The Act: Table of Contents: Part 10: Sentencing Criteria

Part 10: Enforcement - Sentencing Criteria

Sentencing considerations

287. A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors:

(a) the harm or risk of harm caused by the commission of the offence;

(b) an estimate of the total costs to remedy or reduce any damages caused by the commission of the offence;

(c) whether any remedial or preventive action has been taken or proposed by or on behalf of the offender, including having in place an environmental management system that meets a recognized Canadian or international standard or a pollution prevention plan;

(d) whether any reporting requirements under this Act or the regulations were complied with by the offender;

(e) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;

(f) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence;

(g) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;

(h) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or minimize harm to the environment; and

(i) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders.