Enforcement
Alberta's environmental laws set out clear rules and obligations for the protection, enhancement
and wise use of the environment. Ensuring compliance with these laws is an important part of Alberta
Environment’s business.
When non-compliance is identified either through mandatory reporting inspections or a call from the public,
all of the circumstances are evaluated to determine if the responsible party was duly diligent in their efforts
to comply.
If a company or individual did not take reasonable measures to prevent the contravention, or knowingly and
deliberately broke the law, enforcement action may result.
ENFORCEMENT TOOLS
Alberta Environment has a variety of tools available under the
Environmental Protection and Enhancement Act and the
Water Act
to ensure compliance.
Notices of Non-Compliance
notices are issued for minor contraventions or when there is the potential for an adverse
environmental effect. These warnings, normally given to first-time offenders, are designed to encourage
voluntarily compliance. Repeat non-compliance may lead to a more significant enforcement response.
Administrative Penalties
Administrative penalties are monetary fines designed to deal with minor administrative offences, such as
failure to file reports required under an approval or code of practice. An adverse environmental effect
does not have to occur in order for an administrative penalty to be issued.
Orders
Orders are issued when immediate action is required to prevent or stop an adverse environmental effect.
Alberta Environment issues three types of orders:
- Environmental Protection Order - issued to prevent or stop contraventions
to the Environmental Protection and Enhancement Act and ensure action is taken
to fix environmental problems
- Water Management Order - issued to prevent or stop contraventions under the
Water Act and ensure action is taken to fix environmental problems
- Enforcement Order - issued to compel a regulated party to remedy a
contravention and, where appropriate, require actions to prevent future contraventions
Prosecutions
All legislation enforced by Alberta Environment includes the option of prosecution. Penalties depend on
the severity of the contraventions and may include fines or jail time.
Creative Sentencing
Creative sentences are used to make prosecution penalties more meaningful and result in clear benefits
for the environment. Coupled with a standard fine, creative sentences are imposed in situations where a
monetary penalty may be inappropriate because of limited financial resources.
Appeals
Alberta’s environmental legislation allows for companies or individuals to appeal an order or an administrative
penalty to the Environmental Appeals Board. All prosecutions may also be appealed in court.
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