KNOW THE LAWS: AMPS and Due Diligence

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For more information on this topic, see the related feature article. “ENVIRONMENTAL OFFENCES: 10 FAQs about Administrative Monetary Penalties

KNOW THE LAWS: AMPS and Due Diligence

Here’s what the main environmental law in each jurisdiction says about administrative monetary penalties (AMPs) and due diligence

 
LAW
FED Environmental Violations Administrative Monetary Penalties Act:

1. A person, ship or vessel named in a notice of violation does not have a defence by reason that the person or, in the case of a ship or vessel, its owner, operator, master or chief engineer:

a. exercised due diligence to prevent the violation; or

b. reasonably and honestly believed in the existence of facts that, if true, would exonerate the person, ship or vessel [Sec. 11(1)].

AB Environmental Protection and Enhancement Act permits AMPs but doesn’t address due diligence.
BC Administrative Penalties (Environmental Management Act) Regulation:

1. A requirement that a person pay an administrative penalty applies even if the person exercised due diligence to prevent the contravention or failure in relation to which the administrative penalty is imposed [Sec. 6].

MB The Environment Act doesn’t authorize AMPs.
NB Clean Air Act permits AMPs but doesn’t address due diligence.
NL Environmental Protection Act permits AMPs but doesn’t address due diligence.
NT/
NU
Environmental Protection Act doesn’t authorize AMPs.
NS Sec. 171(1)(b) of the Environment Act authorizes the Governor in Council to make regulations for a system of AMPs but no such regulations have been enacted to date.
ON Environmental Protection Act:

1. A requirement that a person pay an administrative penalty applies even if:

a. the person took all reasonable steps to prevent the contravention; or

b. at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent [Sec. 182.3(10)].

PE Environmental Protection Act doesn’t authorize AMPs.
QC Environment Quality Act permits AMPs but doesn’t address due diligence.
SK Environmental Management and Protection Act, 2002 permits AMPs but doesn’t address due diligence.
YT Environment Act doesn’t authorize AMPs.