British Columbia Order in Council — Order under Miscellaneous Statutes Amendment, s (O.C. 223/2024)

O.C. 223/2024

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 5 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) sections 6 to 8 of the Miscellaneous Statutes Amendment Act, 2023 , S.B.C. 2023, c. 2, are brought into force, and (

b) the attached Administrative Penalties ( Park Act) Regulation is made. Minister of Environment and Climate Change Strategy Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Miscellaneous Statutes Amendment Act, S.B.C. 2023, c. 2, s. 17 Park Act, R.S.B.C. 1996, c. 344, s. 29.01 Other: R10705411 223 May 3, 2024

page 2 of 5 ADMINISTRATIVE PENALTIES (PARK ACT) REGULATION

Definitions 1 In this regulation: “Act” means the Park Act; “contravention or failure” means (

a) a contravention of a pr escribed provision of the Act or the regulations, (

b) a failure to comply with an orde r under

section 17 or 33 (6) the Act, or (

c) a failure to comply with a term or condition of a permit issued under the Act. Notice of intent to impose administrative penalty 2

(1) If the minister intends to impose an administrative penalty in respect of an alleged contravention or failure by a person, th e minister must, before imposing the administrative penalty, give notice in writing to the person.

(2) The notice under subsection (1) must (

a) include (

i) the name of the person who is the subject of the notice, (ii) a description of the ci rcumstances that gave rise to the alleged contra- vention or failure, (iii) information respecting the person' s right to be heard under

section 3, and (iv) a preliminary assessment of th e amount of the administrative penalty that may be imposed, and (

b) identify (

i) the prescribed provi sion of the regulations the person is alleged to have contravened, or (ii) the term or condition of the orde r or permit the person is alleged to have failed to comply with. Opportunity to be heard 3

(1) A person wishing to be heard in accord ance with

section 27.1 (1) of the Act must make a request, in writing, to the minister within 30 days after the date the person receives the notice under

section 2.

(2) Subject to subsection (3), if a pers on requests an opportunity to be heard in accordance with subsection (1), the minister (

a) must conduct a written, electronic or oral hearing, or any combination of them, as the minister considers appropriate, and (

b) may (

i) determine the circumstances and place in which, and the process by which, the hearing is to be conducted, and

page 3 of 5 (ii) specify the form and content of materials to be provided for the hearing and when the materials must be provided.

(3) If a person does not provide material s to the minister in accordance with subsection (2) (b) (ii), the minister is not required to conduct a hearing.

(4) If, after giving an opportunity to be he ard, the minister decides not to impose an administrative penalty, the minister must give the person written notice of that decision. Notice of administrative penalty 4 A notice in respect of the imposition of an administrative penalty under

section 27.1 (1) of the Act must set out the following: (

a) the reasons for the decision; (

b) the name of the person who is lia ble for the administrative penalty; (

c) the contravention or failure in rela tion to which the administrative penalty is imposed; (

d) the amount of the administrative penalty; (

e) when the administrative penalty must be paid; (

f) the person's right to an appeal under

section 27.4 of the Act; (

g) the address of the appeal board. Correction of notice of administrative penalty 5

(1) Within 15 days after giving a person a notice of administrative penalty under

section 4, the minister may amend the notice to (

a) correct a typographical, an arithmet ical or another similar error, and (

b) correct an obvious error or omission.

(2) The discretion given to th e minister under subsection (1) is exercisable with or without a hearing and (

a) on the initiative of the minister, or (

b) at the request of the person who is the subject of the notice.

(3) If the minister corrects a notice under subsection (1), (

a) the minister must give notice in wr iting to the person who is the subject of the notice, and (

b) the correction does not take effect un til the date the person receives notice of the correction under paragraph (a). Assessment of administrative penalty 6

(1) In establishing the amount of an administ rative penalty in a particular case, the minister must consider the following matters, if applicable: (

a) the nature of the contravention or failure; (

b) the real or potential adverse effect of the contravention or failure; (

c) the history of compliance with the Act, the regulations under the Act and other environmental legislation of the following:

page 4 of 5 (

i) the person who is liable fo r the administrative penalty; (ii) if the person who is liable fo r the administrative penalty is an individual, a corporation for which the individual is or was a director, officer or agent; (iii) if the person who is liable for th e administrative penalty is a corpo- ration, any individual who is or was a director, officer or agent of the corporation; (

d) whether the contravention or failure was repeated or continuous; (

e) whether the contravention or failure was deliberate; (

f) any economic benefit derived by th e person from the contravention or failure; (

g) whether the person exercised due dili gence to prevent the contravention or failure; (

h) the person's cooperativeness and ef forts to correct the contravention or failure; (

i) the person's efforts to prevent recu rrence of the contravention or failure; (

j) any other factors that, in the op inion of the minister, are relevant.

(2) If a contravention or fail ure continues for more than one day, separate adminis- trative penalties, each not exceeding the applicable maximum administrative penalty, may be imposed for each day the contravention or failure continues. Date administrative penalty must be paid 7 A person who is given a notice of administrative penalty under

section 4 must pay the administrative penalty within 30 days after the later of the following: (

a) the date the notice of administ rative penalty is given to the person; (

b) if, under

section 5 of this regulati on, the notice of administrative penalty was corrected, the date the person receives notice of the correction; (

c) if, under

section 27.4 of the Act, the person appeals the imposition of an administrative penalty, (

i) the date the person receives a c opy of the order or decision of the appeal board, if the appeal board confirms or varies the adminis- trative penalty, or (ii) the date a new notice of admini strative penalty is served on the person, if the appeal board sends the matter back, with directions, to the minister. Enforcement of administrative penalty 8 If a person fails to pay an administrative penalty as required under

section 7, the person is not eligible to apply for a permit , or to amend a permit, until the penalty is paid in full.

page 5 of 5 Limitation period 9 A notice of intent to impos e an administrative penalty under

section 2 must not be given more than 3 years after the date evidence of the alleged contravention or failure first came to the knowledge of the minister. Failure to comply with term or condition of permit or order 10

(1) A person who fails to comply with a te rm or condition of a permit issued under the Act, other than a permit issued by a park board, is liable to an administrative penalty not exceeding $40 000.

(2) A person who fails to comply with an order made under

section 17 or 33 (6) of the Act is liable to an administrative penalty not exceeding $75 000. Prescribed provisions of Park, Conservancy and Recreation Area Regulation 11

(1) A person who contravenes any of sections 7, 8 (1) or (2), 11 (2) or (3), 12, 13, 16, 19 (3), (4) or (6), 23 (1) or (2), 36, 37 (1) or (2), 39 (1) or (2) or 42 of the Park, Conservancy and Recreation Area Regulat ion is liable to an administrative penalty not exceeding $10 000.

(2) A person who contravenes any of sections 5, 9 (1), 10 (2), 11 (1) or (4), 15, 17 (1) or (2), 18, 19 (1), 20, 21, 24 (1) or (3), 25, 26, 27 (2), 28, 29 (1) or (2), 30, 33 (1) or (2) or 38 of the Park, Conservancy and Recreation Area Regulation is liable to an administrative penalty not exceeding $25 000.

(3) A person who contravenes

section 3 (1) or 34 of the Park, Conservancy and Recreation Area Regulation is liable to an administra tive penalty not exceeding $75 000.

(4) A person who contravenes

section 4 or 32 (1) of the Park, Conservancy and Recreation Area Regulation is liable to an administra tive penalty not exceeding $500 000. Cancellation of administrative penalty not required 12 The minister is not required to cancel an administrative penalty even if the person on whom it was imposed demonstrates to the sa tisfaction of the minister that the person exercised due diligence to prevent the contravention or failure.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 223/2024
Type	order_in_council
Volume / chapter	arc oic 0223 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4b502d287946db72264fbf0fc919361b7ffe8910

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