Canada Gazette, Part I, Volume 146, Number 50: Regulations Concerning the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994)
December 15, 2012
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.
| 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)
| Item | Column 1 Regulations |
Column 2 Provisions |
|---|---|---|
| 1. | Migratory Birds Regulations |
|
| 2. | Migratory Bird Sanctuary Regulations |
|
[50-1-o]