ARCHIVED — Vol. 146, No. 50 — December 15, 2012

Regulations Concerning the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994)

Statutory authority

Migratory Birds Convention Act, 1994

Sponsoring department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

The Environmental Enforcement Act (see footnote 1) received Royal Assent on June 18, 2009, and introduces a new fine scheme to be applied by courts following a successful prosecution pursuant to any of the nine environmental statutes that it amends. (see footnote 2) Under the new scheme, designated offences involving direct harm or risk of harm to the environment, or obstruction of authority, are subject to mandatory minimum fines and to an increased range of fines.

Issues and objectives

While the Environmental Enforcement Act explicitly identifies the statutory provisions that, if contravened, impose the new fine scheme, it does not identify which provisions of regulations made under those statutes, if contravened, impose the new scheme. Rather, the Environmental Enforcement Act amends the nine environmental statutes referenced herein to provide the necessary authority to identify such provisions by regulation.

The proposed Regulations Concerning the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) [the proposed Regulations] would complete the new fine scheme established by the Environmental Enforcement Act, designating the regulatory provisions under the Migratory Birds Convention Act, 1994 that would impose mandatory minimum fines and an increased range of fines. The proposed Regulations would thus secure the imposition of the new fine scheme following the successful prosecution of an offence involving harm or risk of harm to the environment, or obstruction of authority.

Description

The Environmental Enforcement Act introduces the fine scheme described in Table 1. This scheme includes new mandatory minimum fines for offences that involve direct harm or risk of harm to the environment, or obstruction of authority. The scheme also introduces an increased range of fines for such offences.

Table 1: Fines for Designated Offences

Offender

Summary
Conviction

Conviction on
Indictment

Minimum Fine

Maximum Fine

Minimum Fine

Maximum Fine

Individuals

$5,000

$300,000

$15,000

$1,000,000

Small revenue corporations or ships under 7 500 tonnes of deadweight (see footnote a)

$25,000

$2,000,000

$75,000

$4,000,000

Corporations or ships of 7 500 tonnes deadweight or over

$100,000

$4,000,000

$500,000

$6,000,000

The contravention of a regulatory provision designated under the proposed Regulations would not necessarily lead to a prosecution. Rather, the enforcement tools to be applied to a given contravention would continue to be determined by the enforcement officer based on due consideration of what is most appropriate in the circumstances of the contravention. In cases involving minor situations of non-compliance, a warning, compliance order, ticket or administrative monetary penalty may be appropriate; in those cases, the fine scheme described in Table 1 would not apply. (see footnote 3) In cases involving a serious level of non-compliance, however, prosecution may be the proper avenue for enforcement purposes. In such cases, the fine scheme described in Table 1 would apply in the event of a conviction.

Consultation

The proposed Regulations implement legislative authorities in the Migratory Birds Convention Act, 1994, as amended by the Environmental Enforcement Act. Prior to publication in the Canada Gazette, Part Ⅰ, no formal consultations were held given the proposed Regulations do not impose any incremental administrative or compliance costs on the public, the federal government or other stakeholders (i.e. consumers or industries).

“One-for-One” Rule

The “One-for-One” Rule does not apply to this regulatory proposal, as there is no change in administrative costs incurred by business.

Small business lens

The small business lens does not apply to this regulatory proposal, as there are no costs (or insignificant costs) incurred by small business.

Rationale

There are no incremental impacts (benefits or costs) associated with the proposed Regulations, as they neither amend existing obligations or requirements nor impose new obligations or requirements on the public or other stakeholders, with no additional administrative or compliance burden to be incurred by any industry or small business. The proposed Regulations simply designate the regulatory provisions under the Migratory Birds Convention Act, 1994 to which the new fine scheme introduced by the Environmental Enforcement Act applies.

Implementation, enforcement and service standards

The proposed Regulations complete the application of the new fine scheme under the Migratory Birds Convention Act, 1994 introduced by the Environmental Enforcement Act. Given that the proposed Regulations do not impose any new or additional obligation or requirement on the public or other stakeholders, they do not result in the development of any new program or service. Therefore, developing an implementation plan or establishing service standards is not considered necessary.

Contacts

  • Laura Farquharson
    Executive Director
    Legislative Governance Division
    Legislative and Regulatory Affairs Directorate
    Environmental Stewardship Branch
    Environment Canada
    351 Saint-Joseph Boulevard
    Gatineau, Quebec
    K1A 0H3
    Telephone: 819-953-1055
    Fax: 819-997-9806
    Email: legis.gov@ec.gc.ca

  • Yves Bourassa
    Director
    Regulatory Analysis and Valuation Division
    Economic Analysis Directorate
    Strategic Policy Branch
    Environment Canada
    10 Wellington Street
    Gatineau, Quebec
    K1A 0H3
    Telephone: 819-953-7651
    Fax: 819-953-3241
    Email: RAVD.DARV@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 12(1)(l) (see footnote b) of the Migratory Birds Convention Act, 1994 (see footnote c), proposes to make the annexed Regulations Concerning the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994).

Interested persons may make representations with respect to the proposed Regulations to the Minister of the Environment within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be sent by mail to Laura Farquharson, Executive Director, Legislative Governance, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-997-9806 or by email to legis.gov@ec.gc.ca.

Ottawa, December 6, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS CONCERNING THE DESIGNATION OF REGULATORY PROVISIONS FOR PURPOSES OF ENFORCEMENT (MIGRATORY BIRDS CONVENTION ACT, 1994)

1. The provisions set out in the schedule are designated for the purposes of paragraph 13(1)(c) of the Migratory Birds Convention Act, 1994.

2. These Regulations come into force on the day on which section 101 of the Environmental Enforcement Act, chapter 14 of the Statutes of Canada, 2009, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE
(Section 1)

DESIGNATED PROVISIONS

Item

Column 1

Regulations

Column 2

Provisions

1.

Migratory Birds Regulations

  • (a) subsections 5(4) and (9)

  • (b) section 6

  • (c) section 7

  • (d) section 9

  • (e) subsections 10(1) and (2)

  • (f) subsection 12(1)

  • (g) subsection 12.1(2)

  • (h) subsection 13(3)

  • (i) subsection 14(1)

  • (j) subsections 15(1), (2) and (3)

  • (k) subsection 15.1(1)

  • (l) subsections 16(1) and (1.1)

  • (m) section 17

  • (n) subsections 20(1) and (4)

  • (o) section 21

  • (p) subsection 24(3)

  • (q) subsections 27(3) and (5)

  • (r) subsection 31(2)

  • (s) subsection 32(3)

  • (t) section 33

  • (u) subsection 37(3)

2.

Migratory Bird Sanctuary Regulations

  • (a) subsection 3(2)

  • (b) subsection 4(1)

  • (c) subsection 5(1)

  • (d) section 6

  • (e) section 8

  • (f) section 8.1

  • (g) subsection 10(1)

[50-1-o]

  • Footnote 1
    The long title of the Environmental Enforcement Act is 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.

  • Footnote 2
    The Environmental Enforcement Act amends the following nine statutes: the Canadian Environmental Protection Act, 1999; the Antarctic Environmental Protection Act; the Canada Wildlife Act; the International River Improvements Act; the Migratory Birds Convention Act, 1994; the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; the Canada National Parks Act; the Canada National Marine Conservation Areas Act; and the Saguenay-St. Lawrence Marine Park Act.

  • Footnote 3
    It is planned that regulations pursuant to the Environmental Violations Administrative Monetary Penalties Act will be developed and proposed at a later date in order to implement an administrative monetary penalty scheme.

  • Footnote a
    Small revenue corporations are considered to be corporations with revenues under $5,000,000 in the 12 months preceding the offence in question.

  • Footnote b
    S.C. 2009, c. 14, s. 101

  • Footnote c
    S.C. 1994, c. 22