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Environmental Protection Alternative Measures (EPAMs)
Environmental Protection Alternative Measures (EPAMs) are an alternative to court prosecution for a violation of CEPA 1999. Alternative measures are also found in the Criminal Code for adult offenders and under the Youth Justice Act for juveniles. EPAMs under CEPA 1999 divert the accused - whether a company, individual or government agency - away from the court process after the person is charged.
An EPAM is an agreement negotiated with the accused by the Attorney General of Canada, in consultation with the Minister of the Environment. The EPAM will contain measures that the accused must take in order to restore compliance. Examples of those measures are:
- development of pollution prevention measures to reduce releases of a toxic substance down to regulated limits;
- installation of better pollution control technology or monitoring systems;
- changes to production to ensure compliance with regulatory requirements; and
- clean-up of environmental damage.
Not every alleged offender is eligible for an EPAM. After charges are laid against the alleged violator, it is up to the Attorney General of Canada, represented by the Crown prosecutor, to:
- apply the factors listed in s.296 of CEPA 1999; and
- determine whether an EPAM should be offered to an alleged offender.
EPAM agreements are registered in court as public documents, and s.301 of CEPA 1999 requires their publication in the CEPA Environmental Registry.
For more information, contact:
Enforcement Services
Environment Canada
351 St. Joseph Boulevard
Hull, Quebec
K1A 0H3
Email address: enforcement.environmental@ec.gc.ca
Website: Environmental Enforcement
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