M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 53 Disposition versions

2022-05-12

53. In determining the penalty, the judge takes into account aggravating factors such as

(1)  the seriousness of the harm or damage, or of the risk of serious harm or damage, to human health, to the environment, including vegetation and wildlife, or to the safety of persons or property;

(2)  the specific nature of the environment or place affected, in particular, whether the feature affected is unique, rare, significant or vulnerable;

(3)  the fact that the offender acted intentionally, or was negligent or reckless;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  the cost to society of repairing the harm or damage;

(6)  the dangerous nature of the substances resulting in the offence;

(7)  the lasting or irreparable damage caused by the offence;

(8)  the offender’s behaviour after committing the offence, in particular, whether the offender attempted to cover up the offence or omitted to take rapid measures to prevent or limit the damage or to remedy the situation;

(9)  the fact that the offender has previously failed to comply with legislation, regulations or by-laws aimed at conserving or protecting human health or the environment, including vegetation and wildlife;

(10)  the fact that, by committing the offence or omitting to take measures to prevent it, the offender

(a)  increased their revenue;

(b)  decreased their expenses;

(c)  obtained any other benefit by committing the offence; or

(d)  intended to obtain the benefits mentioned in subparagraphs a, b or c; and

(11)  the fact that the offender failed to take reasonable measures to prevent the commission of the offence or limit its effects despite the offender’s financial ability to do so, given, in particular, the size of the offender’s undertaking and the offender’s assets, turnover and revenues.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

53. In determining the penalty, the judge takes into account aggravating factors such as

(1)  the seriousness of the harm or damage, or of the risk of serious harm or damage, to human health, to the environment, including vegetation and wildlife, or to the safety of persons or property;

(2)  the specific nature of the environment or place affected, in particular, whether the feature affected is unique, rare, significant or vulnerable;

(3)  the fact that the offender acted intentionally, or was negligent or reckless;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  the cost to society of repairing the harm or damage;

(6)  the dangerous nature of the substances resulting in the offence;

(7)  the lasting or irreparable damage caused by the offence;

(8)  the offender’s behaviour after committing the offence, in particular, whether the offender attempted to cover up the offence or omitted to take rapid measures to prevent or limit the damage or to remedy the situation;

(9)  the fact that the offender has previously failed to comply with legislation, regulations or by-laws aimed at conserving or protecting human health or the environment, including vegetation and wildlife;

(10)  the fact that, by committing the offence or omitting to take measures to prevent it, the offender

(a)  increased their revenue;

(b)  decreased their expenses;

(c)  obtained any other benefit by committing the offence; or

(d)  intended to obtain the benefits mentioned in subparagraphs a, b or c; and

(11)  the fact that the offender failed to take reasonable measures to prevent the commission of the offence or limit its effects despite the offender’s financial ability to do so, given, in particular, the size of the offender’s undertaking and the offender’s assets, turnover and revenues.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2022, c. 8, s. 1.