11. Compliance and Enforcement

Manufacturers and importers are responsible for ensuring that their products comply with the Regulations and are required to submit evidence of conformity upon request.

Environment Canada administers a comprehensive program to verify compliance with federal emission standards. The program includes:

• authorizing and monitoring use of the national emissions mark;
• reviewing evidence of conformity;
• registering notices of defect affecting emission controls;
• inspection of test engines and emission-related components; and
• laboratory emission tests of sample engines that are representative of products offered for sale in Canada.

If Environment Canada determines that an engine does not comply with the Regulations, the manufacturer or importer is subject to the provisions of Canadian Environment Protection Act (CEPA) 1999. In this situation, the normal course of events is to perform sufficient engineering assessment to determine if a notice of defect should be issued in accordance with section 157 of the Act.

Environment Canada will apply the Compliance and Enforcement Policy for CEPA 1999 to address alleged violations. The policy sets out the range of possible responses to alleged violations: warnings, environmental protection compliance orders, ticketing, ministerial orders, injunctions, prosecution and environmental protection alternative measures (which are an alternative to a court prosecution after the laying of charges for a CEPA 1999 violation). In addition, the policy explains when Environment Canada will resort to civil suits by the Crown for recovery.

Alleged violations may be identified by Environment Canada's technical personnel, through information transmitted by the Canada Border Services Agency, through complaints received from the public or through inspections or investigations by CEPA 1999 enforcement officers. Inspections may also include verifications by enforcement officers at Canada's international borders.

When, following an inspection or an investigation, a CEPA enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the following criteria:

• Nature of the alleged violation: This includes consideration of the seriousness of the harm or potential harm to the environment, the intent of the alleged violator, whether it is a repeat violation, and whether an attempt has been made to conceal information or otherwise subvert the objectives and requirements of CEPA 1999.
• Effectiveness in achieving the desired result with alleged violator: The desired result is compliance with CEPA 1999 within the shortest possible time and with no further repetition of the violation. Factors to be considered include the violator's history of compliance, willingness to cooperate with enforcement officers, and evidence of corrective actions already taken.
• Consistency in enforcement: Enforcement officers will consider how similar situations have been handled in determining the measures to be taken to enforce CEPA 1999.