Administrative Penalties Regulation (Safety Codes Act) (Alta. Reg. 207/2017)

Alta. Reg. 207/2017

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 207/2017 With amendments up to and including Alberta Regulation 252/2025 Current as of December 1, 2025 SAFETY CODES ACT ADMINISTRATIVE PENALTIES REGULATION

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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 252/2025) ALBERTA REGULATION 207/2017 Safety Codes Act ADMINISTRATIVE PENALTIES REGULATION Table of Contents 1

Definitions

Part 1 Administrative Penalties 2 Information 3 Notice of administrative penalty 4 Service

Part 2 Appeals 5 Definition 6 Appeal board 7 Notice of appeal 8 Refusal to hear 9 Evidence 10 Decisions and directions 11 Publication 12 Judicial review

Part 3 General 13 Consequential amendment 14 E x p i r y 15 Coming into force

Definitions 1 In this Regulation, (a) “Act” means the Safety Codes Act; (b) “appeal board” means the Land and Property Rights Tribunal designated in

section 6(1), and includes a panel;

Section 2 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 2 (c) “permit issuer” has th e meaning given to it in Permit Regulation (AR 204/2007). AR 207/2017 s1;139/2021

Part 1 Administrative Penalties Information 2 For the purposes of the administration of administrative penalties, an Administrator (

a) may access and use inform ation that the Administrator considers to be necessary from the information system referred to in

section 58 of the Act, (

b) may request and use information that the Administrator considers to be necessary from (

i) a permit issuer or safety codes officer, (ii) an accredited municipality, (iii) an accredited corporation, (iv) an accredited agency, (

v) an accredited regional services commission, and (vi) the Alberta Safety Codes Authority, (

c) may place entries relating to administrative penalties and appeals of administrative penalties, including personal information that the Administrator considers to be necessary, on the relevant information systems referred to in

section 58 of the Act, and (

d) shall preserve confidentiality with respect to personal information, as defined in the Protection of Privacy Act, that comes to the Administrator’s attention under this Act and shall not disclose or communicate that information except as authorized by the Act. AR 207/2017 s2;182/2021;142/2025 Notice of administrative penalty 3 For the purposes of

section 57.1(4)(

g) of the Act, a notice of administrative penalty must advise the person subject to the administrative penalty that the imposition or the amount of the administrative penalty may be appealed

Section 4 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 3 (

a) within 30 days after the d ate on which the notice was served, and (

b) by filing with the appeal board a notice of appeal that complies with

section 7. Service 4(1) A notice of administrative penalty must be served (

a) in the case of an individual, (

i) by personal service, (ii) by leaving it for the individual with a person apparently at least 18 years of age at the individual’s current or most usual dwelling place, (iii) by sending it by registe red mail to the individual’s last known address, or (iv) by sending it by facsimile or other form of electronic transmission to the individual’s last known facsimile number or electronic address, a n d (

b) in the case of a corporation, (

i) by leaving it with a director, manager or officer of the corporation, or the president, chairperson or other head officer, by whatever name that person is known, of the corporation, (ii) by leaving it at the corpo ration’s registered office, (iii) by sending it by registe red mail to the corporation’s registered office, (iv) in the case of an extra-provincial corporation, by leaving it with, at the address of, or by sending it by registered mail to the address of (

A) the corporation’s attorney for service appointed as required by the Business Corporations Act, or (

B) the corporation’s prin cipal place of business in Alberta, o r

Section 5 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 4 (

v) by sending it by facsimile or other form of electronic transmission to the corporation’s last known facsimile number or electronic address.

(2) Service by registered mail is not invalid by reason only that (

a) the addressee refuses to accept the mail, (

b) the addressee returns the mail, (

c) the addressee refuse s to take delivery, or (

d) the addressee no longer resides or is otherwise not presen t at the address and has not provided the postal service with a current mailing address.

(3) An Administrator may apply to the appeal board for direction regarding the service of a notice of administrative penalty, including service in a manner or to a location not set out in this section.

(4) The service referred to in this

section is presumed to be effected on the date indicated in this subsection, unless the contrary is proved: (

a) in the case of a notice of a dministrative penalty sent by registered mail, on the date of delivery; (

b) in the case of a notice of a dministrative penalty sent by facsimile machine or e-mail, on the date the facsimile or e-mail was sent as confirmed by a record of successfully completed transmission; (

c) in any other case, on the date when the Administrator complies fully with the directions of the appeal board regarding the service.

Part 2 Appeals Definition 5 In this Part, “appeal” means the appeal of an administrative penalty referred to in

section 57.3 of the Act. AR 207/2017 s5;252/2025 Appeal board 6(1) For the purposes of

section 57.3 of the Act, the Land and Property Rights Tribunal is designated, and shall be referred to in this Regulation as the “appeal board”.

Section 7 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 5

(2) An appeal under this

section is a new trial of the issues that resulted in the administrative penalty being appealed.

(3) Except as provided in this Part, for the purposes of an appeal, (

a) all the powers, duties and functions of the appeal board, its chair, members and panels as set out in the Land and Property Rights Tribunal Act apply; (

b) repealed AR 252/2025 s3; (

c) sections 20, 20.1 and 21.1 of the New Home Buyer Protection Act apply.

(4) No action or other proceedings for damage lies or shall be instituted against the Crown or its employees or officers, a permit issuer, the appeal board, a member of the appeal board or an employee or person engaged by the appeal board for anything done or omitted to be done by any of them in good faith while exercising their powers and performing their duties under

Part 5.1 of the Act or this Part. AR 207/2017 s6;139/2021;252/2025 Notice of appeal 7(1) A notice of appeal referred to in

section 57.3 of the Act must be filed within 30 days after the date on which the notice of administrative penalty was served, in the form approved by the chair, and set out in writing (

a) the appellant’s name, m unicipal address and contact information, including an e-mail address, (

b) a copy of the decision, order or administrative penalty being appealed, (

c) the date the de cision, order or notice of administrative penalty was received by the appellant, (

d) any information contained in or on the decision, order or notice of administrative penalty that the appellant believes to be incorrect, and (

e) a brief description of the reasons for the appeal.

(2) A notice of appeal is deemed to be filed (

a) when it is received (

i) at an e-mail address specified by the chair, or (ii) at the address sp ecified by the chair,

Section 8 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 6 a n d (

b) when the filing fee referre d to in subsection (3) has been received.

(3) The filing fee for an appeal or for an application to intervene must be received by the appeal board within 7 days after the filing of the notice of appeal.

(4) A filing fee may be refunded to the person who paid the fee if (

a) the appeal board decides in favour of the person, or (

b) the Court decides in favour of the person in a subsequent action. Refusal to hear 8 The appeal board has no jurisdiction and shall refuse to hear an appeal, or any part of an appeal, that is based on the following reasons: (

a) that the Act, a regulation or a code or standard adopted under the Act is invalid; (

b) that the Administrator who issued the administrative penalty was improperly appointed; (

c) that any other person or body involved in the administration of the Act or this Regulation was improperly appointed or designated; (

d) that the Administrator lacks the authority necessary to issue administrative penalties. Evidence 9(1) The following evidence may be submitted to the appeal board by an Administrator, and is admissible without the attendance or affidavit of the permit issuer: (

a) copies of a permit issued by a permit issuer; (

b) copies or summaries of information provided by any person to the permit issuer; (

c) evidence indicating whether or not a permit was issued by the permit issuer.

(2) In the absence of proof to the contrary, the evidence referred to in subsection (1) shall constitute proof of the issuance of a permit

Section 10 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 7 and of the content contained in the copies or summaries submitted by the Administrator, as applicable. Decisions and directions 10 The appeal board may (

a) dismiss the appeal, (

b) vary the notice of administrative penalty, including (

i) the particulars of the c ontravention or failure to comply referred to in

section 57.1(4)(

b) of the Act, (ii) the Administrator’s finding under

section 57.1(4)(

c) of the Act, or (iii) the amount of the administrative penalty imposed, o r (

c) allow the appeal and give th e directions, if any, that the appeal board considers appropriate in the circumstances. Publication 11 The appeal board may publish its decisions, orders and reasons in any manner that the chair considers appropriate. Judicial review 12(1) Subject to the right to judicial review set out in this section, a decision of the appeal board under this

Part is final and conclusive.

(2) A decision of the appeal board may be judicially reviewed by the Court of King’s Bench in accordance with the Alberta Rules of Court (AR 124/2010) and this section.

(3) An originating application for judicial review must be filed with the Court and, not more than 60 days from the date when the appeal board’s decision was issued, must be served in accordance with the Alberta Rules of Court (AR 124/2010) on (

a) the appeal board, and (

b) every person or body direc tly affected by the application.

(4) If an applicant for judicial review makes a written request to the appeal board for materials for the purposes of the application,

Section 13 AR 207/2017 ADMINISTRATIVE PENALTIES REGULATION 8 the appeal board must provide the materials requested within 14 days from the date on which the written request is served.

(5) Within 30 days from the date that an application for judicial review is served, the appeal board must forward to the clerk of the Court of King’s Bench the certified record of proceedings prepared in accordance with

Part 3 of the Alberta Rules of Court (AR 124/2010).

(6) Unless otherwise ordered by the Court of King’s Bench, documents excluded by the appeal board from the public record of a hearing shall remain excluded from the public record on judicial review. AR 207/2017 s12;218/2022;252/2025

Part 3 General Consequential amendment 13(1) This

section amends the Permit Regulation (AR 204/2007).

(2) The following is added after

section 26(f): (

g) an administrative penalty has been issued, to the person who submitted the permit application, and was not paid within 30 days, if (

i) no appeal was filed under

section 57.3 of the Act, or (ii) an appeal was filed under

section 57.3 of the Act and the penalty was upheld in whole or in part. Expiry 14 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 1, 2031. AR 207/2017 s14;182/2021;252/2025 Coming into force 15 This Regulation comes into force on December 1, 2017.

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 207/2017
Type	regulation
Volume / chapter	2017 207
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1b7c5776d17f19763a187b56906434ec34c14607

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