British Columbia Order in Council — Order under Environmental Assessment, s (O.C. 138/2020)

O.C. 138/2020

British Columbia — Orders in Council

138 March 26, 2020 ADMINISTRATIVE PENALTIES ( ENVIRONMENTAL ASSESSMENT ACT ) REGULATION Definition In this regulation, “Act” means the Environmental Assessment Act. Assessment of administrative penalty 2

(1) In establishing the amount of an administ rative penalty in a particular case, the chief executive assessment officer 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) any previous contraventions or failures by, administrative penalties imposed on, or orders issued to the following: (

i) the person who is the s ubject of the determination; (ii) if the person is an individual, a corporation for which the individual is or was a director, officer or agent; (iii) if the person is a corporation, an 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 efforts to correc t 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 opi nion of the chief executive assessment officer, 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. Administrative penalty notice A determination served under

section 60 (1) of the Act must include the following: (

a) the name of the person or corporati on that is liable for the administrative penalty; (

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

c) the amount of the administrative penalty; (

d) an explanation of when and how the administrative penalty is to be paid. Date administrative penalty must be paid A person who is the subject of a determin ation must pay the administrative penalty within 30 days after the date the determination is served on the person. Prescribed provisions of Act 5

(1) A person who contravenes

section 6 (1) of the Act is liable to an administrative penalty not exceeding $750 000.

(2) A person who fails to comply with

section 6 (2) of the Act or a condition of an environmental assessment certificate is liable to an administrative penalty not exceeding $250 000.

(3) A person who fails to comply with

section 34 (5) of the Act or a requirement of an order made under the Act is liable to an administrative penalty not exceeding $100 000.

(4) A person who fails to comply with sec tion 10 (3), 30 or 49 (5) or (6) of the Act or who makes a statement or omits to make a statement as described in

section 60 (1) (

c) of the Act is liable to an administrative penalty not exceeding $50 000.

(5) A person who fails to comply with secti on 10 (1) of the Act is liable to an admin- istrative penalty not exceeding $2 000.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 138/2020
Type	order_in_council
Volume / chapter	arc oic 0138 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ccb3a4df9ba1e5b794aa77646afafab7089bbf02

Source file is stored in the law ingest library (pdf).