Acts and Regulations

98-41 - Administrative Penalties

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 98-41
under the
Clean Air Act
(O.C. 98-323)
Filed May 28, 1998
Under section 46 of the Clean Air Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Administrative Penalties Regulation - Clean Air Act.
Definitions
2In this Regulation
“Act” means the Clean Air Act;(Loi)
“alleged offender” means a person who is permitted or who may be permitted to pay an administrative penalty;(contrevenant présumé)
“environmental legislation” means the Clean Air Act, the Clean Environment Act, the Clean Water Act, the Pesticides Control Act and the regulations under them.(lois sur l’environnement)
Offences
3The offences in relation to which administrative penalties may be payable are those set out in Schedule A.
Degree of seriousness of alleged offence
4(1)Subject to subsections (2), (3) and (4), a Director who permits a person to pay an administrative penalty under section 31 of the Act in relation to an alleged offence has the discretion to determine the degree of seriousness of the alleged offence.
4(2)In determining the degree of seriousness of an alleged offence, the Director shall determine, in the opinion of the Director,
(a) whether the alleged offence constituted a minor, moderate or major deviation from the requirements of the statutory or regulatory provision allegedly breached, and
(b) whether the potential for adverse impact to the environment posed by the alleged offence was none or was minor, moderate or major.
4(3)A Director who has made the determinations required under subsection (2) shall establish a range for the daily administrative penalty in accordance with Schedule B.
4(4)Having established a range for an administrative penalty, the Director shall determine the amount of the daily administrative penalty within the range, which shall reflect
(a) the importance played by compliance in the administration of the Act and the regulations,
(b) the degree of wilfulness or negligence involved in the alleged offence,
(c) whether or not there was any mitigation in relation to the alleged offence,
(d) whether or not steps have been taken to prevent a recurrence of the alleged offence,
(e) whether or not the alleged offender has a history of non-compliance with environmental legislation,
(f) whether or not the alleged offender or another person benefited from the alleged offence, and
(g) any other factors the Director considers relevant.
Calculation of total amount of administrative penalty
5Subject to subsection 31(5) of the Act, the total amount of an administrative penalty set out in a written notice delivered to an alleged offender under subsection 31(3) of the Act shall be the product of
(a) the amount of the daily administrative penalty determined by the Director under this Regulation, and
(b) the number of days or parts of a day during which, in the opinion of the Director, the alleged offence continued.
Commencement provision
6This Regulation comes into force on July 1, 1998.
SCHEDULE A
OFFENCES IN RELATION TO WHICH ADMINISTRATIVE PENALTIES MAY BE PAYABLE
Legislation
Provision number
Clean Air Act
subsection 6(1)
subsection 18(2)
subsection 19(1)
subsections 22(2), (5) and (6)
section 24
section 43
 
Air Quality
subsections 3(1), (2) and (3)
Regulation -
subsection 5(1)
Clean Air Act
paragraphs 7(2)(a) and (b)
subsections 7(4) and (6)
subsection 9(1)
subsection 12(1)
subsections 14(1), (2) and (3)
subsections 16(2) and (3)
section 17
subsections 18(1) and (2)
subsection 19(1)
subsection 20(2)
subsections 21(1) and (2)
section 22
subsections 23(2) and (3)
subsections 27(1) and (3)
 
Ozone Depleting
subsections 4(1) and (2)
Substances
section 5
Regulation -
section 6
Clean Air Act
subsections 7(1), (4), (7) and (8)
subsections 8(1) and (2)
subsections 9(2) and (3)
subsection 10(1)
subsections 11(1) and (2)
section 12
section 13
subsections 14(1), (3) and (4)
subsections 15(2), (4), (5) and (6)
section 16
subsection 17(2)
section 18
subsections 19(1), (3), (4) and (5)
section 20
subsection 21(2), and paragraphs
21(3)(a) and (b)
subsections 22(2) and (3)
subsections 23(1), (2), (3) and (11)
2001-97
SCHEDULE B
 
RANGE OF DAILY ADMINISTRATIVE PENALTIES
DEVIATION FROM STATUTORY OR
REGULATORY PROVISION
MINOR
MODERATE
MAJOR
POTENTIAL
FOR
ADVERSE
IMPACT
NONE OR MINOR
$200-$1000
$1000-$1500
$1500-$2500
MODERATE
$1000-$1500
$1500-$2500
$2500-$3500
MAJOR
$1500-$2500
$2500-$3500
$3500-$5000
 
 
ÉCHELLE DES AMENDES ADMINISTRATIVES QUOTIDIENNES
TRANSGRESSION DE LA DISPOSITION
LÉGISLATIVE OU RÉGLEMENTAIRE
MINEURE
MODÉRÉE
IMPORTANTE
RISQUE
D’ATTEINTE
NÉFASTE 
NUL OU MINEUR
200 $-1 000 $
1 000 $-1 500 $
1 500 $-2 500 $
MODÉRÉ
1 000 $-1 500 $
1 500 $-2 500 $
2 500 $-3 500 $
IMPORTANT
1 500 $-2 500 $
2 500 $-3 500 $
3 500 $-5 000 $
N.B. This Regulation is consolidated to December 31, 2001.