What to do next
Establish which you have received, and the deadline
Orders carry compliance deadlines and separate, usually short, appeal periods. Charges carry a first appearance date. Both run whatever you do next, and both are strict.
Do not make admissions to inspectors
Statements to investigators can be used in a prosecution. Cooperate with the process and your legal obligations, but take advice before providing explanations or written responses about how the incident occurred.
Comply while appealing, unless the order is stayed
An appeal does not automatically suspend an order in most jurisdictions - a stay usually has to be requested. Non-compliance during an appeal can itself be an offence, compounding the problem.
Build the due diligence record
For strict liability offences the central defence is that you took all reasonable care. Environmental management systems, training records, maintenance and inspection logs, incident response records and prior audits are what establish it - and they must pre-date the incident.
Consider director and officer exposure
Environmental legislation frequently imposes personal liability on directors and officers who failed to take reasonable care. Where charges name individuals, separate representation may be necessary because interests can diverge.
Frequently asked questions
Is an order the same as a charge?
No. An order is administrative and appealable to a tribunal; a charge is quasi-criminal and proceeds in court. The responses and the deadlines are different.
What is due diligence?
The defence to a strict liability offence: that you took all reasonable care to prevent the event. It rests on records created before the incident, not after.
Can directors be charged personally?
In many jurisdictions yes, where they failed to take reasonable care to prevent the offence. Separate representation is often appropriate.
Should I comply while appealing?
Generally yes unless a stay is granted, because non-compliance can be a separate offence. Ask about a stay immediately.
Which tribunal hears appeals?
The provincial environmental appeal tribunal, with prosecutions in the provincial court. Federal matters go to the Federal Court.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.