Marine spark-ignition engine regulations technical guidance: chapter 13

13 Compliance and Enforcement

Companies are responsible for ensuring that their products comply with the Regulations and are required to produce evidence of conformity. Environment Canada administers a comprehensive program to verify compliance with federal emission standards, which includes:

• authorizing and monitoring use of the national emissions mark;
• monitoring engine, vessel and vehicle importation;
• reviewing a company's evidence of conformity;
• monitoring data submission for compliance with the fleet averaging regime;
• registering notices of defect affecting emission controls;
• inspection of test engines, vessels and vehicles and their emission-related components; and
• laboratory emission tests of new sample engines, vessels and vehicles that are representative of products offered for sale in Canada.

If Environment Canada determines that an engine, vessel or vehicle does not comply with the Regulations, the company is subject to the provisions of 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 CEPA 1999.

Environment Canada applies the Compliance and Enforcement Policy for CEPA 1999 to address alleged violations. This 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 cost recovery.

Alleged violations may be identified by Environment Canada's technical personnel, through information transmitted by the Canada Border Services Agency, complaints received from the public, or 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 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.

Environment Canada is co-ordinating efforts with the EPA, through information sharing, to increase the efficiency and effectiveness of both organizations' compliance programs.