OHS Act

Published Date: October 01, 2013
Bookmark this page

Section 40.3 Administrative penalties

(1) In this section, “regulated person” means

(a) a contractor;

(b) an employer;

(c) a prime contractor;

(d) a supplier;

(e) a worker.

(2) If an officer is of the opinion that a regulated person

(a) has contravened a provision of this Act, the regulations or an adopted code,

(b) has failed to comply with an order made under this Act, the regulations or an adopted code,

(c) has failed to comply with a term, condition or requirement of an acceptance issued under section 34, or

(d) has failed to comply with a term, condition or requirement of an approval issued under an adopted code,

the officer may, by notice in writing given to the regulated person, require the regulated person to pay to the Crown an administrative penalty in the amount set out in the notice.

(3) The amount set out in a notice of administrative penalty must not exceed

(a) $10 000, or

(b) in the case of a contravention or a failure to comply that continues for more than one day, $10 000 for each day or part of a day on which the contravention or failure to comply occurs or continues.

(4) A regulated person who pays an administrative penalty in respect of a contravention or a failure to comply shall not be charged under this Act with an offence in respect of the same contravention or failure to comply that is described in the notice of administrative penalty.

(5) A notice of administrative penalty may be given within 2 years after the alleged contravention or non-compliance occurs, but not afterwards.

(6) Subject to the right to appeal, where a regulated person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.