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Volume 55, No. 23

316/2012

The British Columbia Gazette,

Part II

November 20, 2012

B.C. Reg. 316/2012 , deposited November 9, 2012, pursuant to the ENERGY AND MINES STATUTES AMENDMENT ACT, 2012 [section 48] and the UTILITIES COMMISSION ACT [sections 109.2 and 125]. Order in Council 731/2012, approved and ordered November 8, 2012.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that sections 36, 37, 40 (

b) and (c), 43, 44 and 46 of the Energy and Mines Statutes Amendment Act, 2012, S.B.C. 2012, c. 27, are brought into force and the attached Administrative Penalties Regulation is made.

— R. COLEMAN, Minister of Energy, Mines and Natural Gas and Minister Responsible for Housing and Deputy Premier ; M. POLAK, Presiding Member of the Executive Council .

ADMINISTRATIVE PENALTIES REGULATION

Definition

1 In this regulation, "Act" means the Utilities Commission Act .

Application

2 This regulation does not apply to a water utility, as defined in

section 1 of the Water Utility Act , unless the water utility is also a public utility under the Act, disregarding

section 4 (

a) of the Water Utility Act .

Penalties

(1) A person who contravenes

section 42, 43, 44 or 73 of the Act is liable to an administrative penalty not exceeding

(a) $500 000, if the person is a corporation, and

(b) $100 000, if the person is a director, officer or agent of a corporation that contravenes the section.

(2) A person who contravenes an order under

section 47 of the Act is liable to an administrative penalty not exceeding

(a) $200 000, if the person is a corporation, and

(b) $100 000, if the person is a director, officer or agent of a corporation that contravenes the section.

(3) A person who contravenes

section 71 or 71.1 of the Act is liable to an administrative penalty not exceeding $100 000.

(4) A person who contravenes a reliability standard adopted by the commission is liable to an administrative penalty not exceeding

(a) $1 000 000, if the person is a corporation, and

(b) $100 000, if the person is a director, officer or agent of a corporation that contravenes the reliability standard.

(5) A person who contravenes any

section of the Act other than those referred to in subsections (1) to (4) of this

section is liable to an administrative penalty not exceeding $25 000.

(6) Section 47 of the Act and all reliability standards adopted by the commission are prescribed for the purposes of

section 109.2 (2) of the Act.

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