Bill C-16

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “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”.

SUMMARY

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.