Acts and Regulations

98-41 - Administrative Penalties

Section 4
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Full text
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.
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.