2021-197, s. 118; SOR/2021-197, s. 119; SOR/2021-197, s. 120; SOR/2021-197, s. 121; SOR/2022-71, s. 1; SOR/2022-71, s. 2; SOR/2022-71, s. 3; SOR/2022-90, s. 3; SOR/ 2022-110, s. 28; SOR/2022-111, s. 49; SOR/2022-135, s. 6.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 2 Violations — Orders or Directions

SCHEDULE 2 (Subsection 2(2) and section 3)

Violations — Orders or Directions PART 1

Migratory Birds Convention Act, 1994 Column 1

Column 2

Item

Provision

Violation Type

8.1(1)

B

8.1(2)

B

PART 2

Canadian Environmental Protection Act, 1999 Column 1

Column 2

Item

Provision

Violation Type

119(1)

B

148(1)

B

157(4)

A

169(5)

B

173(1)

B

179(5)

B

183(1)

B

212(4)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 2 Violations — Orders or Directions

PART 3

Antarctic Environmental Protection Act Column 1

Column 2

Item

Provision

Violation Type

30(7)

B

30(8)(a)

B

37.01

B

46(3)

B

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 3 Violations — Conditions of Permit, Licence or Authorization

SCHEDULE 3 (Subsection 2(3) and section 3)

Violations — Conditions of Permit, Licence or Authorization PART 1

Canadian Environmental Protection Act, 1999 Column 1

Column 2

Item

Provision

Violation Type

129(1)(a)

B

129(1)(b)

B

129(1)(c)

B

129(1)(d)

B

129(1)(e)

B

129(1)(f)

B

129(1)(g)

B

129(1) — conditions other than those described in paragraphs (a) to (g)

A

PART 2

Antarctic Environmental Protection Act Column 1

Column 2

Item

Provision

Violation Type

21(4)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 3 Violations — Conditions of Permit, Licence or Authorization

PART 3

Migratory Birds Regulations Column 1

Column 2

Item

Provision

Violation Type

4(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 4

SCHEDULE 4 (Section 5, subsection 6(1) and sections 7 and 8)

Penalty Amounts Column 1

Column 2

Column 3

Column

Item

Violator

Violation Type

Baseline Penalty Amount ($)

History complia Amount

Individual

(a) A

(b) B

1,200

(c) C

1,000

3,000

(a) A

1,000

3,000

(b) B

2,000

6,000

(c) C

5,000

15,000

Other person or ship or vessel

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 4 (French)

ANNEXE 4 (article 5, paragraphe 6(1) et articles 7 et 8)

Montant de la pénalité

Article 1

Colonne 1

Colonne 2

Colonne 3

Colonne

Auteur de la violation

Type de violation

Montant de la pénalité de base ($)

Montant antécéd

Personne physique

a) A

b) B

1 200

c) C

1 000

3 000

Autre personne, a) A navire ou bâtiment b) B

1 000

3 000

2 000

6 000

c) C

5 000

15 000

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations SCHEDULE 5

SCHEDULE 5 (Section 5, subsection 6(1) and section 8.1)

Penalty Amounts Column 1

Column 2

Item

Violator

Violation Type Baseline Penal

Individual

Column 3

(a) D

(b) E

1,000

(a) D

2,000

(b) E

5,000

Other person

Montant de la pénalité Colonne 1

Colonne 2

Colo

Article

Auteur de la violation

Type de violation

Mon de b

Personne physique a) D

b) E

1 00

a) D

2 00

b) E

5 00

Autre personne

SOR/2019-266, s. 92.

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations AMENDMENTS NOT IN FORCE

AMENDMENTS NOT IN FORCE — SOR/2022-105, s. 89 89 Division 2 of Part 4 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations5 is replaced by the following: DIVISION 2

Migratory Birds Regulations, 2022 Column 1

Column 2

Item

Provision

Violation Type

5(1)(a)

B

5(1)(b)

B

5(1)(c)

B

6(1)

A

6(5)

A

7(1)

A

7(2)

B

8(1)

A

8(2)

A

C

10(2)

A

A

19(6)(a)

B

19(6)(b)

B

19(6)(c)

B

19(7)

C

22(3)

A

27(1)

B

28(1)

B

28(3)(a)

B

SOR/2017-109

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations AMENDMENTS NOT IN FORCE

Column 1

Column 2

Item

Provision

Violation Type

28(3)(b)

B

31(1)

A

32(2)

A

32(3)

A

34(1)(a)

A

34(1)(b)

A

34(2)

A

35(2)

A

36(1)

B

37(1)

B

37(2)(a)

B

37(2)(b)

B

37(3)(a)

B

37(3)(b)

B

37(4)

B

38(1)(a)

B

38(1)(b)

B

39(1)(a)

B

39(1)(b)

B

40(1)

B

41(1)

B

42(1)

B

42(2)

B

42(3)

B

43(1)

B

B

46(1)

B

46(2)

B

48(2)

A

49(2)

A

50(1)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations AMENDMENTS NOT IN FORCE

Column 1

Column 2

Item

Provision

Violation Type

50(2)

A

51(1)

B

51(2)

B

51(3)

A

51(5)

A

52(1)

A

52(2)

A

54(2)

A

55(1)(a)

B

55(1)(b)

B

65(4)

A

65(5)(a)

A

65(5)(b)

A

66(1)

A

66(2)

A

67(2)

A

68(1)

A

68(2)

A

69(1)(a)

B

69(1)(b)

B

69(1)(c)

B

69(1)(d)

B

72(2)

A

B

75(5)(a)

A

75(5)(b)

A

75(6)(a)

A

75(6)(b)

A

75(7)(a)

A

75(7)(b)

A

75(8)

A

Current to June 20, 2022 Last amended on June 10, 2022

Environmental Violations Administrative Monetary Penalties Regulations AMENDMENTS NOT IN FORCE

Column 1

Column 2

Item

Provision

Violation Type

75(9)

A

76(3)

A

76(4)

B

76(6)

A

76(7)(a)

A

76(7)(b)

A

A

79(1)

A

79(2)

A

C

82(4)(a)

A

82(4)(b)

A

— SOR/2022-105, s. 90 90 Part 3 of Schedule 3 to the Regulations is repealed.

Current to June 20, 2022 Last amended on June 10, 2022

