Environmental Protection Review Canada
Symbol of the Government of Canada

How to Request a Review of an Adminstrative Monetary Penalty ("AMP")

Under the Environmental Violations Administrative Monetary Penalties Act and Environmental Violations Administrative Monetary Penalties Regulations, AMPs may be issued in respect of prescribed violations of the following statutes: Antarctic Environmental Protection Act and its regulations, Canada Wildlife Act and its regulations, Canadian Environmental Protection Act, 1999 and its regulations, International River Improvements Act and its regulations, Migratory Birds Convention Act, 1994 and its regulations, and Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and its regulations.

You must request a review within 30 days of being served with a notice of violation for an AMP under the Environmental Violations Administrative Monetary Penalties Act. The 30-day time limit for filing a request for a review may be extended by the Chief Review Officer. In general, however, you should not rely on receiving an extension. The sooner the request for a review is made to the Chief Review Officer, the sooner the AMP will be reviewed.

The request for a review must be sent to the Chief Review Officer at Environmental Protection Review Canada. The request must be in writing and signed by the person, ship or vessel seeking review or that person's representative (e.g., lawyer). The request must include the following information:

  • The name and address for service of the person, ship or vessel requesting the review;
  • A copy of the AMP (notice of violation) you wish to have reviewed;
  • The reasons why you are requesting a review of the AMP in sufficient detail for the Chief Review Officer to understand your grounds of objection, including whether you are disputing whether you committed a violation and/or whether the penalty was calculated properly.

At the same time a request for review is filed with the Chief Review Officer, the applicant should serve a copy of the request on the Minister of the Environment and Climate Change. This should be done by serving the documents on the appropriate regional Environment and Climate Change Canada Office. This would generally be the Office where the Enforcement Officer who issued the AMP is based. You may wish to consult the directory of addresses.

To expedite the review, a request may be filed with the Chief Review Officer in electronic format by sending it to this email address: eprc-rpec@eprc-rpec.gc.ca. Please note that a request for review, and any other filing made in any proceeding, must be received by Environmental Protection Review Canada in hard copy.

What Happens After a Review is Requested

After Environmental Protection Review Canada receives the request for a review, it will send a letter or an email to the applicant confirming receipt and assigning a case number to the file. This number should be used on all documents or other material filed during the course of the review.

After officials at Environment and Climate Change Canada receive the copy of a request for review that the applicant has served on them, they will gather together the portion of their files that relate to the AMP. They will then disclose this material to the applicant and send a copy of the material to Environmental Protection Review Canada. Thus, the applicant will have all of the material from Environment and Climate Change Canada that is relevant to the AMP. Environmental Protection Review Canada will add the information to its public record.

In most cases, Environmental Protection Review Canada will contact the applicant (or applicant's representative) to arrange a pre-hearing conference. The pre-hearing conference provides an opportunity to clarify issues, establish a timetable and the procedures that will govern the particular case, and decide how confidential information (if any) or expert witnesses will be handled. For many cases, the pre-hearing conference will be a telephone conference call presided over by a Review Officer. In more complex cases, the pre-hearing conference may involve a meeting of the parties and their representatives with a Review Officer. After the pre-hearing conference, the Review Officer will usually issue directions regarding procedures, timing and any other matters that have been dealt with before the hearing. The directions will complement the Draft Rules of Procedure and Practice Directives that guide the Review Officers.

In some cases, the areas of dispute between Environment and Climate Change Canada and the applicant for a review may be suitable for mediation. The Chief Review Officer will assign a mediator, who will generally not be the Review Officer assigned to the case, to conduct a mediation in the hope of settling the matter without a hearing. Even where a mediation does not settle all the issues under dispute, it may allow the applicant and Environment and Climate Change Canada to agree on what matters should be brought before the Review Officer at a hearing.

The Hearing

The applicant for a review is entitled to appear in person (or through a representative) before the Review Officer. Counsel will appear on behalf of Environment and Climate Change Canada and the presiding Review Officer may also be advised by counsel. The hearings will often be held near where the applicant resides or where the matter that gave rise to the AMP is located. Hearings may also be heard in writing, by telephone conference call, by video conference. Applicants are entitled to present their evidence in either official language and be heard by a Review Officer fluent in that language. Where the applicant or witnesses wish to present evidence in a language other than French or English, Environmental Protection Review Canada must be notified and the applicant must provide expert translators.

Environmental Protection Review Canada will attempt to schedule hearings as quickly as possible to suit the convenience of the parties. The Review Officer will issue a decision within 30 days after the end of the hearing. The decision of the Review Officer in respect of an AMP is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Additional Information
Applicants for a review of an AMP should also refer to the Draft Rules of Procedure and Practice Directives. Additional questions can be directed to Environmental Protection Review Canada.
Environmental Protection Review Canada
240 Sparks Street, 4th Floor West
Ottawa, Ontario K1A 0X8
Canada

Tel: (613) 995-7599
Fax: (613) 907-1337
Email: eprc-rpec@eprc-rpec.gc.ca