AMPs Expanded for Vehicle, Engine and Diesel Rules

Summary#

These final regulations update the Environmental Violations Administrative Monetary Penalties Regulations so that administrative monetary penalties (AMPs) can be used for more offences in several vehicle, engine and fuel rules. The changes were registered on March 28, 2022 and came into force on that day.

What it does#

• Updates Schedule 1 of the Environmental Violations Administrative Monetary Penalties Regulations to add, change or remove listed violations tied to four existing rules:
  • Heavy‑duty Vehicle and Engine Greenhouse Gas Emission Regulations
  • Sulphur in Diesel Fuel Regulations
  • Off‑Road Small Spark‑Ignition Engine Emission Regulations
  • Off‑road Compression‑Ignition (Mobile and Stationary) and Large Spark‑Ignition Engine Emission Regulations
• Assigns violation types (Type A, B or C) to many specific provisions in those rules. Type A is the least serious; Type C is the most serious.
• Repeals one previously listed Type A violation under the Sulphur in Diesel Fuel Regulations.
• Makes AMPs an available enforcement option for the listed provisions (so officers may issue a notice of violation with a monetary penalty instead of, or in addition to, other enforcement steps).

Who's affected#

• Enforcement officers at Environment and Climate Change Canada who carry out federal environmental enforcement.
• Companies and other regulated parties covered by the four named regulations — for example, vehicle and engine manufacturers and importers, operators of heavy equipment, and diesel fuel suppliers.
• Small businesses are not subject to new regulatory obligations by these amendments; they would only incur costs if they are found to be in violation.

Why it matters#

• AMPs are an intermediate enforcement tool. They sit between a written warning and criminal prosecution. That means faster, administrative fines can be used more often and sooner than court cases.
• This could increase the chance that non‑compliance with emissions, engine or fuel rules leads to a monetary penalty rather than only a warning.
• Financial context from the regulation text:
  • Maximum penalties are $5,000 for an individual and $25,000 for any other person.
  • The department’s average cost to issue an AMP is about $220.40, and an average review of an AMP costs about $2,975.40.
  • The department estimated 1–4 AMPs per new provision per year, giving a projected incremental cost range of about $23,400 to $93,500 per year (assuming a 30% review rate).
• The amendments do not change the actual legal obligations in the underlying emissions and fuel regulations. They only add or adjust an enforcement option.