2016 Legislative Session: 5th Session, 40th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 15th day of March, 2016

Craig James, Clerk of the House

HONOURABLE BILL BENNETT

MINISTER OF ENERGY AND MINES AND MINISTER

RESPONSIBLE FOR CORE REVIEW

BILL 8 – 2016

MINES AMENDMENT ACT, 2016

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following sections:

Contraventions

36.1

(1) After giving a person an opportunity to be heard, the chief inspector may find on a balance of probabilities that the person has contravened or failed to comply with any of the following provisions:

(

a) a prescribed provision of this Act, the regulations or the code;

(

b) a provision of an order made under this Act;

(

c) a term or condition imposed under

section 10 (1.1), (2), (2.01), (3), (4) or (7), 17 (5) or 38 (4) of this Act.

(2) If a corporation contravenes or fails to comply with a provision referred to in subsection (1), a director, officer or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure also contravenes or fails to comply with the provision and is also liable to an administrative penalty under

section 36.2.

(3) If an employee, contractor or agent of a corporation contravenes or fails to comply with a provision referred to in subsection (1) in the course of carrying out the employment, contract or agency, the corporation also contravenes or fails to comply with the provision and is also liable to an administrative penalty under

section 36.2.

Administrative penalties

36.2

(1) If the chief inspector finds that a person has contravened or failed to comply with a provision referred to in

section 36.1 (1), the chief inspector may, after considering the prescribed matters, impose an administrative penalty on the person in an amount that does not exceed the prescribed limit.

(2) A person may be prosecuted under this Act for a contravention or failure in relation to which an administrative penalty has been imposed.

(3) In imposing a sentence for an offence under this Act, the court may consider an administrative penalty imposed in relation to the same matter.

(4) If a person is convicted of an offence under this Act, an administrative penalty may not be imposed on the person in respect of the same circumstances that gave rise to the conviction.

Notice of contravention or penalty

36.3 If the chief inspector finds that a person has contravened or failed to comply with a provision referred to in

section 36.1 (1) or if the chief inspector imposes an administrative penalty on the person under

section 36.2 (1), the chief inspector

(

a) must give to the person a notice of the decision, and the notice must

(

i) identify the contravention,

(ii) advise the person of his or her right to appeal the decision under

section 36.7, and

(iii) if an administrative penalty is being imposed, specify the amount of the penalty and the date by which the penalty must be paid, and

(

b) may make public the reasons for the decision and the amount of the penalty, if any.

Due date of penalty

36.4 A person on whom an administrative penalty is imposed under

section 36.2 must pay the penalty within 40 days after the later of the following dates, as applicable:

(

a) the date on which the notice referred to in

section 36.3 is given to the person;

(

b) if the person commences an appeal under

section 36.7, the date on which the notice referred to in

section 36.7 (4) (

b) is given to the person.

Enforcement of administrative penalty

36.5

(1) An administrative penalty constitutes a debt payable to the government by the person on whom the penalty is imposed.

(2) If a person fails to pay an administrative penalty as required under

section 36.4, the government may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if the notice were a judgment of that court.

Limitation period

36.6

(1) The time limit for giving a notice under

section 36.3 is 3 years after the date on which the act or omission alleged to constitute the contravention or failure to comply first came to the attention of the chief inspector.

(2) A certificate purporting to have been issued by the chief inspector and certifying the date referred to in subsection (1) is proof of that date.

Appeal

36.7

(1) In this section, "appeal tribunal" means a tribunal identified by regulation for the purposes of this section.

(2) A person to whom a notice has been given under

section 36.3 may appeal to the appeal tribunal a decision that is the subject of the notice.

(3) The time limit for a person to commence an appeal is 30 days after the date on which the notice under

section 36.3 is given to the person.

(4) On an appeal under subsection (2), the appeal tribunal

(

a) may confirm, vary or rescind the decision that is the subject of the notice, and

(

b) must notify the person of the decision made under paragraph (

a) of this subsection.

Section 37 (3) is amended by striking out " $100 000 " and substituting " $1 000 000 " and by striking out " one year " and substituting " 3 years ".

Section 38 (2) is amended by adding the following paragraphs:

(

m) prescribing provisions for the purposes of

section 36.1 (1) (a);

(

n) prescribing matters and limits for the purposes of

section 36.2 (1);

(

o) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;

(

p) prescribing the consequences of failing to pay an administrative penalty, which consequences may include, but are not limited to, imposing additional penalties;

(

q) for the purposes of

section 36.7, identifying a tribunal and specifying the provisions of the Administrative Tribunals Act that apply to the tribunal for the purposes of hearing appeals under this Act.

Commencement

4 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

By regulation of the Lieutenant Governor in Council

Section 3

By regulation of the Lieutenant Governor in Council

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c) Queen’s Printer, Victoria, British Columbia, Canada