Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)
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Assented to 2026-03-26
PART 5Various Measures (continued)
DIVISION 32Environmental Protection Tribunal of Canada (continued)
Consequential Amendments (continued)
R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act
527 (1) The definition Chief Review Officer in subsection 2(1) of the Canada Wildlife Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- Environmental Protection Tribunal of Canada
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999; (Tribunal de la protection de l’environnement du Canada)
528 Subsection 11.94(2) of the Act is replaced by the following:
Marginal note:Extension of period for request
(2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.
529 The portion of subsection 11.95(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Variation or cancellation of order
11.95 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the wildlife officer may, after giving reasonable notice,
1994, c. 22Migratory Birds Convention Act, 1994
530 (1) The definition Chief Review Officer in subsection 2(1) of the Migratory Birds Convention Act, 1994 is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- Environmental Protection Tribunal of Canada
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999; (Tribunal de la protection de l’environnement du Canada)
531 Subsection 11.27(2) of the Act is replaced by the following:
Marginal note:Extension of period for request
(2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.
532 The portion of subsection 11.28(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Variation or cancellation of order
11.28 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the game officer may, after giving reasonable notice,
2003, c. 20Antarctic Environmental Protection Act
533 (1) The definition Chief Review Officer in subsection 2(1) of the Antarctic Environmental Protection Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- Environmental Protection Tribunal of Canada
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999. (Tribunal de la protection de l’environnement du Canada)
534 Subsection 37.09(2) of the Act is replaced by the following:
Marginal note:Extension of period for request
(2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.
535 The portion of subsection 37.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Variation or cancellation of order
37.1 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may, after giving reasonable notice,
2009, c. 14, s. 126Environmental Violations Administrative Monetary Penalties Act
536 (1) The definitions Chief Review Officer and review officer in section 2 of the Environmental Violations Administrative Monetary Penalties Act are repealed.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- Tribunal
Tribunal means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999. (Tribunal)
537 Sections 15 to 17 of the Act are replaced by the following:
Marginal note:Right to request review
15 A person, ship or vessel that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Tribunal allows, make a request to the Tribunal for a review of the penalty or the facts of the alleged violation, or both.
Marginal note:Variation or cancellation of notice of violation
16 At any time before the Tribunal receives a request for a review in respect of a notice of violation, a person designated under paragraph 6(b) may cancel the notice of violation or correct an error in it.
Marginal note:Review
17 When the Tribunal receives a request made under section 15, the Chairperson of the Tribunal must conduct the review or designate a member, or a panel of three members, of the Tribunal to conduct it.
538 Subsection 19(1) of the Act is replaced by the following:
Marginal note:Witnesses
19 (1) The Tribunal may summon any person to appear as a witness and may order the witness to
(a) give evidence orally or in writing; and
(b) produce any documents and things that the Tribunal considers necessary for the purpose of the review.
539 (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Decision
20 (1) After giving the person, ship or vessel that requested the review and the Minister reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for the person, ship or vessel and the Minister to make oral representations, the Tribunal must determine whether the person, ship or vessel committed a violation.
(2) Subsection 20(3) of the Act is replaced by the following:
Marginal note:Correction of penalty
(3) If the Tribunal determines that the penalty for the violation was not determined in accordance with the regulations, it must correct the amount of the penalty.
540 Section 21 of the Act is replaced by the following:
Marginal note:Service of copy and reasons
21 The Tribunal must render its determination, with reasons, in writing within 30 days after the day on which the review is completed and, without delay, provide the Minister and the person, ship or vessel to which the determination relates with a copy of the determination and reasons.
541 Section 22 of the English version of the Act is replaced by the following:
Marginal note:Responsibility
22 If the Tribunal determines that a person, ship or vessel has committed a violation, the person, ship or vessel is liable for the amount of the penalty as set out in the determination.
542 Section 23 of the Act is replaced by the following:
Marginal note:Determination is final
23 A determination made under section 20 is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or review by any court.
543 (1) The portion of section 24 of the Act before paragraph (a) is replaced by the following:
Marginal note:Rules
24 The Chairperson of the Tribunal may make rules
(2) Paragraph 24(b) of the Act is replaced by the following:
(b) generally, to govern the work of the Tribunal in respect of reviews under this Act; and
2018, c. 12, s. 186Greenhouse Gas Pollution Pricing Act
544 (1) The definition Chief Review Officer in section 214 of the Greenhouse Gas Pollution Pricing Act is repealed.
(2) Section 214 of the Act is amended by adding the following in alphabetical order:
- Environmental Protection Tribunal of Canada
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999. (Tribunal de la protection de l’environnement du Canada)
545 The portion of subsection 220(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Variation or cancellation of order
220 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may
546 Subsection 222(2) of the Act is replaced by the following:
Marginal note:Extension of period for request
(2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.
547 Section 224 of the Act is replaced by the following:
Marginal note:Immunity
224 No action or other proceeding of a civil nature may be brought against a member of the Environmental Protection Tribunal of Canada in respect of anything that is done or omitted to be done in good faith in the exercise of their powers or the performance of their duties and functions under section 223.
Terminology Changes
Marginal note:Replacement of “Chief Review Officer”
548 In the following provisions, “Chief Review Officer” is replaced by “Environmental Protection Tribunal of Canada”:
(a) in the International River Improvements Act,
(i) paragraph 21(3)(g), and
(ii) subsection 27(1);
(b) in the Canada Wildlife Act,
(i) paragraph 11.7(3)(g), and
(ii) subsection 11.94(1);
(c) in the Migratory Birds Convention Act, 1994,
(i) paragraph 11.21(4)(g), and
(ii) subsection 11.27(1);
(d) in the Antarctic Environmental Protection Act,
(i) paragraph 37.03(4)(g), and
(ii) subsection 37.09(1); and
(e) in the Greenhouse Gas Pollution Pricing Act,
(i) paragraph 215(2)(g), and
(ii) subsection 222(1).
Transitional Provisions
Marginal note:Definitions
549 The following definitions apply in this section and sections 550 to 552.
- Chief Administrator
Chief Administrator has the same meaning as in section 2 of the Administrative Tribunals Support Service of Canada Act. (administrateur en chef)
- Chief Review Officer
Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999, as it read immediately before the day on which this Division comes into force. (réviseur-chef)
- review officer
review officer means a person appointed as a review officer under the Canadian Environmental Protection Act, 1999, as it read immediately before the day on which this Division comes into force. (réviseur)
- Tribunal
Tribunal means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 as it reads on the day on which this Division comes into force. (Tribunal)
Marginal note:Contracts
550 (1) A contract entered into before the day on which this Division comes into force by the Chief Review Officer or a review officer respecting the provision of services or material, in relation to the exercise of their powers and the performance of their duties and functions under the Canadian Environmental Protection Act, 1999, is deemed to have been entered into by the Chief Administrator.
Marginal note:References
(2) Unless the context otherwise requires, in a contract referred to in subsection (1), every reference to the Chief Review Officer or to a review officer is to be read as a reference to the Chief Administrator.
Marginal note:Chief Review Officer
551 (1) The person who holds the office of Chief Review Officer immediately before the day on which this Division comes into force continues in office as the Chairperson of the Tribunal for the remainder of the term for which they were appointed.
Marginal note:Review officers
(2) A person who holds the office of review officer immediately before the day on which this Division comes into force continues in office as a member of the Tribunal for the remainder of the term for which they were appointed.
Marginal note:Pending requests for review or other matters
552 (1) Any request for review or other matter pending before the Chief Review Officer, a review officer or a panel of review officers immediately before the day on which this Division comes into force is to be continued before the Tribunal.
Marginal note:Orders or decisions
(2) An order or decision made by the Chief Review Officer, a review officer or a panel of review officers is deemed to have been made by the Tribunal and is enforceable as such.
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