Traduction de «commission an environmental offence » (Anglais → Français) :

43.Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; calls on the Commission to develop innovative instruments for the prosecution of those who commit environmental offences in which organised crime plays a role, for example by submitting a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised ill ...[+++]egal waste trafficking’, since 2011 classed as an offence with a major social impact (and thus dealt with by the District Anti-mafia Bureau); calls for stronger action by the CITES offices and closer coordination between those offices at European level in combating illegal trafficking in protected and endangered animal and plant species;

The bill could also oblige the government to ensure opportunities for effective, informed and timely public participation in environmental decision making, the right to request an investigation of an alleged environmental offence, whistleblower protection and the right to take action against offenders who cause environmental harm.

The survey indicates that the most effective policy for regulators, with the fewest adverse side effects, would be one of holding corporate executives personally responsible for corporate environmental offences, but only if they could have prevented the commission of the offence and failed to do so (88)

Clause 1 of Bill C-15 amends section 5(3)(a) of the CDSA to provide in certain circumstances for mandatory minimum terms of imprisonment for the offence of trafficking in a substance included in Schedule I or in Schedule II if the amount of the Schedule II substance exceeds the amount for that substance set out in Schedule VII. There will be a minimum punishment of imprisonment for one year if certain aggravating factors apply: the offence was committed for a criminal organization, as that term is defined in section 467.1(1) of the Criminal Code (a group of three or more people whose purpose is to commit serious offences for material be ...[+++]nefit); there was the use or threat of the use of violence in the commission of the offence; a weapon was carried, used or threatened to be used in the commission of the offence; or the offender was convicted of a designated substance offence within the previous 10 years and had served a term of imprisonment of one year or more for that offence (59) A “designated substance offence” is defined in section 2 of the CDSA to mean any of the offences in sections 4 to 10 of the CDSA, except the offence of possession of a substance found in Schedule I, II, or III to the Act, as set out in subsection 4(1).

The Court of Justice, in its judgment of 13 September 2005, Case C-176/03, Commission v Council, while noting that, as a general rule, the European Community does not have competence in criminal matters, ruled that that finding did not ‘prevent the Community legislature, when the application of effective, proportionate and dissuasive criminal penalties by the competent national authorities is an essential measure for combating serious environmental offences, from taking measures which relate to the criminal law of ...[+++] the Member States which it considers necessary in order to ensure that the rules which it lays down on environmental protection are fully effective’ (point 48).

For example, under section 122 of the Canadian Environmental Protection Act a director will be liable for an offence committed by a corporation where he or she " directed, authorized, assented to, acquiesced in or participated in the commission of the offence" .