Environmental Offences

“Environmental offences” in Ontario are regulatory offences created under provincial (and sometimes federal) environmental statutes. They cover things like discharging contaminants to air, land or water without the proper approvals; failing to report a spill or discharge; operating without required Environmental Compliance Approvals (ECAs); and contravening compliance orders. Most of these are prosecuted under provincial statutes such as the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA). Federal offences (for activities on federal lands, federally regulated undertakings, or where federal law applies) are prosecuted under the Canadian Environmental Protection Act (CEPA).

TYPES OF ENVIRONMENTAL CHARGES

Environmental offences can arise in many different circumstances. Some of the most common charges include:

1. Illegal Discharge of Contaminants: Releasing contaminants into the air, soil, or water in a way that causes or may cause environmental harm can result in significant penalties.
2. Improper Waste Disposal: Failing to properly store, transport, or dispose of waste materials – including hazardous substances-can lead to regulatory enforcement.
3. Water Pollution Violations: Discharging pollutants into lakes, rivers, or groundwater systems without authorization is strictly regulated under Ontario law.
4. Failure to Comply with Environmental Orders: Business and property owners may face charges if they fail to comply with orders issued by environmental regulators.
5. Permit or Reporting Violations: Certain activities require permits, approvals, or mandatory reporting. Failure to comply with these requirements can lead to prosecution.

POTENTIAL PENALTIES

Environmental offence convictions can result in severe consequences depending on the nature and seriousness of the violation. The penalties for environmental offences in Ontario vary depending on the seriousness of the offence, whether you are an individual or a corporation, and whether it’s a first or subsequent conviction. Possible penalties include:

• Fines: These can range from set fines for minor violations to hundreds of thousands of dollars for serious offences.
• Daily Fines: Some offences carry penalties for each day the violation continues.
• Remediation Orders: You may be ordered to clean up contamination or restore the environment at your own expense.
• Probation Orders: Restrictions on activities, mandatory compliance programs, or enhanced monitoring requirements.
• Reputational Damage: Environmental convictions are public and can impact customer trust, business relationships, and licensing.
• Imprisonment in serious cases

In some situations, each day that a violation continues may count as a separate offence, significantly increasing potential penalties. As well, executives and supervisors may also face charges under the Criminal Code for failing to comply with environmental regulations. Because of the complexity and seriousness of these charges, legal representation is essential.

WHAT THE CROWN HAS TO PROVE

Environmental charges are often strict liability offences, meaning the Crown only has to prove that:

1. The prohibited act occurred (for example, a discharge happened).
2. The act was connected to the accused (you, your business, or your employees).

The Crown does not need to prove intent. Once the Crown proves the act, the burden shifts to the defence to show that all reasonable steps were taken to avoid the offence — this is called the due diligence defence.

POTENTIAL DEFENCES

While each case is unique, there are several common defences available in environmental matters.

1. Due Diligence Defence: You can avoid conviction if you can prove, on a balance of probabilities, that you took all reasonable steps to prevent the offence. This may involve comprehensive staff training, regular equipment inspections and maintenance, prompt spill response procedures, compliance audits, or documentation proving preventative measures.
2. Mistake of Fact: If you reasonably believed in facts that, if true, would make your actions lawful, this can be a defence. For example, if you reasonably relied on a valid permit that turned out to have expired without your knowledge.
3. Lack of Causation: If the Crown cannot prove that your actions caused the environmental harm, you may have a defence.
4. Authorization or Permit Compliance: If you acted within the scope of an existing ECA or permit, you may be protected.
5. Procedural or Charter Defences: If your rights were violated during the investigation (for example, through an unlawful search), you may be able to exclude evidence.

HOW WE CAN HELP

If you have been charged with an environmental offence in Ontario, it is important to act quickly. Early legal advice can help you understand your options and begin building a defence. Environmental legislation is highly technical, and enforcement agencies often conduct extensive investigations before laying charges. Evidence may involve scientific reports, inspections, regulatory documentation, and witness testimony.

Glass Gavel Law represents clients facing provincial environmental offence charges and other regulatory matters. We can review the legality of inspections and evidence collection, assess whether regulators followed proper procedures, and challenge weak or insufficient evidence. We are committed to protecting your rights and providing clear, strategic legal guidance. Contact Us or call 1-833-344-2835 for a free 30 minute consultation today.