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odily harm by criminal negligence is tenyears’ imprisonment.Legislative Reforms Related to EnforcementOn May 13, 2009 Canada’s Parliamentpassed Bill C-16, the EnvironmentalEnforcement Act (“EEA”). The EEA is beingimplemented in three stages, the first ofwhich began on December 10, 2010. Theselegislative changes include:Amending the penalty provisions ofcertain statutes by establishingdistinct ranges of fines for differentoffences, by creating minimum finesfor the most serious offences, byincreasing maximum fines ($1million for individuals, $6 million forcorporations), by specifying rangesof fines for individuals, otherpersons, small revenue corporationsand ships of different sizes and bydoubling the fine amounts forsecond and subsequent offences.Amending the sentencing provisionsof certain statutes by adding apurpose clause, by specifyingaggravating factors that, ifassociated with an offence, mustcontribute to higher fines, byrequiring courts to add profits gainedor benefits realized from thecommission of an offence to fineamounts, by requiring courts to ordercorporate offenders to disclosedetails of convictions to theirshareholders and by expanding thepower of the courts to makeadditional orders having regard tothe nature of the offence and thecircumstances surrounding itscommission, and by doubling finesfor second and subsequentoffences.Adding to certain statutes arequirement that details ofconvictions of corporations be madeavailable to the public and that allfines collected be credited to theEnvironmental Damages Fund andbe available for environmentalprojects or the administration of thatFund.Creating the EnvironmentalViolations Administrative MonetaryPenalties Act which establishes anadministrative monetary penaltyscheme applicable to certainstatutes.Environmental AssessmentsIn June, 2012 the Canadian EnvironmentalAssessment Act was amended with thepassing of Bill C-38, the federalgovernment’s “omnibus” budget bill (theJobs, Growth and Long-Term ProsperityAct). Bill C-38 repealed the previous CEAA(“CEAA 1995”) and replaced it with the“new” Canadian Environmental AssessmentAct, 2012 (“CEAA 2012”).CEAA 2012 is significantly changed in somerespects relative to the earlier CEAA 1995.The amendments were part of thegovernment’s Responsible ResourceDevelopment Plan, and were intended, inpart, to increase the efficiency andtimeliness of the approval of projects, anddecrease administrative drag on applicantsapplying for environmental assessment(“EA”) approvals.CEAA 2012 grants the federal governmentthe power to require an EA concerning theEnvironmental Law 113

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