This consultation was open from:
January 16, 2002
to April 14, 2002
Decision summary
We have closed this notice.
We are moving ahead with implementing a new administrative monetary penalties framework for environmental contraventions, based on changes made via Bill 132 (Better for People, Smarter for Business Act, 2019).
Decision details
Strong enforcement is a key principle of the Made-In-Ontario Environment Plan. The Province is helping to ensure that polluters are held accountable with tougher penalties, while reducing regulatory burden for responsible businesses.
In 2002, the government proposed an Administrative Monetary Penalties Implementation Policy to support the implementation of administrative monetary penalty regulations under the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act. These regulations and the associated implementation policy document did not move forward. The enabling provisions for administrative monetary penalties under the Environmental Protection Act and the Ontario Water Resources Act were repealed with the introduction of environmental penalties in 2007. Administrative monetary penalty provisions under the Pesticides Act were never proclaimed and were automatically repealed by operation of section 10.1 of the Legislation Act. Section 10.1 of the Legislation Act automatically repeals legislation that has not been proclaimed after 10 years
On December 10 2019, Bill 132 (Better for People, Smarter for Business Act, 2019) received Royal Assent, setting in place authority for the Ministry of the Environment, Conservation and Parks to issue administrative monetary penalties for environmental contraventions under the following statutes: Environmental Protection Act, Nutrient Management Act, 2002, Ontario Water Resources Act, Pesticides Act, and Safe Drinking Water Act, 2002. These changes provide a new legislative framework for administrative monetary penalties.
This decision notice effectively closes the 2002 policy proposal notice. The government at the time did not move ahead with the proposed implementation policy document, including regulations to implement the administrative monetary penalties.
Supporting materials
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Contact
Andre Martin
Original proposal
Proposal details
This notice was originally posted in the old Environmental Registry under number PA02E0001.
Description of policy
The Environmental Statute Law Amendment Act created legislative authority for administrative monetary penalties (AMPs). There are separate regulations for each of the three statutes (the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act) that were amended by the Environmental Statute Law Amendment Act.
Administrative monetary penalties are financial penalties that can be imposed by a ministry director to enforce compliance with the statute, associated regulations or requirements of ministry instruments such as permits, approvals and orders, without resorting to the courts. The penalties will be assessed and imposed by the director in accordance with the criteria and procedures prescribed in the regulation, and will be used in concert with other ministry compliance tools. The Administrative Monetary Penalties Implementation Policy outlines how administrative monetary penalties fit into the ministry's current compliance program.
Purpose of policy
The purpose of the proposed policy is to provide an opportunity for comment on the implementation details of the proposed administrative monetary penalties regulations (AMPs) and how they fit into the ministry's current compliance framework. The Administrative Monetrary Penalites Regulations and Regulation Compendium are posted concurrently with this policy for public consultation. The policy provides details on when and how AMPs will be used, appeal provisions and how the Ministry will address penalties in default. The policy introduces an Informed Judgement Matrix that facilitates the decision making process involved in the implementation of AMPs.
Other information
The ministry will also be revising its Compliance Guideline F-2 to reflect the policies outlined in the Administrative Monetary Penalty Implementation Policy. Public consultation on the revised Compliance Guideline will be undertaken in a future EBR posting.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from January 16, 2002
to April 14, 2002
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Contact
Don Earl
5775 Yonge Street
Floor 8
Toronto,
ON
M2M 4J1
Canada
Comments received
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