PART VIII ELECTRICAL SAFETY
Administrative penalty
113.18.1 (1) A Director may, by order, impose an administrative penalty against a person in accordance with this section and the regulations made by the Minister if the Director is satisfied that the person has contravened or is contravening, (a) a prescribed provision of this Part or the regulations; (b) a restriction, limitation or condition imposed by a Director in respect of a prescribed authorization; or (c) a prescribed order of the Authority. 2021, c. 34, Sched. 9, s. 6. To whom payable (2) An administrative penalty is payable to the Authority. 2021, c. 34, Sched. 9, s. 6. Purpose (3) An administrative penalty may be imposed under this section for one or more of the following purposes: 1. To ensure compliance with this Part or the regulations. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention described in subsection (1). 2021, c. 34, Sched. 9, s. 6. Amount (4) The amount of an administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations made by the Minister, but the amount of the penalty shall not exceed $10,000. 2021, c. 34, Sched. 9, s. 6. Form of order (5) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the Authority determines. 2021, c. 34, Sched. 9, s. 6. Service of order (6) The order shall be served on the person against whom the administrative penalty is imposed in accordance with the regulations made by the Minister. 2021, c. 34, Sched. 9, s. 6. Absolute liability (7) An order made under subsection (1) imposing an administrative penalty against a person applies even if, (a) the person took all reasonable steps to prevent the contravention on which the order is based; or (b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. 2021, c. 34, Sched. 9, s. 6. No effect on offences (8) For greater certainty, nothing in subsection (7) affects the prosecution of an offence. 2021, c. 34, Sched. 9, s. 6. Other measures (9) Subject to subsection (16), an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Part or the regulations, including the application of restrictions, limitations or conditions to an authorization by a Director, the suspension or revocation of an authorization or the refusal to renew an authorization. 2021, c. 34, Sched. 9, s. 6. Limitation (10) A Director shall not make an order under subsection (1) more than two years after the day the Director became aware of the person’s contravention on which the order is based. 2021, c. 34, Sched. 9, s. 6. No hearing required (11) Subject to the regulations made by the Minister, a Director is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person. 2021, c. 34, Sched. 9, s. 6. Non-application of other Act (12) The Statutory Powers Procedure Act does not apply to an order made under subsection (1). 2021, c. 34, Sched. 9, s. 6. Appeal (13) For greater certainty, a person on whom an order imposing an administrative penalty is made may appeal the order in accordance with the regulations made under clause 15 (1) (c) of the Safety and Consumer Statutes Administration Act, 1996. 2021, c. 34, Sched. 9, s. 6. Enforcement (14) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2021, c. 34, Sched. 9, s. 6. Date of order (15) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. 2021, c. 34, Sched. 9, s. 6. Effect of paying penalty (16) If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Part in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2021, c. 34, Sched. 9, s. 6. Publication of orders (17) The Authority may publish any orders made under subsection (1), or if varied on appeal, any varied orders, on its website. 2021, c. 34, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 9, s. 6 - 01/04/2023