M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 55 Disposition versions

2022-05-12

55. In the judgment, the judge may order an offender who has been found guilty under this Act or one of the Acts concerned

(1)  to refrain from any action or activity that could lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to prepare any plan, submit it to the Minister for approval and abide by it once it is approved;

(4)  to provide the Minister with any study, opinion or analysis that the situation requires or pay an amount of money to a person or body designated by the judge to provide such studies, opinions or analyses;

(5)  to take the appropriate measures to remedy the failures that were ascertained;

(6)  to take one or more of the following measures, with priority given to those determined by the judge as being best for attaining the objective of the Act that was violated:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to repair or mitigate damage resulting from the commission of the offence;

(d)  if the offence concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned, to pay the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose;

(e)  to perform community service in favour of the environment, living species, the safety of persons or property or the conservation of biodiversity, subject to the conditions determined by the judge;

(f)  to pay compensation, in a lump sum or otherwise, for repair of damage resulting from the commission of the offence;

(g)  to pay, as compensation for damage resulting from the commission of the offence, an amount of money to the Electrification and Climate Change Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(h)  to pay, in the manner specified by the judge, an amount of money to an educational institution to create scholarships for anyone enrolled in a program of studies related to the environment; and

(i)  to implement any other compensatory measure;

(7)  to provide security or deposit an amount of money to guarantee performance of the offender’s obligations;

(8)  to make public, under the conditions determined by the judge, the conviction and the imposition of any prevention or repair measures; and

(9)  to inform, at the offender’s cost, any indirect victim of the facts related to the commission of the offence.

Moreover, if the Minister, in carrying out this Act or the Acts concerned, has taken measures in the offender’s place and stead, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

The judge may also, in the judgment, order the forfeiture of the property seized during an inspection or investigation. The rules set out in the Code of Penal Procedure (chapter C-25.1) apply to the property forfeited.

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

55. In the judgment, the judge may order an offender who has been found guilty under this Act or one of the Acts concerned

(1)  to refrain from any action or activity that could lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to prepare any plan, submit it to the Minister for approval and abide by it once it is approved;

(4)  to provide the Minister with any study, opinion or analysis that the situation requires or pay an amount of money to a person or body designated by the judge to provide such studies, opinions or analyses;

(5)  to take the appropriate measures to remedy the failures that were ascertained;

(6)  to take one or more of the following measures, with priority given to those determined by the judge as being best for attaining the objective of the Act that was violated:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to repair or mitigate damage resulting from the commission of the offence;

(d)  if the offence concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned, to pay the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose;

(e)  to perform community service in favour of the environment, living species, the safety of persons or property or the conservation of biodiversity, subject to the conditions determined by the judge;

(f)  to pay compensation, in a lump sum or otherwise, for repair of damage resulting from the commission of the offence;

(g)  to pay, as compensation for damage resulting from the commission of the offence, an amount of money to the Electrification and Climate Change Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(h)  to pay, in the manner specified by the judge, an amount of money to an educational institution to create scholarships for anyone enrolled in a program of studies related to the environment; and

(i)  to implement any other compensatory measure;

(7)  to provide security or deposit an amount of money to guarantee performance of the offender’s obligations;

(8)  to make public, under the conditions determined by the judge, the conviction and the imposition of any prevention or repair measures; and

(9)  to inform, at the offender’s cost, any indirect victim of the facts related to the commission of the offence.

Moreover, if the Minister, in carrying out this Act or the Acts concerned, has taken measures in the offender’s place and stead, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

The judge may also, in the judgment, order the forfeiture of the property seized during an inspection or investigation. The rules set out in the Code of Penal Procedure (chapter C-25.1) apply to the property forfeited.

2022, c. 8, s. 1.