APPENDIX "A™ Cont'd...

Description Penalty
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Intentionally or recklessly causing a disaster Unrestricted Fine
resulting in a loss of use of the environment & up to 5 yrs. in
or recklessly disregarding the safety of other. — prison.
persons. . :

Where a corporation commits an offence under Individual

the Act, any Director, Officer, or Agent of . prosecuted the
the Corporation involved in the offence is same as the
deemed a party, whether or not the Corp. Corporation.
has been prosecuted or convicted.

Section 125 establishes a statutory "due
diligence" defence, (except for intentionally
submitting false information or intentionally
or recklessly causing environmental disaster)
where "the person establishes that he a
exercised all due diligence to prevent" the
offence. .

Section 130 gives the Court a wide variety
of powers to make orders regarding the
repetition of an offence and rectification
of resulting problems.

Where another person has incurred damage as
a result of a breach of the CEPA,.a court
may order payment of compensation for
property damage.

This provision empowers any person who has The Public can
suffered damage as a result of a . use CEPA to sue
violation of the Act to’sue for. | public officers
compensation. In cages of threatened

environmental damage, a person may bring

an action for an injunction to restrain

the Act which may cause environmental

problems.