About environmental prosecutions
Environmental prosecutions are one of the enforcement tools available to Alberta’s government when environmental legislation is not followed. Such prosecutions are considered to be punitive in nature and may be pursued when the magnitude or seriousness of an environmental offence warrants this action. Prosecutions are most appropriate for contraventions that are more serious than those of administrative penalties.
Enforcement responses to environmental offences are not automatic. An appropriate enforcement response to a particular contravention is determined by consideration of the following factors:
- The nature of the contravention and the seriousness of the adverse or potential adverse effect on public safety, the environment or natural resources, human health or property.
- The type of behaviour that resulted in the contravention. Contraventions stemming from knowingly willful and negligent behaviour are dealt with more seriously than contraventions resulting from something unforeseeable.
- Co-operation of the responsible party. The following situations are considered serious:
- Pertinent information is concealed or falsified by the regulated party.
- The party disregards the government’s prior correspondence or communications.
- The party interferes with the investigation.
- Continued non-compliance after detection of the contravention by the responsible party.
- All the available and appropriate enforcement tools that could be applied to the contravention.
- Compliance history under the related provincial legislation.
- Importance of the contravened provision within the province’s overall regulatory system.
- Consistency of enforcement responses to similar past events and circumstances of non-compliance.
- Likelihood that a particular enforcement response will have the desired effect.
Ongoing prosecutions subject to pending court appearances or decisions under environmental legislation.
Concluded prosecutions and applicable documentation under environmental legislation.
Find other environmental enforcement actions
Access summaries and updates to archived environmental enforcement actions at: