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Acts and Regulations

98-41 - Administrative Penalties

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Document at 21 September 2012

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,

(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 $