When a regulated party is out of compliance, the province’s response is based on the level of environmental, human health or safety impacts (actual or potential) and the likelihood of compliance. Responses are also based on history, willingness and capacity to comply.
A risk-based non-compliance decision matrix is used to determine which tools to apply to restore compliance quickly and to encourage future compliance.
The non-compliance decision matrix uses levels of environmental or human impact and categories of the likelihood of compliance to determine available enforcement responses as shown in the table below. See below for the descriptions of each level and category on the matrix.
Graphical images of the matrix, levels and categories are also available:
Please use the horizontal bar to view through the table below.
Level 1 | Level 2 | Level 3 | Level 4 | Level 5 | |
---|---|---|---|---|---|
Category A | Advisory | Advisory, Warning | Warning, Admin Penalty | Admin Penalty | Investigation |
Category B | Advisory, Warning | Warning, Admin Penalty | Warning, Admin Penalty | Admin Penalty, Investigation | Investigation |
Category C | Warning, Admin Penalty | Warning, Admin Penalty, Admin Sanction | Admin Penalty, Investigation | Admin Penalty, Investigation | Investigation |
Category D | Warning, Admin Penalty, Admin Sanction | Admin Penalty, Admin Sanction, Investigation | Admin Penalty, Investigation | Admin Penalty, Investigation | Investigation |
Category E | Admin Penalty, Admin Sanction, Investigation | Investigation | Investigation | Investigation | Investigation |
Levels of Environmental, Human Health or Safety Impacts
Increasing levels of actual or potential impacts on the environment, human health or human safety.
Level 1
Level 2
Level 3
Level 4
Level 5
Categories of Likelihood of Compliance
The extent and promptness with which occurrences of non-compliance are addressed help to form part of a regulated party’s compliance history. Should future occurrences of non-compliance occur, this shows how likely a party is to comply as measured on the matrix (see table).
Category A: Indications of future and ongoing compliance are very high
Category B: Indications of future and ongoing compliance are uncertain
Category C: Indications of future and ongoing compliance are unlikely
Category D: No indication of future and ongoing compliance
Category E: Indications of obstruction and ongoing or future non-compliance
There are a variety of compliance tools available under the Environmental Management Act (EMA) and the Integrated Pest Management Act (IPMA) to address non-compliance. The tools used by our inspectors are explained below. All compliance data is publicly reported quarterly and includes company names and inspection results.
Inspection Response Tools
Detailed information on all compliance responses available under EMA and the IPMA is found in the Compliance and Enforcement Policy and Procedures (PDF, 1.0MB).
The Conservation Officer Service uses additional compliance tools to address non-compliances. These tools are generally more prosecutorial in nature and include but are not limited to, violation tickets, court convictions and restorative justice.
Review compliance inspection reports, audits, and administrative penalties issued under the EMA & IPMA on the Environmental Compliance Reports page.
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