Sentencing principles

Sentencing principles

174 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline: (a) the amount of the fine should be increased to account for each aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. (2) The aggravating factors the court must consider are the following: (a) the offence caused harm or risk of harm to human health or safety; (b) the offence caused damage or risk of damage to the environment or environmental quality; (c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment; (d) the damage or harm caused by the offence is extensive, persistent or irreparable; (e) the offender committed the offence intentionally or recklessly; (f) by committing the offence or failing to take action to prevent its commission, the offender increased or intended to increase their revenue or decreased or intended to decrease their costs; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and (h) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences. (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. (4) For the purposes of paragraphs (2)(b) to (d), damage includes loss of use value and non-use value. (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision.