As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

The Committee recommends that Environment and Climate Change Canada ensure that investigations under CEPA are carried out in a way that is, and is seen to be, transparent.

Recommendation 2

The Committee recommends that Environment and Climate Change Canada, as a means of adding to the transparency of investigations under CEPA improve the mechanisms for public participation and for sharing information about investigations with the public.

Recommendation 3

The Committee recommends that Environment and Climate Change Canada increase the use of administrative monetary penalties to strengthen the enforcement of CEPA.

Recommendation 4

The Committee recommends that the Government of Canada increase the minimum penalty amount of administrative monetary penalties.

Recommendation 5

The Committee recommends that Environment and Climate Change Canada consider requiring, wherever possible, that funds deposited into the Environmental Damages Fund be used for projects that address the environmental harm caused by the crime for which the fine was collected.

Recommendation 6

The Committee recommends that the Government of Canada facilitate constructive public participation in CEPA by taking the following steps, adapted from recommendations 30 to 34 of the 2017 Committee report Healthy Environment, Healthy Canadians, Healthy Economy: Strengthening the Canadian Environmental Protection Act, 1999:

• amend section 22 of CEPA to lower the threshold for bringing an environmental protection action from an allegation that the offence caused ‘significant harm’ to that it caused ‘harm’ to the environment;
• amend section 22 of CEPA to better enable public participation and accountability in the implementation and enforcement of CEPA by authorizing environmental protection actions, adjudicated as civil proceedings based on the balance of probabilities, in the following circumstances:
  • when the Minister(s) has/have not undertaken a specific mandatory act or duty under CEPA; and
  • when any person or government body has violated, is violating or is reasonably likely to violate CEPA, including regulations, orders and other instruments thereunder;
• consider authorizing mediation, interim orders, and specialized cost rules (whereby costs shall not be assessed against anyone bringing such an action, unless it is determined that the action is frivolous, vexatious or otherwise brought in bad faith) in order to ensure that environmental protection actions will be accessible to the public and so that Canadians may, in limited and appropriate circumstances, play a role in ensuring the application of CEPA without personally suffering damages;
• amend CEPA to include safeguards to ensure environmental protection actions are brought responsibly, including adding a mandatory 60-day notice of intent to bring a section 22 action, non-duplication of government enforcement actions, and provision for early dismissal of actions that are frivolous, vexatious or otherwise brought in bad faith; and
• maintain the request for investigation provision in section 17 of CEPA, but amend CEPA to remove that as a prerequisite to bringing an environmental protection action.

Recommendation 7

The Committee recommends that Environment and Climate Change Canada augment its use of on‑road testing, including by using remote sensing to increase the likelihood of catching defeat devices.