Policy framework to implement the Environmental Violations Administrative Monetary Penalties Act: chapter 1

1.0 Overview

The Environmental Violations Administrative Monetary Penalties Act (EVAMPA) came into force on December 10, 2010. The purpose of EVAMPA is to establish, as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty (AMP) regime for the enforcement of specified “Environmental Acts” and associated regulations. EVAMPA lays out the framework for an AMP regime that applies to designated violations under Environmental Acts and regulations; however, in order to implement the AMP regime, the development of both regulations and policies is necessary.

The Environmental Violations Administrative Monetary Penalties Regulations (hereinafter, the AMPs Regulations) were pre-published in Part I of the Canada Gazette on April 9, 2016 for a 60-day public comment period and came into force on June 2, 2017. The AMPs Regulations apply to six acts under the mandate of Environment and Climate Change Canada: 

• Antarctic Environmental Protection Act
• Canada Wildlife Act
• Canadian Environmental Protection Act, 1999 (CEPA), Parts 7 and 9
• International River Improvements Act
• Migratory Birds Convention Act, 1994
• Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

The AMPs Regulations prescribe key details of the AMP regime, such as the provisions that may be enforced by means of an AMP. They also set out the method used to calculate the amount of an AMP. For more information on the AMPs Regulations, please consult the following: Part II of the Canada Gazette.