Administrative Monetary Penalties Regulations made under the "Environmental Protection Act," the "Ontario Water Resources Act" and the "Pesticides Act"

This notice was originally posted in the old Environmental Registry under number RA02E0001.

Description of regulation

The Environmental Statute Law Amendment Act, 1998 created legislative authority for Administrative Monetary Penalties (AMPs) in the Ministry's three Acts: the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act. Administrative Monetary Penalties are financial penalties that can be imposed by a Ministry Director if the Director is of the opinion that a person has contravened a provision of an Act, the regulation, an approval or an order other than an order to pay costs. The penalties will be assessed and imposed by the Director in accordance with the rules and procedures prescribed in the proposed regulations, and will be used in concert with other Ministry compliance tools. Each proposed Administrative Monetary Penalty Regulation includes a schedule listing the contraventions and basic penalty amounts for which administrative penalties could be applied. A draft copy of these regulations are attached to this notice.

Purpose of regulation

The proposed regulations prescribe the method of determining penalty amounts, advance notice requirements and provides for adjustments. Adjustments in the amounts of administrative penalties are to be made in a manner that encourages persons to take steps to prevent contraventions, to take steps to mitigate the effects of contraventions, to consent to and comply with orders that remedy contraventions or prevent their re-occurrence. The appeal provisions are designed to promote the expeditious resolution of disputes related to administrative penalties.

Other public consultation opportunities

In February 1999, the MOE conducted an initial discussion with stakeholders on models for the regulations. Concerns expressed by stakeholders were considered in the drafting of the regulations. This notice provides the public and other interested parties with a 90 day period to review and provide comments on the regulations. Concurrent with the EBR posting, MOE will be conducting meetings with stakeholders to clarify feedback on the draft regulations. If you would like further information regarding the six regional meetings to be held throughout the Province, or would like to provide your comments, please direct them to the MOE contact identified in this notice.

Regulatory impact statement

Administrative penalties are a compliance tool that will assist the Ministry in enforcing environmental legislation fairly, firmly and swiftly.