Acts and Regulations

C-5.2 - Clean Air Act

Section 31
Disposition versions

Full text
Administrative penalties
31(1)In this section
“acknowledgement form” means an acknowledgement form delivered to the Director in accordance with paragraph (4)(b);(formule admettant responsabilité)
“Director” means the person designated by the Minister to manage administrative penalties under this section.(directeur)
31(2)The Minister shall designate a person to act as the Director for the purposes of this section.
31(3)The Director, if of the opinion on reasonable and probable grounds that a person has violated or failed to comply with a provision of this Act or the regulations that is prescribed by regulation for the purposes of this section, may, within one year after the date of the commission of the alleged offence, in the Director’s discretion and in accordance with subsection (4) and the regulations, deliver to the person a written notice on a form provided by the Director, permitting the person to pay an administrative penalty in relation to the alleged offence.
31(4)A notice delivered to a person under subsection (3) shall indicate that the person may deliver to the Director or a person designated by the Director, on or before the deadline set out in the notice,
(a) payment of an administrative penalty in the total amount set out in the notice, calculated in accordance with the regulations for each day or part of a day during which the offence continues, and
(b) an acknowledgement form provided by the Director, completed and signed by the person and witnessed, in which is set out the provision number and the date of the alleged offence and the total amount of the penalty, an acknowledgement by the person that the person did violate or fail to comply with the provision and such other information as the Director requires.
31(5)The total amount of an administrative penalty set out in a notice under paragraph (4)(a) shall not exceed five thousand dollars.
31(6)The Director shall not deliver a notice to a person under subsection (3) in relation to an alleged offence if the person has been charged under this Act or the regulations with the same offence.
31(7)A person to whom a notice has been delivered under subsection (3) in relation to an alleged offence shall not be charged under this Act or the regulations with the same offence before the deadline set out in the notice has passed.
31(8)If a person pays an administrative penalty before the deadline set out in the notice and otherwise in accordance with this section in relation to an alleged offence,
(a) the person shall not be charged under this Act or the regulations with the same offence, and
(b) the payment shall constitute a full satisfaction, release and discharge of all fines and imprisonments that could have been imposed if the person had been convicted of the alleged offence in a court.
31(9)Completed and signed acknowledgement forms may be kept in a register and may be made available to the public.
31(10)If a person pays an administrative penalty in accordance with this section and is, in relation to a different set of facts, later charged with an offence under this Act or the regulations, the acknowledgement form completed and signed by the person shall, without limiting its admissibility, be admissible in court in relation to sentencing.
31(11)If a notice permitting payment of an administrative penalty is delivered to a person under subsection (3) and the person fails to pay all of the administrative penalty in accordance with the notice on or before the deadline set out in the notice, the Director shall not accept payment after the deadline and the person may be charged with the offence to which the notice relates.
31(12)A person may not appeal the amount of an administrative penalty or any other matter in relation to it.
31(13)No person shall be permitted to pay an administrative penalty in relation to an alleged offence if the person has paid an administrative penalty three times previously in relation to offences that, in the Director’s opinion, were the same as or substantially similar to the alleged offence.
Administrative penalties
31(1)In this section
“acknowledgement form” means an acknowledgement form delivered to the Director in accordance with paragraph (4)(b);
“Director” means the person designated by the Minister to manage administrative penalties under this section.
31(2)The Minister shall designate a person to act as the Director for the purposes of this section.
31(3)The Director, if of the opinion on reasonable and probable grounds that a person has violated or failed to comply with a provision of this Act or the regulations that is prescribed by regulation for the purposes of this section, may, within one year after the date of the commission of the alleged offence, in the Director’s discretion and in accordance with subsection (4) and the regulations, deliver to the person a written notice on a form provided by the Director, permitting the person to pay an administrative penalty in relation to the alleged offence.
31(4)A notice delivered to a person under subsection (3) shall indicate that the person may deliver to the Director or a person designated by the Director, on or before the deadline set out in the notice,
(a) payment of an administrative penalty in the total amount set out in the notice, calculated in accordance with the regulations for each day or part of a day during which the offence continues, and
(b) an acknowledgement form provided by the Director, completed and signed by the person and witnessed, in which is set out the provision number and the date of the alleged offence and the total amount of the penalty, an acknowledgement by the person that the person did violate or fail to comply with the provision and such other information as the Director requires.
31(5)The total amount of an administrative penalty set out in a notice under paragraph (4)(a) shall not exceed five thousand dollars.
31(6)The Director shall not deliver a notice to a person under subsection (3) in relation to an alleged offence if the person has been charged under this Act or the regulations with the same offence.
31(7)A person to whom a notice has been delivered under subsection (3) in relation to an alleged offence shall not be charged under this Act or the regulations with the same offence before the deadline set out in the notice has passed.
31(8)If a person pays an administrative penalty before the deadline set out in the notice and otherwise in accordance with this section in relation to an alleged offence,
(a) the person shall not be charged under this Act or the regulations with the same offence, and
(b) the payment shall constitute a full satisfaction, release and discharge of all fines and imprisonments that could have been imposed if the person had been convicted of the alleged offence in a court.
31(9)Completed and signed acknowledgement forms may be kept in a register and may be made available to the public.
31(10)If a person pays an administrative penalty in accordance with this section and is, in relation to a different set of facts, later charged with an offence under this Act or the regulations, the acknowledgement form completed and signed by the person shall, without limiting its admissibility, be admissible in court in relation to sentencing.
31(11)If a notice permitting payment of an administrative penalty is delivered to a person under subsection (3) and the person fails to pay all of the administrative penalty in accordance with the notice on or before the deadline set out in the notice, the Director shall not accept payment after the deadline and the person may be charged with the offence to which the notice relates.
31(12)A person may not appeal the amount of an administrative penalty or any other matter in relation to it.
31(13)No person shall be permitted to pay an administrative penalty in relation to an alleged offence if the person has paid an administrative penalty three times previously in relation to offences that, in the Director’s opinion, were the same as or substantially similar to the alleged offence.