The Environmental Violations Administrative Monetary Penalties Act
The Environmental Violations Administrative Monetary Penalties Act (EVAMPA) came into force on December 10, 2010. EVAMPA sets out a framework for the establishment of a fair and efficient administrative monetary penalties (AMPs) regime. AMPs are penalties designed to create a financial disincentive to non-compliance with designated legislative requirements and to supplement existing enforcement measures, which may not be effective or available in all situations. The Environmental Violations Administrative Monetary Penalties Regulations (AMPs Regulations), which came into force on June 2, 2017 and were published in the Canada Gazette, Part II on June 14, 2017, complete the AMPs regime by establishing key details of this regime.
The AMPs Regulations designate violations under the following six acts and their associated regulations that may be enforced by means of an AMP:
- Antarctic Environmental Protection Act;
- Canada Wildlife Act;
- Canadian Environmental Protection Act, 1999, Parts 7 and 9 only;
- International River Improvements Act;
- Migratory Birds Convention Act, 1994; and
- Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
The AMPs Regulations also specify the method used to calculate the amount of an AMP, including baseline penalty amounts for different types of violations and violators, and aggravating factors that, if applicable, increase the amount of the penalty.
For information on operational aspects of the AMPs regime, please refer to “Policy Framework of the Administrative Monetary Penalty System at Environment and Climate Change Canada to Implement the Environmental Violations Administrative Monetary Penalties Act”.
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