Administrative Penalties Regulation under the Environmental Management Act and the Integrated Pest Management Act
The Ministry of Environment is intending to introduce a new Administrative Penalties Regulation under both the Environmental Management Act (EMA) and the Integrated Pest Management Act (IPMA).
Although new to the Ministry, administrative penalties are an enforcement tool widely used by government agencies within B.C. and across Canada as a means of encouraging compliance with regulatory requirements. Specifically, administrative penalties are financial penalties that can be imposed on those who fail to comply with a provision of a statute or regulation, with an order issued by a Ministry official or with the terms of an authorization issued under a statutory scheme. For minor to moderate violations, administrative penalties are a cost-effective, timelier, and more certain response to non-compliance than court imposed penalties.
The enabling statutory provisions for administrative penalties already exist in the EMA and the IPMA. The Ministry is preparing detailed regulations to bring these provisions into force.
The general framework and content of the proposed regulations was provided in an information paper posted on the Ministry website in January 2014. Comments on the paper were accepted between January 21 and March 28, 2014. The following is a summary of the responses that were received, and the Ministry’s response.
Read the Responses to MOE Admin Penalty Information Paper (PDF 1MB)