Near term priority files: Environmental and wildlife enforcement

Enforcement overview

Issue

The Minister of the Environment is responsible for enforcing wildlife and pollution laws and regulations (eight acts, approximately 70 regulations) and six habitat protection orders.

Background

• The Enforcement Branch (EB) has over 470 employees, 270 of whom are designated enforcement officers in various regional offices.
• ECCC’s uniformed enforcement officers have peace officer powers under the Criminal Code of Canada. All are issued defensive equipment and are trained in use of force; wildlife officers are also issued a sidearm.
• Officers can employ a range of measures to address alleged non-compliance. These include warning letters, directions, environmental compliance orders, administrative monetary penalties, and prosecutions.
• ECCC enforcement officers have the powers of a peace officer for the purpose of enforcing the laws under which they are designated, and are independent from the direction of the Minister for the purpose of initiating and conducting investigations.
• The decision to take enforcement action and lay charges rests with ECCC enforcement officers, while the decision to pursue a prosecution is the responsibility of the Public Prosecution Service of Canada (PPSC), and the PPSC leads files after charges are laid.
• Officers work closely with:
  • Other federal, provincial and territorial law enforcement agencies
  • International organizations, such as INTERPOL
  • Other governments, including the US Fish and Wildlife Service, and the US Environmental Protection Agency
• In recent years, penalty amounts have increased. In 2018-19, monies from prosecutions that were cases initiated totalled $10.9 million in fines and penalties. $7 million of these funds were directed to the Environmental Damages Fund, where they are often used to support community-based environmental initiatives.