Advanced Search

Safety Codes Amendment Act, 2015 (Unproclaimed Sections Only)


Published: 2015-03-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
SAFETY CODES AMENDMENT ACT, 2015 SAFETY CODES AMENDMENT ACT, 2015
Chapter 10
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Amends RSA 2000 cS‑1
1   The Safety Codes Act is amended by this Act.
 
19   Section 38 is amended by adding the following after subsection (4):
(5)  A decision of the Administrator under subsection (1) is final and not subject to appeal.
(6)  If a safety codes officer refuses to issue a written variance, the applicant shall be served with a written notice of the refusal.
(7)  An applicant who receives a notice referred to in subsection (6) may, within 30 days after the date on which the notice is received, appeal the refusal to the Council in accordance with the Council’s bylaws.
 
25   Section 51 is amended
                            (a)    in subsection (1) by adding the following after clause (a):
                              (a.1)    a refusal by a safety codes officer to issue a written variance,
                           (b)    by repealing subsection (2) and substituting the following:
(2)  In order for an appeal to proceed, the Council must receive a notice of appeal in the form approved by the Council within 30 days after the date the corporation or person was served with the written notice of the refusal to designate, refusal by a safety codes officer to issue a written variance, refusal to register, deregistration, suspension or cancellation.
31   The following is added after section 57:
Part 5.1 Administrative Penalties
Administrative penalties
57.1(1)  An Administrator may impose an administrative penalty in accordance with this section and the regulations if the Administrator is of the opinion that a person has
                                 (a)    contravened a provision of this Act, the regulations or a code or standard adopted under this Act that is prescribed as a provision in respect of which an administrative penalty may be imposed, or
                                 (b)    failed to comply with or contravened an order made under this Act that is prescribed as an order in respect of which an administrative penalty may be imposed.
(2)  An administrative penalty may be
                                 (a)    a single amount, or
                                 (b)    an amount for each day or part of a day on which the contravention or failure to comply continues.
(3)  The total amount of an administrative penalty must not exceed
                                 (a)    in the case of a penalty referred to in subsection (2)(b), the maximum daily amount of $10 000, and
                                 (b)    the maximum cumulative amount of $100 000.
(4)  A notice of administrative penalty must be in writing and contain the following information:
                                 (a)    the name of the person required to pay the administrative penalty;
                                 (b)    the particulars of the contravention or failure to comply;
                                 (c)    the amount of the administrative penalty and whether it is imposed as a single amount or as an amount applicable to each day that the contravention or failure to comply has continued or will continue;
                                 (d)    the date on which the notice is issued;
                                 (e)    the date by which the administrative penalty must be paid;
                                 (f)    a statement that the person otherwise liable to pay the administrative penalty may, under section 57.3, appeal the imposition of or the amount of the administrative penalty, or both;
                                 (g)    any other information required by the regulations.
(5)  A notice of administrative penalty may be served within 3 years from the date on which the contravention or failure to comply is alleged to have occurred, but not afterward.
(6)  A notice of administrative penalty must be served on the person alleged to have contravened or failed to comply.
(7)  Except as otherwise provided in this Part, a person who has been served with a notice of administrative penalty shall pay the amount of the penalty within 30 days after the date on which the notice was served.
(8)  A person who pays an administrative penalty in respect of a contravention or failure to comply shall not be charged with an offence under this Act in respect of the contravention or failure to comply described in the notice of administrative penalty.
Discretion to suspend, reduce or withdraw
57.2   After imposing an administrative penalty under section 57.1, if the person served with a notice of administrative penalty has not submitted a notice of appeal and the Administrator is of the opinion that the person is taking reasonable measures to remedy the contravention or failure to comply, the Administrator may, in writing, as the Administrator considers appropriate, and in accordance with the regulations,
                                 (a)    suspend, reduce or withdraw the administrative penalty, and
                                 (b)    impose terms and conditions concerning a suspension.
Appeal of administrative penalty
57.3(1)  A person served with a notice of administrative penalty may appeal the imposition of or the amount of the administrative penalty, or both, by submitting a notice of appeal of administrative penalty in accordance with the regulations to the appeal body established or designated by the regulations.
(2)  Subject to the regulations, the appeal body referred to in subsection (1) may make rules governing its own procedure and business.
(3)  The Regulations Act does not apply to rules made under subsection (2).
(4)  The appeal referred to in subsection (1) shall be dealt with in accordance with the regulations and the rules made under subsection (2).
(5)  Any subsequent actions before a court following a notice of administrative penalty shall be dealt with in accordance with the regulations.
Enforcement of administrative penalty
57.4   Subject to the right to appeal, where a person fails to pay an administrative penalty in accordance with a notice of administrative penalty and any suspension or reduction of an administrative penalty referred to in section 57.2, the Administrator may file a copy of the notice of administrative penalty together with the written suspension or reduction of an administrative penalty, if any, with the clerk of the Court of Queen’s Bench, and on being filed, they have the same force and effect and may be enforced as a judgment of the Court.
 
44   Sections 19, 25, 31 and 41 come into force on Proclamation.