This consultation was open from:
November 10, 2005
to January 10, 2006
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 2005, the government posted a discussion paper to support the development of administrative monetary penalties (i.e. environmental penalties) under the Environmental Protection Act and the Ontario Water Resources Act. Regulations were developed and implemented, introducing environmental penalties (O. Reg. 222/07 and O. Reg. 223/07) and requirements associated with spills prevention/contingency (O. Reg. 224/07); however, the policy proposal notice on the Environmental Registry was never closed. This decision notice effectively closes the 2005 policy proposal notice.
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 us a new legislative framework for administrative monetary penalties.
To ensure a seamless transition from the existing administrative monetary penalties (i.e. environmental penalties) to the new framework, changes to the Environmental Protection Act and the Ontario Water Resources Act will be proclaimed at a later date when regulations are proposed and finalized.
Effects of consultation
The government at the time moved forward with environmental penalties. Comments received were considered as part of the regulatory changes made in 2007 (see Decision Notice RA06E0013, “Draft regulations and guidance documents for the implementation of Environmental Penalties, Spill Prevention and Spill Contingency Planning, and Spill Notification”).
Supporting materials
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Get in touch with the office listed below to find out if materials are available.
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Contact
Andre Martin
Original proposal
Proposal details
This notice was originally posted in the old Environmental Registry under number PA05E0036.
Description of policy
The Environmental Enforcement Statute Law Amendment Act, 2005 (Act) was passed by the Ontario legislature on June 9, 2005. The Act amends the Environmental Protection Act and the Ontario Water Resources Act to allow the Ministry of the Environment (MOE) to impose environmental penalties (EPs) on companies responsible for violations. The purpose of EPs is to protect the environment by impelling companies to comply with environmental regulations and to take swift remedial action in the event of a spill or other environmental contravention.
Although the Act has received Royal Assent, the provisions of the Act related to EPs will be proclaimed into law once supporting regulations have been developed and approved. In addition to a regulation that will specify contraventions subject to EPs and how EPs are calculated, supporting regulations will address creation of a special purpose account, reporting of spills, and spill prevention/spill contingency planning.
To initiate consultation, the MOE is releasing a 'Stakeholder Consultation Paper - Developing Environmental Penalties for Ontario' that outlines the key elements of EPs. The Consultation Paper is intended to guide stakeholders through some of the key issues and to promote productive and efficient consultations toward the development of regulations.
Purpose of policy
The Stakeholder Consultation Paper on Developing Environmental Penalties for Ontario is being posted for public comment.
The purpose of the proposal is to elicit stakeholder comment regarding key issues to consider in the development of EPs regulations. Comments will be reviewed by the Ministry and taken into consideration as part of the ongoing stakeholder consultations. The Stakeholder Consultation Paper represents an initial step in MOE's commitment toward effective stakeholder consultation in the development of EPs regulations.
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 November 10, 2005
to January 10, 2006
Connect with us
Contact
Karen Pawlowski
135 St. Clair Avenue West
6th Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
0By email
0By mail
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