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Chapter P-30.8 Current as of November 16, 2022 PROVINCIAL ADMINISTRATIVE PENALTIES ACT

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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. Regulations The following is a list of the regulations made under the Provincial Administrative Penalties Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Provincial Administrative Penalties Act Provincial Administrative Penalties .............. 217/2020 ......... 208/2021 (7/2022) NOTE: AR 7/2022 amends 208/2021, (75/2022) AR 75/2022 repeals 208/2021 Provincial Administrative Penalties Amendment Regulation Repeal ................ 75/2022 Provincial Administrative Penalties (Prescribed Enactments) .......................... 211/2020

1 PROVINCIAL ADMINISTRATIVE PENALTIES ACT

Chapter P-30.8 Table of Contents 1

Interpretation 2 Purpose of Act 3 Application of Act 4 Provision of tec hnical materials

Part 1 Contraventions 5 Issuance of notice of administrative penalty 6 Form of notice of adm inistrative penalty 7 Request for review 8 Failure to respond to notice o f administrative penalty or pay fine

Part 2 Reviews Division 1 Designation and Assignment of Adjudicators 9 Designation of adjudication branch 10 Designation of Director and adjudicators 11 Assignment of adjudicator Division 2 Records, Representations, Arguments and Evidence 12 Duty to provide reco rds to recipient 13 Records, representations, argum ents and evidence provided by recipient Division 3 Review 14 Document deemed made under oath 15 Date of review

Chapter P-30.8 2 PROVINCIAL ADMINISTRATIVE PENALTIES ACT 16 Means of review 17 Rules for review 18 Content of review 19 Failure to participate in or abandonment of review 20 Request for late review Division 4 Decision of Adjudicator 21 Decision of adjudicator 22 Copy of adjudicator’s decision 23 Delay in exceptional circumstances

Part 3 Judicial Review 24 Judicial review

Part 4 General Matters 25 Search warrants 26 Limitation period 27 Additional time to pay fine 28 Incomplete notice of administrative penalty 29 Application of money received 30 Civil recovery 31 Admissibility of confirmation of contravention 32 S i g n a t u r e s 33 Electronic signatures 34 Certified copies of documents

Part 5 Regulations 35 General regulations 36 Deficiency regulations 37 Consequential changes to regulations

Part 6 Consequential Amendments, Coordinated Amendment and Coming into Force 38-46 Consequential amendments 47 Coordinated amendment 48 Coming into force

Section 1

Chapter P-30.8 3 PROVINCIAL ADMINISTRATIVE PENALTIES ACT HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “adjudicator” means an emp loyee of the Crown designated as an adjudicator under

section 10; (b) “administrative penalty” includes a fine and any other administrative consequence, including, without limitation, a sanction, restriction, prohibition, requirement, condition, suspension, disqualification or cancellation imposed on a person for contravention of a prescribed enactment, but does not include imprisonment; (c) “contravention” includes, without limitation, (

i) a failure to comply with a restriction, prohibition, requirement, rule, direction, order, term or condition imposed by or under a prescribed enactment, (ii) conduct that is subject to sanction under a prescribed enactment, and (iii) any other action prescribed as a contravention under this Act or a prescribed enactment; (d) “Crown” means the Crown in right of Alberta; (e) “Director” means the head of the adjudication branch designated under

section 10; (f) “electronic document” means information or data that is created, recorded, transmitted or stored in digital form or in any other intangible form by electronic, magnetic or optical means or by any other means that have similar capabilities for creation, recording, transmission or storage, and includes any display, printout or other output of the information or data; (g) “enactment” means any Act , regulation, order or bylaw enacted in relation to any matter over which the Legislature has legislative authority; (h) “fine” means a monetary p enalty imposed in respect of a contravention;

Section 1

Chapter P-30.8 4 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (i) “medical information” means information provided or created by a person who is licensed or authorized by law to practise medicine in the place where the person practises; (j) “Minister” means, except in

section 10(1), the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (k) “notice of administrative penalty” means a notice of administrative penalty issued under

section 5; (l) “officer” means a peace officer and any person authorized under a prescribed enactment to enforce the enactment; (m) “peace officer” means (

i) a police officer under the Police Act, while the police officer is in the exercise or discharge of the police officer’s powers or duties, (ii) a member of a police service under the Police Act, while the member is in the exercise or discharge of the member’s powers or duties, (iii) a peace officer app ointed under the Peace Officer Act, while the peace officer is in the exercise or discharge of the peace officer’s powers or duties, (iv) a person who is employed or retained by the Government, a municipality or a Metis settlement and whose duties include written authorization to issue notices of administrative penalty, while the person is in the exercise or discharge of that duty and while the person is issuing a notice of administrative penalty, (

v) a park warden designated under the Parks Canada Agency Act (Canada) and a park warden or enforcement officer designated under the Canada National Parks Act (Canada), while they are in the exercise or discharge of their powers or duties in a national park established under the Canada National Parks Act (Canada), (vi) a person appointed under the National Defence Act (Canada) regulations for the purposes of

section 156 of the National Defence Act (Canada), while the person is in the exercise or discharge of the person’s powers or duties in a defence establishment as defined in that Act, and

Section 2

Chapter P-30.8 5 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (vii) any other person employed by a municipality, a Metis settlement, the Government of Alberta or the Government of Canada for the preservation and maintenance of the public peace, while the person is in the exercise or discharge of the person’s powers and duties; (n) “prescribed” means pr escribed by regulation; (o) “prescribed enactment” m eans an enactment prescribed under this Act as an enactment to which this Act applies; (p) “recipient” means a pe rson to whom a notice of administrative penalty is issued; (q) “request for review” means a request for review filed by a recipient under

section 7; (r) “review” means a review conducted under

Part 2; (s) “surcharge” means a surcharge under the Victims of Crime and Public Safety Act.

(2) In this Act, a reference to the issuance of a notice of administrative penalty to a person includes the service of that notice on that person. 2020 cP-30.8 s1;2020 cP-30.8 s47 Purpose of Act 2 The purpose of this Act is to (

a) adopt a simplified form and process for administratively enforcing contraventions, (

b) establish a consistent framework for the resolution of contraventions enforced by issuance of an administrative penalty, (

c) ensure that the process us ed to administratively enforce contraventions and the procedural safeguards applicable in administrative enforcement proceedings are proportionate to the regulatory nature of the contravention, (

d) resolve disputes in relatio n to administrative penalties in an expedient manner consistent with the procedural protections mandated by this Act, (

e) affirm that the consequences for a contravention enforced by issuance of an administrative penalty may not include imprisonment, and

Section 3

Chapter P-30.8 6 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

f) enhance access to justice by establishing an administrative enforcement process that can be readily understood and provides for a simple method of disputing a notice of administrative penalty. Application of Act 3(1) Subject to subsection (3), the regulations and any express provision in this or any other Act, this Act and the procedures under this Act apply to any case in which a person commits or is suspected of having committed a contravention for which that person may be liable to an administrative penalty.

(2) Subject to any express provision in another enactment, every person who commits a contravention is liable to an administrative penalty.

(3) This Act does not apply in respect of a contravention in respect of which an information has been laid or a violation ticket has been issued under the Provincial Offences Procedure Act.

(4) No person is liable to imprisonment as a consequence of a notice of administrative penalty. Provision of technical materials 4 The Director may, in accordance with the regulations or the regulations under a prescribed enactment, establish and maintain publicly accessible scientific, technical or medical information and documents in any format, which may be relied on as evidence in a review.

Part 1 Contraventions Issuance of notice of administrative penalty 5 An officer who has reasonable grounds to believe that a person has committed a contravention may issue a notice of administrative penalty to that person. Form of notice of administrative penalty 6 A notice of administrative penalty must be in a form and contain the content satisfactory to the Minister. Request for review 7(1) If a recipient wishes to dispute a notice of administrative penalty, the recipient shall, within 7 days after the notice of administrative penalty is issued, file with the Director a request for review in a form and containing the content satisfactory to the Minister and pay the prescribed fee.

Section 8

Chapter P-30.8 7 PROVINCIAL ADMINISTRATIVE PENALTIES ACT

(2) The filing of a request for review of a notice of administrative penalty does not stay the administrative penalty.

(3) A prescribed enactment may provide for relief for persons other than recipients who are affected by the imposition of an administrative penalty under this Act or a prescribed enactment. Failure to respond to notice of administrative penalty or pay fine 8 Subject to any extension granted under

section 27, if a recipient has not (

a) filed a request for review in accordance with

section 7, or (

b) paid any applicable fine an d any applicable surcharge to the Crown within the period specified by the regulations under this Act or under a prescribed enactment, the fine and any applicable surcharge and late payment charge, as specified in the regulations, are immediately payable to the Crown.

Part 2 Review Division 1 Designation and Assignment of Adjudicators Designation of adjudication branch 9 The Lieutenant Governor in Council may designate a part of the public service as an adjudication branch to conduct reviews under this Act. Designation of Director and adjudicators 10(1) The Minister responsible for an enactment pursuant to

section 16 of the Government Organization Act may designate any person as the Director of the adjudication branch for reviews under this Part of notices of administrative penalty issued with respect to contraventions of that enactment.

(2) The Director may designate employees of the Crown as adjudicators for the purposes of the reviews referred to in subsection (1).

(3) The Director may in writing delegate to any employee of the Crown any power, duty or function conferred or imposed on the Director by this Act.

Section 11

Chapter P-30.8 8 PROVINCIAL ADMINISTRATIVE PENALTIES ACT Assignment of adjudicator 11(1) The Director shall, after receiving a request for review and the prescribed fee, assign an adjudicator to conduct the review.

(2) A review shall be conducted by a single adjudicator. Division 2 Records, Representations, Arguments and Evidence Duty to provide records to recipient 12(1) The Director shall, after receiving a request for review and the prescribed fee, provide to the recipient, in accordance with the regulations, relevant records as prescribed in the regulations or the regulations under a prescribed enactment.

(2) Unless required by the regulations or the regulations under a prescribed enactment, the Director is not required to provide a recipient with any records, representations or arguments in respect of an alleged contravention beyond the records referred to in subsection (1).

(3) Where the Director is unable to provide relevant records in accordance with subsection (1), the Director may cancel the notice of administrative penalty. Records, representations and arguments provided by recipient 13(1) Subject to subsection (2) and the regulations or the regulations under a prescribed enactment, a recipient may provide to the Director records, representations, arguments or evidence in support of a request for review.

(2) Any written representations, written arguments or records provided as evidence must be provided to the Director at least 2 days before the date of the review.

(3) If the recipient does not provide the records, representations, arguments or evidence referred to in subsection (2) within the period specified in subsection (2), the adjudicator shall not consider those records, representations, arguments or evidence in the review. Division 3 Review Document deemed made under oath 14 A report, notes or other document confirmed by an officer in accordance with the regulations is deemed to have been made under oath.

Section 15

Chapter P-30.8 9 PROVINCIAL ADMINISTRATIVE PENALTIES ACT Date of review 15 Subject to

section 23, where a review has been requested and the prescribed fee has been paid, the Director shall

schedule a review, which must be held within 21 days from issuance of the notice of administrative penalty. Means of review 16(1) A review may be conducted orally or in writing as prescribed, but shall not be conducted in person.

(2) Oral reviews may be held by electronic means, including any method of telecommunication, in accordance with the regulations.

(3) No person may be cross-examined in a review of a notice of administrative penalty. Rules for review 17 The Director may set rules, prohibitions and limits for evidence and submissions under

section 13, including, without limitation, (

a) maximum numbers of pages or documents submitted, (

b) maximum duration for video and audio submissions, and (

c) types and for mats of content. Content of review 18(1) The burden of proof in a review is on the person requesting the review.

(2) An adjudicator may, in conducting a review, consider the following records, representations, arguments and evidence before making a decision: (

a) a copy of the notice of administrative penalty; (

b) any records, representa tions, arguments and evidence submitted by the recipient; (

c) the report of the officer who issued the notice of administrative penalty; (

d) any other relevant records and representations of the officer who issued the notice of administrative penalty or any other officer, including peace officers’ reports that have not been sworn or solemnly affirmed;

Section 19

Chapter P-30.8 10 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

e) any relevant scientific, t echnical or medical information and documents referred to in

section 4; (

f) any other prescribed evidence or information.

(3) The adjudicator may determine the weight to be given to any documents, records, representations or evidence.

(4) In conducting a review, the adjudicator is not bound by the rules respecting evidence applicable to judicial proceedings. Failure to participate in or abandonment of review 19(1) Subject to subsection (2), if a recipient, after filing a request for review, fails (

a) where the recipient requests an oral review, to attend at the review, or (

b) where the recipient requests a written review, to provide any material in support of the recipient’s request, the request for review is deemed to be abandoned, the notice is confirmed and any fine and any applicable surcharge and late payment charge are payable to the Crown in accordance with the regulations.

(2) Where a recipient requests an oral review and fails to attend at the review, but provides material in support of the request, the review must be conducted as a written review.

(3) At any time after a recipient has filed a request for review under

section 7 and before the time at which a review is scheduled, the recipient may abandon the request by (

a) notifying the Director, or (

b) paying the fine and any a pplicable surcharge and late payment charge to the Crown, and the notice of administrative penalty is confirmed. Request for late review 20(1) Notwithstanding sections 8 and 19, if a recipient wishes to request a late review of an administrative penalty under this section, the recipient may, within 12 months of the date the notice of administrative penalty is issued, file with the Director a request for review in a form and containing the content satisfactory to the Minister and pay the prescribed fee.

Section 21

Chapter P-30.8 11 PROVINCIAL ADMINISTRATIVE PENALTIES ACT

(2) The Director may accept a request for late review if the Director is satisfied that the recipient has prescribed exceptional circumstances for (

a) failing to file a request w ithin the period specified in

section 7, or (

b) failing to participate in a review as referred to in

section 19.

(3) The Director shall notify the recipient in writing of the decision under subsection (2) in accordance with the regulations or the regulations under a prescribed enactment.

(4) The date the Director notifies the recipient of the decision to accept the request under subsection (2) is deemed to be the date of the issuance of the notice of administrative penalty under

section 5. Division 4 Decision of Adjudicator Decision of adjudicator 21(1) After conducting a review, the adjudicator shall, subject to subsection (2), (

a) if the adjudicator is not sa tisfied that the grounds prescribed in the regulations or the regulations under a prescribed enactment for cancelling the notice of administrative penalty have been met, confirm the notice of administrative penalty, or (

b) if the adjudicator is satisfied that the grounds prescribe d in the regulations or the regulations under a prescribed enactment for cancelling the notice of administrative penalty have been met, cancel the notice of administrative penalty.

(2) Where the adjudicator is satisfied that a contravention was committed but (

a) the administrative penalty imposed for that contravention is applicable to a 2nd or subsequent contravention and the recipient has not previously committed that contravention, or (

b) the administrative penalty imposed for that contravention is applicable to a 3rd or subsequent contravention and the recipient has only committed a single contravention, the adjudicator may, subject to the regulations or the regulations under a prescribed enactment, substitute the administrative penalty

Section 22

Chapter P-30.8 12 PROVINCIAL ADMINISTRATIVE PENALTIES ACT applicable to that contravention under a prescribed enactment and confirm the notice of administrative penalty.

(3) If the adjudicator confirms the notice of administrative penalty, any fine and any applicable surcharge are payable to the Crown within the period specified by the regulations.

(4) If the adjudicator cancels the notice of administrative penalty, the following are to be repaid to the recipient: (

a) any fine imposed on and pa id by the recipient and any applicable surcharge on that fine; (

b) subject to subsection (5), any expenses or costs incurred by the recipient related to completing or satisfying any non-monetary portion of the administrative penalty imposed pursuant to the notice of administrative penalty.

(5) The expenses or costs referred to in subsection (4)(

b) must be specified under the enactment in respect of the contravention of which the notice of administrative penalty was issued. Copy of adjudicator’s decision 22(1) As soon as practicable after making a decision under

section 21, and, subject to

section 23, within 30 days of issuance of the notice of administrative penalty, the adjudicator shall provide a copy of the adjudicator’s decision to the recipient in the prescribed manner.

(2) Subject to

section 24, a decision of the adjudicator is final. Delay in exceptional circumstances 23(1) In exceptional circumstances prescribed in the regulations or the regulations under a prescribed enactment, the Director may extend the periods referred to in sections 15, 20(1), 22 and 27.

(2) Where the Director extends the period referred to in sections 15, 20(1), 22 and 27, the Director may provide relief as set out in the regulations or the regulations under a prescribed enactment.

Part 3 Judicial Review Judicial review 24(1) Subject to subsection (2), no decision or order of the Director or adjudicator is to be questioned or reviewed in any court by application for judicial review or otherwise, and no order is to be made, process entered or proceedings taken in any court, whether by way of certiorari, injunction, declaratory judgment,

Section 25

Chapter P-30.8 13 PROVINCIAL ADMINISTRATIVE PENALTIES ACT prohibition, mandamus, quo warranto, application to quash or set aside or otherwise, to question, review, prohibit or restrain any decision or order of the Director or adjudicator or any of the Director’s or adjudicator’s proceedings.

(2) A decision or order of the Director or adjudicator may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the application is filed with the Court of King’s Bench and served on the Director or adjudicator no later than 30 days after the date on which the decision or order was received by the applicant.

(3) On an application for judicial review under subsection (2), the standard of review is reasonableness. 2020 cP-30.8 s24;AR 217/2022

Part 4 General Matters Search warrants 25 Except to the extent that they are inconsistent with this Act, and subject to the regulations, all provisions of

Part XV of the Criminal Code (Canada) respecting search warrants and production orders apply in respect of every matter to which this Act applies. Limitation period 26(1) Subject to any express provision in another enactment, no notice of administrative penalty may be issued more than 12 months after the time when the alleged contravention occurred.

(2) In the case of a contravention that is of a continuing nature, a contravention constitutes a separate contravention in respect of each day or part of a day on which it continues, and no notice of administrative penalty may be issued more than 12 months after the last occurrence of the alleged contravention.

Additional time to pay fine 27 Subject to the regulations or the regulations under a prescribed enactment, the Director may, on application by a recipient within 30 days after a notice of administrative penalty is issued, grant the recipient an additional period of time to pay any fine imposed and any applicable surcharge. Incomplete notice of administrative penalty 28 Failure to complete any information required in a notice of administrative penalty does not affect the validity of a notice of administrative penalty or any part of it if (

a) the recipient is identif ied with reasonable clarity,

Section 29

Chapter P-30.8 14 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

b) the provision of the enactment the recipient is stated to have contravened is specified, (

c) the date on which the con travention is stated to have occurred is specified, and (

d) the place at or near which the contravention is stated to have occurred is specified. Application of money received 29(1) Subject to

section 8(5) of the Victims of Crime and Public Safety Act and any express provision in another enactment, the proceeds of a fine and any applicable surcharge under this Act belong to the Crown.

(2) Notwithstanding any other enactment, the proceeds of a late payment charge under this Act belong to the Crown.

(3) Where, under an enactment, (

a) the Crown collects an amo unt of money in respect of a penalty, fine or sum of money payable under the enactment or the proceeds of a forfeiture, and (

b) the amount collected by the Crown does not belong to the Crown, the Crown may, notwithstanding any Act and subject to the regulations, retain a portion of that amount to offset the expenses incurred by the Crown with respect to the collecting of penalties, fines, sums of money or forfeitures arising under any enactment or to fund programs that support or improve the administration of justice or government initiatives, and that portion that is retained by the Crown belongs to the Crown and shall be deposited in the General Revenue Fund. 2020 cP-30.8 s29;2020 cP-30.8 s47 Civil recovery 30(1) In this section, (a) “confirmation of contraven tion” means a form established by the Minister that confirms the commission of a contravention; (b) “reserve” and “band” have th e meanings assigned to them in the Indian Act (Canada).

(2) When a fine is imposed on a recipient and the fine is not paid within the longer of the period referred to in

section 8(

b) or the period allowed by the Director under

section 28, the Minister or a

Section 31

Chapter P-30.8 15 PROVINCIAL ADMINISTRATIVE PENALTIES ACT person authorized by the Minister may, by filing the confirmation of contravention, enter as a judgment in the Court of King’s Bench the amount of the fine and any applicable surcharge and late payment charge, and the judgment is enforceable against the recipient in the same manner as if it were a judgment rendered against the recipient in that Court in a civil proceeding.

(3) If an enactment provides that any fine or penalty imposed (

a) in respect of a contravention occurring in a city, town or village, enures to the benefit of the city, town or village, or (

b) in respect of a contravention occurring in a summer villag e, municipal district, Metis settlement or reserve, elsewhere than on a provincial highway under the Highways Development and Protection Act, enures to the benefit of the summer village, municipal district, Metis settlement or band, and the confirmation of contravention has not been entered as a judgment under subsection (2), an agent of the city, town, village, summer village, municipal district, Metis settlement or band, as the case may be, may enter the amount of a fine payable by the recipient for that contravention as a judgment under subsection (2). 2020 cP-30.8 s30;AR 217/2022 Admissibility of confirmation of contravention 31 A document that appears to be a confirmation of contravention as defined in

section 30(1) shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the document in any proceeding in respect of the alleged contravention set out in the document without proof of the signature or official character of the person who signed the document, if any.

Signatures 32 Where a document used under this Act is to be signed, that document, whether in electronic or non-electronic form, may, instead of being signed, be marked, subscribed, endorsed, acknowledged or given any other form of signification or be otherwise dealt with if so provided for under the regulations. Electronic signatures 33 A requirement under this Act that a document be signed is satisfied by an electronic signature only if (

a) the electronic signature identifies the person purporting to sign the document, (

b) the electronic signature relates to the document, and

Section 34

Chapter P-30.8 16 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

c) the electronic signature meet s the requirements set out in the regulations. Certified copies of documents 34 On the request by a person and payment of the prescribed fee, the Director may provide to that person a certified copy of any decision issued by an adjudicator that is requested by the person.

Part 5 Regulations General regulations 35(1) The Lieutenant Governor in Council may make regulations prescribing enactments to which this Act and the procedures under this Act apply.

(2) The Minister may make regulations (

a) respecting information to be included on a notice of administrative penalty; (

b) prescribing the amounts of fines imposed in respect of contraventions; (

c) respecting the imposition and amounts of applicable surcharges and late payment charges in respect of contraventions; (

d) respecting the payment of f ines, applicable surcharges and late payment charges to the Crown, including, without limitation, the period within which those payments must be made; (

e) permitting agents of the Cr own to receive payments of fees, fines and any applicable surcharges and late payment charges, including, without limitation, regulations (

i) governing the qualifications of and requirements to be met by persons who wish to act as agents of the Crown; (ii) governing the carrying out of duties and functions by those agents; (iii) governing the holding and handling of money by those agents; (iv) permitting an agent to carry out other functions on behalf of the Crown with respect to notices of administrative penalties;

Section 35

Chapter P-30.8 17 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

v) where an agent collects from a member of the public a voluntary payment, or otherwise provides a service to a member of the public in respect of a function carried out on behalf of the Crown, permitting the agent, for the agent’s own benefit, to charge and collect from that member of the public a service charge for collecting the voluntary payment or in respect of providing a service; (vi) respecting the maximum and minimum amounts that may be charged by agents as service charges; (

f) respecting the filing of requests for review with and the provision of records, representations and arguments to the Director; (

g) respecting the provision of relevant records to a recipient under

section 12, including, without limitation, providing for limits on the records; (

h) respecting the grounds for a request for review under sect ion 7 and for confirming or cancelling a notice of administrative penalty under

section 21; (

i) respecting the conduct of reviews, including, without limitation, regulations governing (

i) the procedure before an adjudicator; (ii) adjournments of matters before an adjudicator; (iii) the conduct of reviews by electronic means; (iv) the taking and acceptanc e of evidence under oath; (

v) the applicability of the rules of evidence in reviews; (vi) the receiving and r ecording of evidence; (vii) the prescribed evidence or information an adjudicator may consider under

section 18(2)(f); (

j) respecting requests for late reviews under

section 20; (

k) prescribing exceptional circumstances for the purposes of sections 15, 20, 22 and 27; (

l) respecting notifications by the Director to recipients of decisions under

section 20 and by the adjudicator to recipients of decisions under

section 22;

Section 35

Chapter P-30.8 18 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

m) respecting the substitution by an adjudicator of applicabl e administrative penalties under

section 21(2); (

n) respecting the relief the Di rector may provide under

section 23(2); (

o) respecting applications und er

section 27 for an additional period of time to pay fines and applicable surcharges in respect of contraventions, including, without limitation, prescribing the maximum number of days the Director may grant a recipient to pay a fine and any applicable surcharge; (

p) respecting the service, providing or sending of notices an d any other documents under this Act, including, without limitation, regulations (

i) respecting a recipien t’s address for service; (ii) respecting evidence of service of a notice of administrative penalty; (iii) respecting the deemed service of notices and documents; (

q) permitting and governing the use, processing and filing of electronic documents, including, without limitation, electronic notices of administrative penalty; (

r) governing, where electronic documents are used, the issuance and use of any non-electronic documents that correspond to those electronic documents; (

s) respecting the technologi cal standards that electronic signatures authorized under this Act must meet; (

t) establishing evidentiary presumptions in relation to electronic documents signed with electronic signatures; (

u) respecting documents , whether in electronic or non-electronic form, that are to be signed, including, without limitation, regulations (

i) governing the signing of those documents, which may include dispensing with any requirement that the documents be signed; (ii) providing for those documents, instead of being signed, to be marked, subscribed, endorsed, acknowledged or given any other form of signification or to be otherwise dealt with, and governing any matter relating to

Section 35

Chapter P-30.8 19 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (

A) the marking, subscribing, endorsing, acknowledging or signification of or dealing with those documents, and (

B) the effect to be given to those documents; (

v) notwithstanding anything in this Act, providing for and governing (

i) the carrying out of any functions under this Act by electronic means, and (ii) the creation, registratio n, issuance, service, transmittal, storage, recording, presentation and handling of documents under this Act by electronic means; (

w) respecting the fees payable with respect to any matter under this Act or the regulations, including, without limitation, respecting the refunding of those fees; (

x) respecting forms to be used under this Act or the regulations; (

y) respecting the collection, u se and disclosure of information, including personal information, for the purposes of this Act; (

z) respecting the confirmati on by an officer of documents under

section 14; (aa) respecting the applicability of provisions of

Part XV of the Criminal Code (Canada) respecting search warrants and production orders in respect of matters to which this Act applies; (bb) respecting confirmations of contraventions, including, without limitation, the use of confirmations in other proceedings; (cc) prescribing or otherwise specifying, in whole or in part, the enactments or the penalties, fines or sums of money or forfeitures to which

section 29(3) applies; (dd) respecting the portions of amounts that may be retained by the Crown under

section 29(3); (ee) prescribing anything required to be prescribed under this Act or that this Act refers to as prescribed; (ff) defining any word or expression used but not defined in t his Act;

Section 36

Chapter P-30.8 20 PROVINCIAL ADMINISTRATIVE PENALTIES ACT (gg) respecting any other matter or thing that the Minister considers necessary to carry out the intent of this Act. Deficiency regulations 36(1) The Lieutenant Governor in Council may make regulations in respect of matters coming under this Act that the Minister considers are not provided for or are insufficiently provided for in this Act.

(2) A regulation made under subsection (1) is repealed on the earliest of (

a) the coming into force of an amendment that adds the subject-matter of the regulation to this Act or any other enactment, (

b) the coming into force of a regulation that repeals the regulation made under subsection (1), and (c) 5 years after the regul ation comes into force.

(3) The repeal of a regulation under subsection (2)(

b) or (

c) does not affect anything done, incurred or acquired under the authority of that regulation before the repeal of that regulation.

(4) A regulation may not be made under subsection (1) after the expiration of 5 years from the day that this

section comes into force, but any regulation made under subsection (1) that is in force on the expiration of the 5-year period remains in force until it is repealed under subsection (2).

(5) A regulation may not be made under subsection (1) altering the provisions of subsection (2) or extending the 5-year period provided for in subsection (4). Consequential changes to regulations 37(1) The Lieutenant Governor in Council may, by regulation, amend any regulations filed under the Regulations Act to reflect changes made by this Act.

(2) An amendment made under subsection (1) may be made even though the regulation being amended was made by a member of the Executive Council or some other body or person.

Section 45

Chapter P-30.8 21 PROVINCIAL ADMINISTRATIVE PENALTIES ACT

Part 6 Consequential Amendments, Coordinated Amendment and Coming into Force Consequential Amendments 38 to 44 (These sections amend other Acts; the amendments have been incorporated into those Acts.) Repeals SA 2015 c13 45 The Traffic Safety (Distracted Driving Demerit) Amendment Act, 2014 is repealed. 46 (This

section amends another Act; the amendments have been incorporated into that Act.) Coordinated Amendment 47 (This

section amends this Act; the amendments have been incorporated into this Act.) Coming into Force Coming into force 48 This Act, except sections 43(1) and (10) and 44(1) and (16), comes into force on Proclamation. (NOTE: Sections 1 to 37, 39, 40, 42, 43(2) to (9) and (11) to (15), 44(2)(a)(ii) to (iv) and (b), (3) to (15) and (18) to (67) and 45 to 47 proclaimed in force December 1, 2020. Sections 38, 41, 44(2)(a)(

i) and (17) proclaimed in force March 31, 2021.)

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