Administrative Penalty Regulation (Emissions Management and Climate Resilience Act) (Alta. Reg. 140/2007)

Alta. Reg. 140/2007

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 140/2007 With amendments up to and including Alberta Regulation 271/2025 Current as of December 3, 2025 EMISSIONS MANAGEMENT AND CLIMATE RESILIENCE ACT ADMINISTRATIVE PENALTY REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 271/2025) ALBERTA REGULATION 140/2007 Emissions Management and Climate Resilience Act ADMINISTRATIVE PENALTY REGULATION Table of Contents 1 Definition 2 Notice of administrative penalty 3 Penalty assessment 4 Payment of penalty 5 E x p i r y

Schedule Definition 1 In this Regulation, “Act” means the Emissions Management and Climate Resilience Act. AR 140/2007 s1;148/2019 Notice of administrative penalty 2(1) The provisions set out in the

Schedule are the provisions in respect of which a notice of administrative penalty may be given under

section 38 of the Act.

(2) A notice of administrative penalty must be given in writing and must contain the following information: (

a) the name of the person required to pay the administrative penalty; (

b) particulars of the contravention; (

c) the amount of the administrative penalty and the date by which it must be paid; (

d) a statement of the right to appeal to the Environmental Appeals Board given under

section 42 of the Act. Penalty assessment 3(1) Subject to subsections (2) and (3), the amount of an administrative penalty for each contravention that occurs or

Section 4 AR 140/2007 2 ADMINISTRATIVE PENALTY REGULATION continues is $1500 but that amount may be increased or decreased by the director in accordance with subsection (2).

(2) In a particular case, the director may increase or decrease the amount of the administrative penalty from the amount set out in subsection (1) on considering the following factors: (

a) the severity of the contravention; (

b) the degree of wilfulness or negligence in the contravention; (

c) whether or not there was any mitigation relating to the contravention; (

d) whether or not steps have been taken to prevent reoccurrence of the contravention; (

e) whether or not the perso n who receives the notice of administrative penalty has a history of non-compliance; (

f) any other factors that, in the opinion of the director, ar e relevant.

(3) The maximum administrative penalty that may be imposed for the purposes of

section 38(2)(

a) of the Act is $7500 for each contravention or for each day or part of a day on which the contravention occurs and continues, as the case may be. AR 140/2007 s3;106/2015 Payment of penalty 4 A person who is served with a notice of administrative penalty shall pay the amount of the penalty within 30 days of the date of service of the notice. Expiry 5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on December 31, 2027. AR 140/2007 s5;137/2014;226/2014;106/2015;254/2017;229/2022

Schedule Provisions in Respect of Which an Administrative Penalty is Payable 1 Emissions Management and Climate Resilience Act

Schedule AR 140/2007 3 ADMINISTRATIVE PENALTY REGULATION - sections 23, 26 and 44(a), (b), (c), (

d) and (e). 1.1 and 2 Repealed AR 133/2019 s37. 3 Specified Gas Reporting Regulation (AR 251/2004) - sections 3(1), 4 and 9(

b) and (c). 4 Technology Innovation and Emissions Reduction Regulation (AR 133/2019) - sections 4(10), 5(14), 7(4) and (5), 12(1), (2) and (3), 13(3.1), (5), (6), (6.1), (6.2), (7), (8), (9), (10) and (12), 14(3), (4), (5) and (9), 15(1), (2), (3), (5) and (6), 16(1), (4) and (5), 18(1), (2) and (3), 20.3(4), 22(5) and (5.1), 26(1), (2), (3) and (4), 31(1), (2), (3), (4), (5) and (6) and 33(c), (d), (e), (e.1), (f), (

g) and (h). AR 140/2007 Sched;106/2015;255/2017;96/2018;133/2019; 148/2019;250/2022;271/2025

Printed on Recycled Paper *9780779858736*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 140/2007
Type	regulation
Volume / chapter	2007 140
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0563cd3ae282116f2ce1cbfdd1761847a766be57

Source file is stored in the law ingest library (pdf).