The new penalty scheme for federal environmental statutes is now in full effect, Environmental, Energy and Resources Law with the passing of new regulations under the Canadian Environmental Protection Act, 1999 (CEPA, 1999) on July 4, 2012. Davis LLP first reported on the roll-out of this new penalty framework, pursuant to the Environmental Enforcement Act, here.

The new regulations specify fine ranges for offences under CEPA, 1999. This is the first time there will be explicit minimum fines under CEPA, 1999 for offences that directly harmed or risked harming the environment, or obstructing authorities. These minimums range from $5,000 for summary convictions involving an individual, to $500,000 for certain corporations.

The Environmental Enforcement Act also imposed new penalty frameworks under several other pieces of environmentally important legislation, such as the Canada Wildlife Act and the Migratory Birds Convention Act, 1994.