Administrative Penalty Regulation (Alta Reg. 140/2007)

© Published by Alberta Queen’s Printer E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca Alberta Queen’s Printer 7 th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 140/2007 With amendments up to and including Alberta Regulation 106/2015 CLIMATE CHANGE AND EMISSIONS MANAGEMENT ACT ADMINISTRATIVE PENALTY 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 consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. (Consolidated up to 106/2015) ALBERTA REGULATION 140/2007 Climate Change and Emissions Management Act ADMINISTRATIVE PENALTY REGULATION Table of Contents 1 Definition 2 Notice of administrative penalty 3 Penalty assessment 4 Payment of penalty 5 Expiry Schedule Definition 1 In this Regulation, “Act” means the Climate Change and Emissions Management Act. Notice of administrative penalty 2(1) The provisions set out in the Schedule are the provisions in respect of which a notice of administrative penalty may be given under section 38 of the Act. (2) A notice of administrative penalty must be given in writing and must contain the following information: (a) the name of the person required to pay the administrative penalty; (b) particulars of the contravention; (c) the amount of the administrative penalty and the date by which it must be paid; (d) a statement of the right to appeal to the Environmental Appeals Board given under section 42 of the Act. Penalty assessment 3(1) Subject to subsections (2) and (3), the amount of an administrative penalty for each contravention that occurs or Section 4 AR 140/2007 ADMINISTRATIVE PENALTY REGULATION 2 continues is $1500 but that amount may be increased or decreased by the director in accordance with subsection (2). (2) In a particular case, the director may increase or decrease the amount of the administrative penalty from the amount set out in subsection (1) on considering the following factors: (a) the severity of the contravention; (b) the degree of wilfulness or negligence in the contravention; (c) whether or not there was any mitigation relating to the contravention; (d) whether or not steps have been taken to prevent reoccurrence of the contravention; (e) whether or not the person who receives the notice of administrative penalty has a history of non-compliance; (f) any other factors that, in the opinion of the director, are relevant. (3) The maximum administrative penalty that may be imposed for the purposes of section 38(2)(a) of the Act is $7500 for each contravention or for each day or part of a day on which the contravention occurs and continues, as the case may be. AR 140/2007 s3;106/2015 Payment of penalty 4 A person who is served with a notice of administrative penalty shall pay the amount of the penalty within 30 days of the date of service of the notice. 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 December 31, 2017. AR 140/2007 s5;137/2014;226/2014;106/2015 Schedule Provisions in Respect of Which an Administrative Penalty is Payable 1 Climate Change and Emissions Management Act Schedule AR 140/2007 ADMINISTRATIVE PENALTY REGULATION 3 sections 23, 26 and 44(a), (b), (c), (d) and (e). 2 Specified Gas Emitters Regulation (AR 139/2007) sections 3.1(2), (3), (4) and (5), 6(2), 11, 15, 20 and 27(c), (d) and (e). 3 Specified Gas Reporting Regulation sections 3(1), 4 and 9(b) and (c). AR 140/2007 Sched;106/2015 Printed on Recycled Paper *9780779787067*