AMPS and Due Diligence
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 |
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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. |