Comment
I support this initiative, however, I think the government is missing the real opportunity here. It is my suggestion that we try and implement a system similar to the one the federal government has previously implemented whereby a portion of fines from the prosecution of serious offences could be directed to the Ontario Community Environment Fund for local initiatives. Not only would it increase the pool of funds available for local environmental initiatives, it would show the people of this province, real, tangible results and would be great for public relations. This would require amending the various environmental statutes to allow for the courts to consider setting aside a portion of the fines collected through the prosecution of environmental offences. Failing to pay the fine would result in another offence (would require an additional amendment within the statutes making it an offence not to pay a fine) and would then give the MECP additional follow-up powers for ensuring enforcement. As of right now, there is no real mechanism whereby the MECP can hold polluters to account for not paying any fines received via a prosecution. The only thing we can currently do is suspend a licence or have an item forfeited. The responsibility for fine collection currently falls to the local courts and the MECP does not follow-up to ensure fines have been paid nor does it have the authority to enforce fine payment as the fines are directed to the Ministry of Finance and/or go to the courts where the offence occurred. If we can get the various pieces of environmental legislation amended to allow for a portion of fines to be directed to the OCEF, the MECP can enforce payment of such fines via additional prosecution leading to increased fines and/or jail for serious violators.
Submitted November 5, 2019 11:31 AM
Comment on
Holding polluters accountable by expanding the use of administrative monetary penalties for environmental contraventions
ERO number
019-0750
Comment ID
36009
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Comment status