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February 14, 2018

Ontario Clarifies Administrative Penalty Regime Under Climate Change Legislation

Ontario recently released its Draft Guideline for the Implementation of Administrative Penalties under the Climate Change Mitigation and Low-Carbon Economy Act, 2016 (“Draft Guideline”).

The Draft Guideline clarifies how Administrative Monetary Penalties (“AMPs”) are issued and calculated under the Climate Change Mitigation and Low-carbon Economy Act, 2016 (“the Act”) and O. Reg. 540/17.  The Draft Guideline also describes the factors that the Ministry of the Environment and Climate Change (“MOECC”) will consider when calculating an AMP.  The MOECC is receiving comments on the Draft Guideline until February 16, 2018.

AMPs are calculated based on particular formulas set out in O. Reg. 540/17.  The Act provides that an AMP cannot exceed $1M.

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