Administrative Penalty Framework under the Safety Codes Ac t An - - PowerPoint PPT Presentation

Administrative Penalty Framework under the Safety Codes Act

An additional enforcement tool under the Safety Codes Act

Administrative Penalties

• Monetary penalties levied by administrative action to address non-

compliance.

• Three key roles:
• 1. To modify behaviour and considerations about safety
• 2. To compel compliance; and
• 3. To punish non-compliance
• Powers of administrative penalties will be the responsibility of a

Minister- appointed employee of the province (Administrator).

• Penalties may range up to a maximum of $100,000 or up to $10,000

per day.

Administrative Penalties

• Are not tickets.
• Will not be issued by safety codes officers, municipalities,

agencies or ASCA.

• Not to be used in lieu of charges under the Act.
• Cannot be in addition to charges under the Act.

Some possible criteria for issuing Administrative Penalties

• As under the New Home Buyer Protection Act, the Administrator

could consider:

– previous enforcement actions under the Act for contraventions of a similar nature by the person or the organisation’s directors or

• fficers.

– the severity and extent of the contravention. – the extent of the harm caused by the contravention or the degree of risk of harm. – The economic benefit derived from the contravention

Fair Trading Act model

– seriousness of contravention or failure to comply – degree of willfulness or negligence in the contravention or failure to comply – the impact on any person adversely affected by the contravention or failure to comply – whether or not the person who receives the notice of administrative penalty has a history of non-compliance

Occupational Health & Safety model

– past safety performance. – the frequency of orders, tickets or other compliance interventions. – whether there appears to be an overall commitment to compliance.

Various scenarios for issuing Administrative Penalties

• Scenario # 1: Province-wide concerns are identified such as the sale of

uncertified equipment

• Scenario # 2: Municipal QMP Manager requests an Administrative penalty for:
• Non-compliance with an Order
• Failure to obtain Permits or other Authorisations
• Scenario # 3: ASCA Manager requests an Administrative penalty for:
• Non-compliance with an Order
• Failure to obtain Permits or other Authorisations
• Agency non-compliance
• Scenario #4: Provincial SCOs, Administrators or DAOs identify issues of non-

compliance outside the scope of the local AHJ or ASCA

Process for Administrative Penalties

• Request for an Administrative Penalty submitted to Public Safety

Division’s Office of Administrative Penalties

• File assigned to Compliance Officer for review/further

investigation

• Recommendation to Administrator to:
• Proceed with Penalty (and amount(s))
• Return to initiator for further information/activity
• Not proceed with penalty
• If proceeding Administrator will issue and cause notice to be

served along with information regarding appeal.

• Penalty may be appealed (criteria, fees, timelines) to Municipal

Government Board

Appeals

• Appeals would be made to the Municipal Government Board who

also administer appeals under the New Home Buyer Protection Act.

• Processes will match where possible those under NHBPA.
• Decisions still to be made on criteria, timelines, fees and surety.
• Those initiating the request for an Administrative Penalty will be

required to attend appeal hearings

Notifications

• Administrative Penalties would be published on the Ministry’s

website.

• Initiators of Administrative Penalties will be notified of results.

Timing and enforcement

• Deadline for serving a regulated person with written notice is 3

years from the date of the offence.

• the Administrator may file a copy of the notice of administrative

penalty, if any, with the clerk of the Court of the Queen’s Bench.

• This will provide an additional opportunity for enforcement and

collection

Next Steps

• Regulation is currently being drafted by Legislative Counsel.
• Final review of draft regulation in upcoming weeks.
• Testing of process for issuance and appeals
• Additional review of processes with stakeholders
• Final Regulation presented to Minister.
• Minister presents Regulation to Executive Council
• Administrator appointment made
• Regulation in force Fall 2016

Questions ?