Acts and Regulations

2021-44 - Penalties Regulation

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2021-44
under the
Climate Change Act
(O.C. 2021-153)
Filed June 1, 2021
Under section 10 of the Climate Change Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Administrative Penalties Regulation – Climate Change Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Climate Change Act.(Loi)
“violation” includes a failure to comply.(contravention)
Administrative penalties
3Effective January 1, 2021, for the purposes of section 7.71 of the Act, the Minister may issue a notice of administrative penalty for a violation of any of the following provisions:
(a) section 7.11 of the Act;
(b) subsections 7.12(1) and (3) of the Act;
(c) subsection 7.2(1) of the Act;
(d) subsection 7.21(2) of the Act;
(e) subsection 7.3(2) of the Act;
(f) section 7.41 of the Act;
(g) subsection 7.5(1) of the Act;
(h) section 7.51 of the Act;
(i) subsection 7.8(4) of the Act;
(j) subsection 6(5) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(k) subsections 7(5), (6), (8) and (9) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(l) subsection 8(4) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(m) subsection 9(1) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(n) subsections 14(4) and (5) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(o) subsection 16(3) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(p) subsection 18(3) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(q) subsections 23(1) and (6) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(r) subsections 24(1) and (2) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(s) subsection 25(5) of the Reduction of Greenhouse Gas Emissions Regulation under the Act;
(t) section 26 of the Reduction of Greenhouse Gas Emissions Regulation under the Act.
Amount of administrative penalties
4(1)The amount of an administrative penalty shall be
(a) $1,000 for a first violation,
(b) $5,000 for a second violation, and
(c) $10,000 for a third or subsequent violation.
4(2)A violation of a provision of the Act, the regulations or the standards by a person shall be deemed to be a first violation if a period of three years has elapsed since the person was issued a notice of administrative penalty for any violation of the Act, the regulations or the standards.
Notice of administrative penalty
5(1)In this Regulation, “business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act.
5(2)A notice of administrative penalty referred to in section 3 shall include the following:
(a) the name of the person who is subject to the administrative penalty and of the industrial facility in question;
(b) the provision of the Act, the regulations or the standards that the person violated;
(c) a description of the violation;
(d) the date of the violation;
(e) the amount of the administrative penalty;
(f) the consequences for failing to respond to the notice;
(g) when and how to pay the administrative penalty; and
(h) that the person who is subject to the administrative penalty may appeal under section 6.
5(3)A notice of administrative penalty shall not be issued more than one year after the Minister first had knowledge of the violation.
5(4)Within 14 business days after the date of the issuance of a notice of administrative penalty, the Minister shall serve the notice on the person to whom it is directed in accordance with section 8.2 of the Act.
Appeal of administrative penalty
6(1)A person who is served with a notice of administrative penalty may appeal the administrative penalty to a judge of the Court of King’s Bench within 30 days after being served with the notice.
6(2)The judge may confirm or revoke the administrative penalty or may vary the amount of the administrative penalty if the judge is of the opinion that its amount was not determined in accordance with this Regulation.
2023, c.17, s.31
Payment of administrative penalty
7(1)Subject to subsection (2), a person shall pay an administrative penalty set out in a notice of administrative penalty within 30 days after being served with the notice.
7(2)If an appeal is brought by a person who was served with a notice of administrative penalty and the administrative penalty is confirmed or its amount is varied on a final disposition regarding the administrative penalty, the person shall pay the administrative penalty within 30 days after the date of the final disposition.
7(3)An administrative penalty is payable into the Fund.
Commencement
8(1)Sections 1 and 2 and 4 to 7 of this Regulation shall be deemed to have come into force on January 1, 2020.
8(2)Section 3 of this Regulation shall be deemed to have come into force on January 1, 2021.
N.B. This Regulation is consolidated to June 16, 2023.