Impact Assessment Agency of Canada’s Compliance Promotion and Enforcement Program: Glossary

Alleged contravention:
A contravention that is said to have occurred but has not been proven in court.
Alternative measures:
A form of alternate dispute resolution under section 717 of the Criminal Code of Canada that may be used by the Public Prosecution Service of Canada as an alternative to prosecution.
Compliance:
A state of conformity with the Impact Assessment Act.
Compliance promotion:
Any activity that increases awareness, educates and encourages compliance with the requirements of theImpact Assessment Act. These activities include proactive measures, such as offering education and training opportunities, doing outreach and providing information. The activities do not include inspection, investigation and enforcement actions.
Compliance Promotion and Enforcement Program:
A program established by the Impact Assessment Agency of Canada to administer and enforce theImpact Assessment Act.
Conditions:
The Minister of Environment and Climate Change issues requirements in a decision statement and the proponent of the designated project must comply with them. They include mitigation measures and follow-up program requirements.
Contravention:
A failure to comply with an obligation or prohibition under theImpact Assessment Act. This includes suspected and alleged contraventions.
Decision Statement:
A document issued by the Minister of Environment and Climate Change under section 54 of the Impact Assessment Act to the proponent of a designated project. It informs the proponent of the decisions about the significance of the environmental effects and whether the project is allowed to proceed. If the project does proceed, the proponent must comply with the conditions in the Decision Statement.
Enforcement:
Actions or activities to verify that a proponent is in compliance with the requirements of the Impact Assessment Act, to compel compliance or respond to alleged or potential contraventions. These include inspections, investigations and enforcement actions.
Enforcement action:
A response to an alleged or suspected contravention of the Impact Assessment Act to compel compliance, deter future non-compliance and prevent harm. Enforcement actions can include notice of non-compliance, orders, directions and prohibitions under section 90 of the Impact Assessment Act, orders under section 94 of the Impact Assessment Act, injunctions under section 96 of the Impact Assessment Act and could lead to prosecution.
Enforcement Officer:
A person designated under section 89 of the Impact Assessment Act for the purposes of the administration and enforcement of the Act.
Inspection:
Any activity to verify compliance with the Impact Assessment Act. These activities include a review of documents or any other information related to a designated project. This includes off-site and on-site inspections.
Investigation:
The process by which evidence is gathered to confirm whether there is an alleged contravention of the Impact Assessment Act.
Offence:
A contravention of the Impact Assessment Act that is punishable on summary conviction. All offence provisions set out in the Impact Assessment Act provide for a fine only upon successful conviction.
Off-site inspection:
Any verification of compliance with the Impact Assessment Act or with a condition of a decision statement that is conducted from the office of theAgency’s enforcement officer. For example, reviewing reports and plans submitted by proponents.
On-site inspection:
Any verification of compliance with the Impact Assessment Act or with a condition of a decision statement that is conducted at the place where the designated project is under way; or where a record or anything relating to the designated project is located, such as the office or other premises of the proponent or of a third party. On-site inspection includes the scrutiny of physical activities related to a designated project.
Proponent:
Any person, body, federal authority or government that proposes the carrying out of a designated project.
Suspected contravention:
A possible contravention that has yet to be verified by an Agency enforcement officer.
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