Email to Ministry of Environment about Native Tire Fires.

"I must assume, that at this point the Ministry is already in the process of penalising the Six Nations people for the tire fire in Caledonia. If not, could you please explain why not?

Thanks, "

Media Backgrounder
October 27, 2004

CRACKING DOWN ON POLLUTERS
The Ontario government has introduced new environmental legislation to address industrial pollution including the creation of Environmental Penalties. Under the proposed legislation, Ministry of the Environment (MOE) officials would have the authority to assign penalties promptly against a company that allows an unlawful spill or emission into the environment. Environmental Penalties will encourage compliance with Ontario’s environmental laws.

The proposed legislation will include three major initiatives:

Environmental Penalties of up to $20,000 a day for an individual or $100,000 a day for corporations
A new community clean-up fund to compensate persons for prescribed costs or expenses incurred as a result of spills and repair of environmental damage

The introduction of “reverse onus,” greater liability and the option of jail time for corporate officers and directors. The onus is put on directors and officers of a company that has spilled illegally to prove that the company took all reasonable steps to prevent the spill.

Ministry officials would have the authority to impose penalties promptly after an unlawful spill occurs. Penalties are different than fines, which are imposed by the courts if a company is charged and found guilty of an environmental offence.

Environmental Penalties
Environmental Penalties would create a tool to allow ministry officials to impose a penalty promptly in response to a violation of the Environmental Protection Act (EPA) or the Ontario Water Resources Act (OWRA).

Under the legislation, an Environmental Penalty and order could be imposed against a company within a few days of a spill occurring. The penalties could be up to $20,000 a day for individuals and $100,000 a day for corporations. Only large industries would be subject to these penalties.

Even where an environmental penalty has been imposed for serious violations such as spills, in serious cases, ministry investigators will still have the power to lay charges against a company.

New Fines Structure and Strengthened Sentencing Provisions
The current three-tier structure would be simplified into a more understandable two-tier structure, with minimum fines for serious contraventions and higher fines for repeat violators. The proposed legislation would also establish the factors that courts must consider in determining an appropriate penalty.