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Toughest Environmental Penalties Act, 2000, S.O. 2000, c. 22 - Bill 124

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EXPLANATORY NOTE

The Bill amends the Environmental Protection Act to increase the maximum penalties for the following offences:

1.  An offence of contravening the Act or the regulations, if the offence results in an adverse effect.

2.  An offence in respect of hauled liquid industrial waste or hazardous waste, if the offence may result in an adverse effect.

3.  An offence of failing to comply with a stop order.

The Bill amends the Ontario Water Resources Act to increase the maximum penalties for offences that impair the quality of the water of any waters and certain offences that relate to water treatment or distribution systems.  The Bill also amends section 28 of the Act to ensure that it applies to all provisions of the Act that relate to offences.

The Bill amends the Pesticides Act to increase the maximum penalties for offences that cause an adverse effect.

In all of the above cases, the Bill increases the maximum fines for corporations from $1,000,000 to $6,000,000 on a first conviction and from $2,000,000 to $10,000,000 on a subsequent conviction.  In the case of individuals, the Bill increases the maximum fines from $100,000 to $4,000,000 on a first conviction and from $200,000 to $6,000,000 on a subsequent conviction.  The Bill increases the maximum period of imprisonment for individuals from two years less one day to five years less one day.

In the case of offences under the Environmental Protection Act that result in an adverse effect or that posed, pose or may pose a risk of an adverse effect, the Bill makes the maximum penalties for offences under subsection 194 (2) of that Act the same as the maximum penalties for offences under subsection 186 (1).

In the case of offences under the Pesticides Act that posed, pose or may pose a risk of an adverse effect, the Bill makes the maximum penalties for offences under subsection 49 (2) of that Act the same as the maximum penalties for offences under subsection 42 (1).

The Bill also increases the maximum penalties for failing to comply with a stop order under the Pesticides Act to make them the same as the maximum penalties for failing to comply with a stop order under the Environmental Protection Act.

The Bill also amends the administrative penalty provisions of the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act to increase the maximum administrative penalty from $5,000 to $10,000.

 

 

chapter 22

An Act to amend the Environmental Protection Act, the Ontario Water
Resources Act and the Pesticides Act
in respect of penalties

Assented to November 21, 2000

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Environmental Protection Act

1. (1) Subsection 182.1 (1) of the Environmental Protection Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34, is amended by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d).

(2) Subsection 182.1 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34, is amended by striking out “$5,000” and substituting “$10,000”.

(3) Paragraph 1 of subsection 187 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 37, is amended by striking out “subsection 186 (1)” and substituting “subsection 186 (1) or 194 (2)”.

(4) Paragraph 1 of subsection 187 (6) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 37, is amended by striking out “subsection 186 (1)” and substituting “subsection 186 (1) or 194 (2)”.

(5) Subsection 187 (7) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 37, is amended by striking out “a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction” at the end and substituting “a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction”.

(6) Subsection 187 (8) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 37, is amended by,

(a) striking out “a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction” at the end of clause (a) and substituting “a fine of not more than $4,000,000 on a first conviction and not more than $6,000,000 on each subsequent conviction”; and

(b) striking out “imprisonment for a term of not more than two years less one day” in clause (b) and substituting “imprisonment for a term of not more than five years less one day”.

Ontario Water Resources Act

2. (1) Section 1 of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, 1993, chapter 23, section 73 and 1998, chapter 35, section 44, is further amended by adding the following definitions:

“water distribution system” means a part of a water treatment or distribution system that distributes water, if that part of the system includes one or more water works; (“système de distribution de l’eau”)

“water treatment or distribution system” means a system for collecting, producing, treating, storing, supplying or distributing water that includes one or more water works.  (“système de traitement ou de distribution de l’eau”)

(2) Section 28 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 61, is further amended by striking out “Under sections 15, 15.1, 15.5, 19, 29, 30, 32, 33 and 106.1 and subsection 116 (1), the quality of water shall be deemed to be impaired” and substituting “For the purposes of this Act, the quality of water shall be deemed to be impaired”.

(3) Subsection 106.1 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69, is amended by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d).

(4) Subsection 106.1 (4) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69, is amended by striking out “$5,000” and substituting “$10,000”.

(5) Section 109 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 72, is amended by adding the following subsection:

Application of subss. (4) and (5)

(3.1) Subsections (4) and (5) apply to the following offences:

1. An offence under this Act that impairs the quality of the water of any waters.

2. An offence under subsection 107 (1) of contravening a provision of the regulations that relates to water treatment or distribution systems and that requires,

i. with respect to water treatment or distribution systems that obtain water from a ground water source, ensuring provision of a minimum level of treatment consisting of disinfection,

ii. with respect to water treatment or distribution systems that obtain water from a surface water source, ensuring provision of a minimum level of treatment consisting of chemically assisted filtration and disinfection or other treatment capable, in the Director’s opinion, of producing water of equal or better quality,

iii. ensuring that no water enters a water distribution system or plumbing unless it has been treated with chlorination or another treatment that, in the Director’s opinion, is as effective as chlorination to achieve disinfection that persists into the distribution system or plumbing, or

iv. giving notice or ensuring that notice is given in accordance with the regulations, or advising a person, if,

A. analysis of a water sample from a water distribution system or a sample of treated water shows that a parameter exceeds a concentration set out in the regulations or in an approval, order or direction under this Act,

B. analysis of a water sample from a water distribution system or a sample of treated water is an indicator of adverse water quality described in the regulations, or

C. other observations disclose an indicator of adverse water quality described in the regulations.

(6) Subsection 109 (4) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 72, is amended by,

(a) striking out “an offence under this Act that impairs the quality of the water of any waters” and substituting “an offence described in subsection (3.1)”; and

(b) striking out “a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction” at the end and substituting “a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction”.

(7) Subsection 109 (5) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 72, is amended by,

(a) striking out “an offence under this Act that impairs the quality of the water of any waters” in the portion before clause (a) and substituting “an offence described in subsection (3.1)”;

(b) striking out “a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction” at the end of clause (a) and substituting “a fine of not more than $4,000,000 on a first conviction and not more than $6,000,000 on each subsequent conviction”; and

(c) striking out “imprisonment for a term of not more than two years less one day” in clause (b) and substituting “imprisonment for a term of not more than five years less one day”.

Pesticides Act

3. (1) Subsection 41.1 (1) of the Pesticides Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 95, is amended by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d).

(2) Subsection 41.1 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 95, is amended by striking out “$5,000” and substituting “$10,000”.

(3) Paragraph 1 of subsection 45 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by striking out “subsection  42 (1)” and substituting “subsection 42 (1) or 49 (2)”.

(4) Section 45 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 97, is further amended by adding the following subsection:

Application of subss. (3.1) and (3.2)

(3.0.1) Subsections (3.1) and (3.2) apply to the following offences:

1. An offence under this Act that causes an effect mentioned in subsection 49 (3).

2. An offence of failing to comply with an order under section 27.

(5) Subsection 45 (3.1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by,

(a) striking out “an offence under this Act that causes an effect mentioned in subsection 49 (3)” and substituting “an offence described in subsection (3.0.1)”; and

(b) striking out “a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction” at the end and substituting “a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction”.

(6) Subsection 45 (3.2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by,

(a) striking out “an offence under this Act that causes an effect mentioned in subsection 49 (3)” in the portion before clause (a) and substituting “an offence described in subsection (3.0.1)”;

(b) striking out “a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction” at the end of clause (a) and substituting “a fine of not more than $4,000,000 on a first conviction and not more than $6,000,000 on each subsequent conviction”; and

(c) striking out “imprisonment for a term of not more than two years less one day” in clause (b) and substituting “imprisonment for a term of not more than five years less one day”.

Commencement and Short Title

Commencement

4. (1) Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

Same

(2) Subsections 1 (1) and (2) come into force on the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force.

Same

(3) Subsections 2 (3) and (4) come into force on the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force.

Same

(4) Subsections 3 (1) and (2) come into force on the day section 95 of the Environmental Statute Law Amendment Act, 1998 comes into force.

Short title

5. The short title of this Act is the Toughest Environmental Penalties Act, 2000.