Administrative Penalty Framework under the Safety Codes Act An enforcement tool under the Safety Codes Act

Administrative Penalties Monetary penalties levied by administrative action to address non-compliance. Powers of administrative penalties will be the responsibility of a Minister- appointed employee of the province (Administrator). –Safety codes officers would consider the seriousness and length of time of the offence and could issue a warning, and order, formal prosecution or recommend to the Administrator that an administrative penalty be issued.

Administrative Penalties are not: Tickets Will not be issued by safety codes officers or municipalities To be used in lieu of charges under the Act

Possible criteria for issuing Administrative penalties As under the New Home Buyer Protection model, we could consider: –previous enforcement actions under the Act for contraventions of a similar nature by the person or its 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 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.

Appeals process –appeals would be made to the New Home Buyer Protection Board. why sub councils are not hearing these appeals? –The Council may hear an appeal on an order that lead to the administrative penalty. –must be made within 30 days from the date the notice of the penalty is given. –there will be appeal fees (to be determined).

Various scenarios for issuing Administrative Penalties Scenario # 1: Administrator issues an Administrative penalty Scenario # 2: Municipality requests an Administrator to issue an Administrative penalty Scenario # 3: Administrative penalty issued to enforce an existing order

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.

Questions ?