Bill C-16,the Environmental Enforcement Act, received Royal Assent on June 18th and establishes minimum fines for serious offences by polluters, poachers and wildlife smugglers of between $5,000 for individuals and $500,000 for large corporations.

The Act raises maximum fines to as high as $6 million and gives enforcement officers new powers to investigate cases and grants courts new sentencing authorities that ensure penalties reflect the seriousness of the pollution and wildlife offences. 106 new enforcement officers have been hired and will complete their training by August.

The Act also expands the authority to deal with environmental offenders by:

• specifying aggravating factors such as causing damage to wildlife or wildlife habitat, or causing damage that is extensive, persistent or irreparable;
• providing fine ranges higher for corporate offenders than for individuals;
• doubling fine ranges for repeat offenders;
• authorizing the suspension and cancellation of licenses, permits or other authorizations upon conviction;
• requiring corporate offenders to report convictions to shareholders; and
• mandating the reporting of corporate offences on a public registry.

As well, the Act directs that fines imposed by the courts go to the Environmental Damages Fund which provides funding to local environmental restoration, improvement, research and development, and public education initiatives.

For more information about this act please visit Environment Canada’s Web site.

On June 18th at 12:01 pm Canadian flagged carriers in British Columbia ports joined with internationally trading vessels to sound ships’ whistles in protest of the Canadian government’s disregard for the fundamental human rights of seafarers and the marine industry. 

Maritime employers and labour have been working with government for 5 years to ensure Canada’s environmental legislation is sound, coherent and effective in protecting the marine environment.   The marine industry is committed to strong environmental laws and the principle “the polluter pays”.   

However, Canada remains in breach of United Nations conventions as well as the Canadian Charter of Rights and Freedom.  All persons who are accused of an environmental offence under the Migratory Birds Convention Act 1994 and the Canadian Environmental Protection Act 1999 are liable to be imprisoned merely because they fail to prove their own due diligence, without the Crown having to prove anything against them at all.  This is reverse onus, strict criminal liability, and is a flagrant breach of section 11 of the Canadian Charter of Rights and Freedom which guarantees the right to be presumed innocent until proven guilty according to law in a fair and public hearing. 

Furthermore, Canada is in breach of United Nations International Maritime Organization’s International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).

MARPOL 73/78 makes a fundamental distinction between accidental (non-intentional) and intentional pollution, with the former not being an infringement of MARPOL.  Moreover, the United Nations Convention on the Law of the Sea

(UNCLOS) supports the MARPOL regime and points to monetary penalties, rather than imprisonment, being the normal sanction. 

Effective June 1, 2009, Canadian citizens will be required to present one of the following valid documents when entering the United States by land or water: 

• a passport; or
• a NEXUS card; or
• a Free and Secure Trade (FAST) card; or
• an enhanced driver's licence/enhanced identification card (from a province where available) ; or
• a Secure Certificate of Indian Status (when approved by the U.S. and when available) ; or 
• a Certificate of Indian Status (until fall 2009) .  

Canadian Border Services Officers (BSOs) have been reminded that document requirements and traveller processing procedures for entry to Canada will not change when the U.S. Western Hemisphere Travel Initiative (WHTI) is implemented.  If the BSO is satisfied that the person is a citizen or permanent resident of the U.S., and is otherwise admissible to Canada, that person should be allowed to enter Canada regardless of whether or not they possess a WHTI-compliant document.   Moreover, the U.S. Government has reiterated their policy that they will not, under any circumstance, deny admission to a U.S. citizen solely because they do not possess WHTI-compliant documents. 

 The enhanced driver’s licence/ enhanced identification cards denote both citizenship and identity for Canadian and U.S. citizens and these documents can be presented for entry into the United States and Canada.  This information has been communicated to our BSOs.

Since June 2007, the United States has been accepting NEXUS/FAST membership cards in all lanes at all U.S. land and at water ports of entry.   

Under current Canadian policy, NEXUS and FAST members are permitted to use their membership cards for expedited entry into Canada using NEXUS and FAST dedicated lanes only.  NEXUS/FAST members are not allowed to use their membership cards as an indicator of identity and citizenship in regular, non-dedicated lanes. 

CBSA is currently reviewing the Canadian policy for the use of NEXUS and FAST cards as an indicator of identity and citizenship in regular, non-dedicated lanes.  We hope to have a final position shortly.  We will report back to the BCCC as soon as possible.

The Canadian Food Inspection Agency has advised that the current directive D-95-03, Asian Gypsy Moth (Lymantria Dispar L.) – Plant Protection Policy for Marine Vessels, will be updated within the next few days to include an additional four Japanese ports as high risk for Asian Gypsy Moth.  Ships calling on the ports during the listed "period of risk" in 2009 shown below must obtain a pre-departure certificate as outlined in the policy in order to avoid delays entering Canadian ports from March 1 - October 15, 2009 and 2010.  The USDA policy will also be updated and reflect the additions for 2009.

CFIA’s website link to the port list for 2009 associated with the directive will be updated at: http://www.inspection.gc.ca/english/plaveg/protect/dir/portlste.shtml

Canada's Transport Minister, John Baird, and the Honourable Jim Prentice, Minister of the Environment, have announced federal government support for a joint Canada–U.S. proposal to the International Maritime Organization (IMO) to establish an Emission Control Area (ECA) in North American coastal waters.

The proposed Canada–US ECA will subject large ships operating in the designated areas to stringent standards. Specifically, the measures will reduce their nitrogen oxides emissions by 80 per cent and sulphur oxides by 96 per cent. Emissions of fine particles will also be reduced.