Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

Marginal note:Notice of intent

• 216 (1) An enforcement officer must, before issuing an order,

  • (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person to whom the order will be directed; and

  • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

• Marginal note:Contents of notice of intent

  (2) A notice of intent to issue an order must include

  • (a) a statement of the purpose of the notice;

  • (b) a reference to the statutory authority under which the order will be issued;

  • (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and

  • (d) a statement that the person to whom the order will be directed may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Compliance with the order

• 217 (1) A person to whom an order is directed must, on receipt of the order or a copy of it, comply with the order.

• Marginal note:No bar to proceedings

  (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Part or the regulations is not a bar to any proceedings against the person under this Part or under any other Act in relation to the alleged contravention.

Marginal note:Intervention by enforcement officer

• 218 (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or authorize a third party to take the measures.

• Marginal note:Access to property

  (2) An enforcement officer or third party that is authorized to take measures under subsection (1) may enter and have access to any place or property, other than a dwelling-house, and may do any reasonable things that may be necessary in the circumstances.

• Marginal note:Immunity

  (3) If a third party is authorized to take measures under subsection (1), no action or other proceeding of a civil nature may be brought against the third party in respect of any act or omission committed in good faith in taking those measures.

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 219 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 218(1) from any person to whom the order is directed.

• Marginal note:Reasonably incurred

  (2) The costs and expenses referred to in subsection (1) must only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

• Marginal note:Liability

  (3) If the order is directed to more than one person, they are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).

• Marginal note:Procedure

  (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in respect of the claim in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• Marginal note:Limitation period

  (6) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or came to the knowledge of the Minister, whichever is later.

• Marginal note:Minister’s certificate

  (7) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister must be received in evidence and, in the absence of any evidence to the contrary, the document must be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document.

Marginal note:Variation or cancellation of order

• 220 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may

  • (a) amend or suspend a condition of the order, or add condition to, or delete a condition from, the order;

  • (b) cancel the order;

  • (c) correct a clerical error in the order; or

  • (d) extend the duration of the order up to the maximum duration set out in subsection 215(3).

• Marginal note:Notice of intent

  (2) The enforcement officer must, before exercising a power under paragraph (1)(a) or (d),

  • (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person to whom the order is directed; and

  • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

• Marginal note:Contents of notice of intent

  (3) A notice of intent to exercise a power under paragraph (1)(a) or (d) must include

  • (a) a statement of the purpose of the notice;

  • (b) a reference to the statutory authority under which the power will be exercised;

  • (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and

  • (d) a statement that the person to whom the order is directed may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Regulations

221 The Minister may make regulations respecting reporting under subparagraph 215(1)(c)(ii) and respecting representations made to enforcement officers under subsection 216(1) or 220(2).

Marginal note:Request for review

• 222 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after receipt by the person of the written order or a copy of it, make a request to the Chief Review Officer for a review of the order.

• Marginal note:Extension of period for request

  (2) The Chief Review Officer may extend the period within which a request for a review may be made if, in the Chief Review Officer’s opinion, it is in the public interest to do so.

Marginal note:Review of order

223 Sections 257 to 264 and 266 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review of any order.

Marginal note:Immunity

224 No action or other proceeding of a civil nature may be brought against a review officer 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.

Voluntary Reports

Marginal note:Voluntary reports

• 225 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Part, but is not required to report the matter under this Part, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Part.

• Marginal note:Request for confidentiality

  (2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed.

• Marginal note:Requirement for confidentiality

  (3) A person must not disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person authorizes the disclosure in writing.

• Marginal note:Employee protection

  (4) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has

  • (a) made a report under subsection (1);

  • (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Part; or

  • (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Part.

Application for Investigation of Offences

Marginal note:Application for investigation by Minister

• 226 (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Part that the individual alleges has occurred.

• Marginal note:Statement to accompany application

  (2) The application must include a solemn affirmation or declaration

  • (a) stating the name and address of the applicant;

  • (b) stating that the applicant is at least 18 years old and a resident of Canada;

  • (c) stating the nature of the alleged offence and the name of each person alleged to be involved; and

  • (d) containing a concise statement of the evidence supporting the allegations of the applicant.

• Marginal note:Form

  (3) The Minister may, by regulation, prescribe the form in which an application under this section is required to be made.

Marginal note:Investigation by Minister

227 The Minister must acknowledge receipt of the application within 20 days after the receipt and must investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.

Marginal note:Progress reports

228 Starting on the day on which the Minister acknowledges receipt of the application, he or she must report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister must include in the report an estimate of the time required to complete the investigation or to implement the action. A report is not however required if the investigation is discontinued before the end of the 90 days.

Marginal note:Sending evidence to Attorney General of Canada

229 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Part and for any action that the Attorney General may wish to take.

Marginal note:Discontinuation of investigation

• 230 (1) The Minister may discontinue an investigation if he or she is of the opinion that

  • (a) the alleged offence does not require further investigation; or

  • (b) the investigation does not substantiate the alleged offence.

• Marginal note:Report

  (2) If an investigation is discontinued, the Minister must prepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation and he or she must send a copy of the report to the applicant and to any person whose conduct was investigated. A copy of the report that is sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.

Injunctions

Marginal note:Injunctions

• 231 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Part, the court may issue an injunction ordering any person named in the application

  • (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Part; or

  • (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Part.

• Marginal note:Notice

  (2) At least 48 hours before the injunction is issued, notice of the application must be served on persons named in the application, unless the urgency of the situation is such that the delay involved in serving the notice would not be in the public interest.

DIVISION 4Offences and Punishment

Offences

Marginal note:Offences

• 232 (1) Every person commits an offence who

  • (a) contravenes section 208 or subsection 217(1) or 225(4);

  • (b) knowingly contravenes section 209;

  • (c) contravenes any provision of a regulation that is designated by regulations made under section 246;

  • (d) contravenes an order of a court made under this Part;

  • (e) knowingly, with respect to any matter related to this Part, provides any person with any false or misleading information or samples;

  • (f) knowingly, with respect to any matter related to this Part, files a document that contains false or misleading information; or

  • (g) knowingly, destroys, alters, mutilates, conceals or otherwise disposes of any records that are kept and retained under this Part.

• Marginal note:Penalty — individuals

  (2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than three years, or to both; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Penalty — other persons

  (3) Every person, other than an individual or an organization referred to in subsection (4), that commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

• Marginal note:Penalty — small revenue organizations

  (4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.