(1) An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the environment.
(2) To prove an aggravated offence, the prosecution must prove that the person who committed the offence—
(a) intended his or her conduct to cause significant damage to the health and safety of people or to the environment; or
(b) was reckless about whether his
or her conduct would cause significant damage to the health and safety of
people or to the environment.