Acts and Regulations

2026-7 - Administrative Penalties

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2026-7
under the
Apprenticeship and Occupational Certification Act
(O.C. 2026-52)
Filed March 30, 2026
Under section 56 of the Apprenticeship and Occupational Certification Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Administrative Penalties Regulation – Apprenticeship and Occupational Certification Act.
Definition of “Act”
2In this Regulation, “Act” means the Apprenticeship and Occupational Certification Act.
Notice of administrative penalty
3(1)In this section, “business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act.
3(2)For the purposes of subsection 44(3) of the Act, an education and compliance officer may impose an administrative penalty by serving a notice of administrative penalty on the person required to pay the administrative penalty
(a) personally in accordance with the Rules of Court, or
(b) by registered mail, in which case it is deemed to be served five business days after the date on which it was mailed.
Time limit for service
4The notice of administrative penalty shall not be served by the education and compliance officer more than one year after the date on which the education and compliance officer first had knowledge of the contravention.
Content of administrative penalty
5A notice of administrative penalty must be in writing and contain the following information:
(a) the name of the person required to pay the administrative penalty;
(b) the provision that was contravened;
(c) the amount of the administrative penalty;
(d) how and when the administrative penalty must be paid; and
(e) a statement that a person affected by the decision to impose an administrative penalty may, within 14 days after receiving the notice of administrative penalty, request that the Director review the decision.
Administrative penalties
6(1)For the purposes of subsection 44(1) of the Act, the following provisions are prescribed:
(a) subsection 39(1) of the Act;
(b) section 40 of the Act;
(c) subsection 46(2) of the Act;
(d) subsection 47(1) of the Act; and
(e) section 50 of the Act.
6(2)The amount of an administrative penalty is as follows:
(a) in the case of a contravention of subsection 39(1) of the Act,
(i)  $5,000 for a first convention,
(ii)  $7,500 for a second contravention, and
(iii)  $10,000 for a third contravention;
(b) in the case of a contravention of section 40 of the Act,
(i)  $5,000 for a first convention,
(ii)  $7,500 for a second contravention, and
(iii)  $10,000 for a third contravention;
(c) in the case of a contravention of subsection 46(2) of the Act,
(i)  $500 for a first contravention,
(ii)  $1,000 for a second contravention, and
(iii)  $2,000 for a third contravention;
(d) in the case of a contravention of subsection 47(1) of the Act,
(i)  $500 for a first contravention,
(ii)  $1,000 for a second contravention, and
(iii)  $2,000 for a third contravention; and
(e) in the case of a contravention of section 50 of the Act,
(i)  $2,500 for a first contravention,
(ii)  $3,750 for a second contravention, and
(iii)  $5,000 for a third contravention.
6(3)Only contraventions for which administrative penalties have been imposed during the two years preceding the date of the contravention in question shall be counted for the purposes of determining whether a contravention is a first, second or third contravention for the purposes of subsection (2).
Deadline for payment of an administrative penalty
7A person required to pay an administrative penalty shall pay it within 30 days after receipt of the notice of administrative penalty unless the person requests a review under section 45 of the Act.
Review
8(1)For the purposes of subsection 45(1) of the Act, a request for review must be made to the Director within 14 days after receipt of the notice of administrative penalty.
8(2)The request for review must be in writing, must state the grounds for the review and must be accompanied by a copy of the notice of administrative penalty.
8(3)The Director shall conduct the review as soon as the circumstances permit after receipt of the request for review.
8(4)The Director shall not make a decision on the matter under review unless the Director has given the person who made the request for review an opportunity to make representations in writing, and the Director shall make a decision as soon as the circumstances permit after that.
Time limit for payment following a review
9If the decision to impose the administrative penalty is not rescinded following a review, the administrative penalty shall be paid within 30 days after the date of the decision of the Director.
Waiver of payment of the administrative penalty
10The Director may waive the payment of an administrative penalty if
(a) in the case of a contravention of subsection 46(2) of the Act, the person required to pay the administrative penalty has taken at least one of the following steps to achieve proper supervision of apprentices by journeypersons and a proper ratio of apprentices to journeypersons:
(i) hiring people who hold a certificate of qualification;
(ii) assisting existing staff members to obtain a certificate of qualification;
(iii) requesting from the Director authorization to employ an apprentice or additional apprentices; or
(iv) making arrangements for the supervision of apprentices as referred to in paragraph 46(4)(c) of the Act, or
(b) in the case of a contravention of subsection 47(1) of the Act, the person required to pay the administrative penalty has met, at least in part, as the case may be,
(i) the prerequisites for registration as an apprentice or pre-apprentice, or
(ii) the requirements to obtain
(A) a certificate of qualification,
(B) a diploma of apprenticeship,
(C) a work permit, or
(D) an improver card.
N.B. This Regulation is consolidated to March 30, 2026.