Any failure to do so is a contravention of the code - even if the failure is due to weather, insect infestation, or other factors beyond the licensee's control. As a result, the question of fault is important in selecting appropriate enforcement actions. If the licensee is not at fault, as in the case of the licensee who fails to reforest an area due to weather or insect infestation, administrative remedies are used to ensure the licensee fixes the problem or compensates the Crown. If the licensee is at fault, administrative remedies can also be used to ensure the licensee does not profit from a failure to meet a code requirement and to deter any recurrence. In cases of serious contraventions licensees may be prosecuted for an offence.
Monetary penalties are one of the administrative remedies available under the code.
The fact that a licensee has been assessed a monetary penalty means that a senior ministry official has determined that the licensee has failed to meet a requirement of the code. They can also be used as a disciplinary measure if the failure is caused by carelessness or misconduct. However, monetary penalties should not be confused with fines that can be imposed by a court if a licensee is prosecuted and convicted for an offence. The following compliance and enforcement statistics represent a snapshot in time. The ERA database is dynamic, and is updated daily to reflect the most current information.