Administrative Penalty Framework under the Safety Codes Ac t 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 officers. – 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 A ct 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 ?
Recommend
More recommend
