CANADA Law and Practice Contributed by: Laura Duke, Will Shaw and Emma Russell, Lawson Lundell LLP
• the Impact Assessment Agency of Canada; • Crown-Indigenous Relations and Northern Affairs Canada;
underlying statutory scheme. Such actions will there- fore potentially be subject to the above-mentioned penalties, as well as to the potential revocation of the permit, authorisation or licence. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Most regulatory authorities employ officers or other enforcement personnel, who are often granted the power to conduct inspections and investigations. These inspections and investigations may be routine or occur in response to suspected regulatory breach- es. By way of example, a federal fisheries officer may enter and inspect a facility or vessel if they have rea- sonable grounds to believe that federal fishery regula- tions are being breached, and during this inspection may open containers, examine fish or take samples of them, conduct tests or take copies of documents. The scope of an officer’s search powers depends on the enabling statute, and in some cases search warrants will be required. The level of enforcement for the breach of environ- mental laws varies according to the severity of the incident, as well as the government agency involved and the underlying statutory scheme. Regulatory authorities often prefer to seek compliance with environmental law through voluntary agreements to address and mitigate the harm caused rather than escalating enforcement mechanisms. 4.2 Environmental Permits/Approvals Environmental permits are commonly issued by fed- eral and/or provincial/territorial governments, with the specific permit required varying based on the nature and location of the activity at issue. As part of increasing governance and stewardship over the environment, some First Nations also have their own permitting process or may have a process co-ordinat- ed with the federal or provincial governments. Some activities will also require municipal or regional permits and authorisations. Environmental permits are gener- ally obtained by applying to the appropriate authority with responsibility over the permitting scheme.
• Transport Canada; • Parks Canada; and • Natural Resources Canada.
Other key regulatory authorities exist in each province or territory – many of which will co-ordinate regula- tion and enforcement with their federal counterparts. This includes, for example, provincial ministries for the environment or for the protection of wildlife, as well as regulatory agencies such as provincial impact assess- ment agencies and provincial enforcement agencies. 2.2 Co-Operation The federal and provincial regulatory bodies often co- operate with one another. In the context of impact assessments, this typically occurs through equiva- lency agreements or similar mechanisms. In the con- text of enforcement, joint inspections or investigations may occur, as well as co-ordination on prosecutions. There are also partnerships between federal and pro- vincial governments and First Nations across Canada. 3. Environmental Protections 3.1 Protection of Environmental Assets In general, environmental assets are protected through statutory law and associated regulations. Activities that may harm those assets are typically prohibited unless authorised through a licence or permit, which may include requirements to reduce the likelihood of harm, monitor whether harm is occurring, and mitigate any harm that occurs. 3.2 Breaching Protections Consequences for breaching environmental stat- utes and regulations may include compliance orders, administrative penalties, fines and even imprison- ment. Many statutes also allow for creative sentenc- ing, which can include measures customised to the particular circumstances of a case. In general, acting outside the scope of a permit, authorisation or licence will constitute a breach of the
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