Administrative Penalty Regulation (Alta. Reg. 165/2013)

© Published by Alberta Queen’s Printer E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca Alberta Queen’s Printer 5 th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Extract Alberta Regulation 165/2013 OCCUPATIONAL HEALTH AND SAFETY ACT ADMINISTRATIVE PENALTY (OCCUPATIONAL HEALTH AND SAFETY ACT) REGULATION Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20 .* *The year of first publication of the legal materials is to be completed. Note All persons making use of this document are reminded that it has no legislative sanction. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. (no amdt) ALBERTA REGULATION 165/2013 Occupational Health and Safety Act ADMINISTRATIVE PENALTY (OCCUPATIONAL HEALTH AND SAFETY ACT) REGULATION Table of Contents 1 Definition 2 Notice of administrative penalty 3 Amount of administrative penalty 4 Time for payment 5 Expiry 6 Coming into force Definition 1 In this Regulation, “Act” means the Occupational Health and Safety Act. Notice of administrative penalty 2 A notice of administrative penalty must contain the following information: (a) the name of the regulated person who is required to pay the administrative penalty; (b) an identification of (i) the provision of the Act, the regulations or the adopted code that was contravened, or (ii) the order or the term or condition of the approval or acceptance that was not complied with, whichever is applicable; (c) a brief description of the nature of the contravention or failure to comply identified under clause (b); (d) the amount of the administrative penalty; (e) the date the notice of administrative penalty is issued; Section 3 AR 165/2013 ADMINISTRATIVE PENALTY (OCCUPATIONAL HEALTH AND SAFETY ACT) REGULATION 2 (f) the date by which the administrative penalty must be paid; (g) a statement describing the right to appeal to the Council under section 16 of the Act and particulars of how the appeal is to be made and the time within which it must be made. Amount of administrative penalty 3(1) Subject to section 40.3(3) of the Act, the amount of an administrative penalty for a contravention or a failure to comply is the amount set in accordance with this section by the officer giving the notice of administrative penalty. (2) In setting the amount of an administrative penalty for a contravention or a failure to comply, an officer shall consider (a) the seriousness of the contravention or failure to comply, and (b) the risk of harm resulting from the contravention or failure to comply and may consider any other factor the officer considers relevant. Time for payment 4(1) Subject to any stay that is in effect under section 16(7.1) or (9) of the Act, a regulated person who is required to pay an administrative penalty shall pay the amount of the administrative penalty on or before the date specified in the notice of administrative penalty. (2) The date referred to in subsection (1) must be one that is at least 30 days after the day on which the notice of administrative penalty is served. Expiry 5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on October 1, 2023. Coming into force 6 This Regulation comes into force on the coming into force of section 2(2), (6), (7), (9)(b) and (10) of the Protection and Compliance Statutes Amendment Act, 2012. Printed on Recycled Paper *9780779775873*