Administrative Penalties and Related Matters Statutes Amendment Act, 2002 (Unproclaimed Sections Only)

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2002CH04_UNPR.cfm&leg_type=Acts&isbncln=9780779744770&display=html
Published: 2009-10-01

ADMINISTRATIVE PENALTIES AND RELATED MATTERS STATUTES AMENDMENT ACT, 2002 ADMINISTRATIVE PENALTIES AND RELATED MATTERS STATUTES AMENDMENT ACT, 2002
Chapter 4
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Forests Act
 
2   Repealed 2009 cA‑26.8 s69.
Mines and Minerals Act
Amends RSA 2000 cM‑17
3(1)  The Mines and Minerals Act is amended by this section.
(4)  Section 108 is amended
                             (a)    in clause (m) by adding “administrative” before “penalties”;
                             (b)    by adding the following after clause (m):
                               (m.1)    respecting appeals from notices of administrative penalty issued under section 112 including, without limitation, regulations respecting
                                           (i)    the composition and manner of appointment of the appeal body;
                                          (ii)    the evidence to be considered by the appeal body and the factors that the appeal body is to consider in reaching its decision;
                                         (iii)    the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty;
                                         (iv)    the procedure to be followed in the appeal and the procedure before the appeal body;
                             (c)    by adding the following after clause (n):
                                   (o)    providing, with respect to any provision of the regulations under this section, that its contravention constitutes an offence.
(7)  Section 112 is amended
                             (a)    by repealing subsection (1) and substituting the following:
Administrative penalty
112(1)  If a person
                                   (a)    contravenes this Part or the regulations, or
                                   (b)    fails to comply with any condition of an exploration approval,
the Minister may order that person to pay to the Crown an administrative penalty not exceeding the maximum amount prescribed by the regulations in relation to that contravention or failure to comply.
                             (b)    in subsection (2) by striking out “the penalty” and substituting “the administrative penalty”;
                             (c)    in subsection (3) by striking out “a penalty” and substituting “an administrative penalty” and by striking out “registered”;
                             (d)    in subsection (4) by striking out “penalty” and substituting “administrative penalty”;
                             (e)    by repealing subsection (5) and substituting the following:
(5)  Subject to the right to appeal a notice of administrative penalty, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.
(6)  A notice of administrative penalty may not be issued more than 2 years after the later of
                                   (a)    the date on which the contravention to which the notice relates occurred, or
                                   (b)    the date on which evidence of the contravention first came to the notice of the Minister.
(8)  The following is added after section 112:
Publication of information
112.1   Subject to the regulations, the Minister shall publish particulars of enforcement action taken in respect of this Part.
Regulations
112.2   The Minister may make regulations governing the publication of particulars of enforcement action for the purposes of section 112.1 including, without limitation, what information must or may be published and the times at which and the manner in which it is to be published.
(9)  This section comes into force on Proclamation.
 
Public Lands Act
 
4   Repealed 2009 cA‑26.8 s69.
Read Entire Law on www.qp.alberta.ca