Alberta Gazette — 15 April 2017 (Part II)
15 April 2017
Alberta — Gazette
Alberta Regulation 45/2017
Crown's Right of Recovery Act
CROWN'S RIGHT OF RECOVERY (PRESIDENT OF TREASURY
BOARD AND MINISTER OF FINANCE) AMENDMENT REGULATION
Filed: March 20, 2017
For information only: Made by the President of Treasury Board, Minister of Finance
(M.O. 11/2017) on March 16, 2017 pursuant to
section 40(3) of the Crown's Right of
Recovery Act.
1 The Crown's Right of Recovery (President of Treasury
Board and Minister of Finance) Regulation (AR 89/2012) is
amended by this Regulation.
Section 9 is repealed.
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Alberta Regulation 46/2017
Government Organization Act
MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 085/2017)
on March 21, 2017 pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs Grants Regulation (AR 123/2000) is
amended by this Regulation.
Section 2 is repealed and the following is substituted:
General authority to make grants
2 Subject to the Schedules, the Minister may make grants, in
accordance with this Regulation, for any purpose related to any
program, service or matter under the administration of the Minister.
Eligibility
2.1 Subject to the Schedules, the following are eligible to apply for
or receive a grant under this Regulation:
(
a) a person or organization engaged in research activities related
to municipal matters;
(
b) a person or organization that provides a service relating to
municipal matters;
(
c) an advisory committee appointed under the Municipal
Government Act or elected under the Special Areas Act;
(
d) a municipal corporation;
(
e) a regional services commission established under the
Municipal Government Act;
(
f) a person, organization or government body that is involved in
providing a program or service or dealing with a matter that
is under the administration of the Minister.
Applications for grants
2.2 An application for a grant must be made in a manner and form
satisfactory to the Minister.
Conditions
2.3 The following conditions apply to a grant:
(
a) that the recipient
(
i) account to the Minister, in the manner required by the
Minister, for the way in which the grant is spent in
whole or in part,
(ii) permit a representative of the Minister or the Auditor
General to examine any books or records that the
Minister or the Auditor General considers necessary to
determine how the grant has been or is being spent, and
(iii) provide to the Minister, on request, any information the
Minister considers necessary for the purpose of
determining whether or not the recipient has complied
or is complying with the conditions of the grant;
(
b) any other conditions imposed by the Minister.
Section 7 is amended by adding the following after
subsection (1):
(1.1) The Minister may vary
(
a) the purpose of a grant, or
(
b) a condition on which a grant is made.
Section 11 is repealed.
Schedule 1 is repealed.
Schedule 2 is amended in
section 1(3) by striking out
"2017" and substituting "2020".
7 This Regulation, except for
section 4, comes into force
on April 1, 2017.
--------------------------------
Alberta Regulation 47/2017
Government Organization Act
BOILERS DELEGATED ADMINISTRATION AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 086/2017)
on March 21, 2017 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Boilers Delegated Administration Regulation
(AR 32/2002) is amended by this Regulation.
Section 2(1)(
e) is amended by adding "40," after "38,"
Section 7(3)(
c) is amended by striking out "quality control
programs" and substituting "quality management systems".
Section 10 is amended by striking out "March 30, 2017"
and substituting "March 31, 2022".
5 This Regulation comes into force on March 31, 2017.
Alberta Regulation 48/2017
Farm Implement Act
FARM IMPLEMENT (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 087/2017)
on March 21, 2017 pursuant to
section 30 of the Farm Implement Act.
1 The Farm Implement Regulation (AR 204/83) is amended
by this Regulation.
Section 10 is amended by striking out "March 31, 2017"
and substituting "March 31, 2020".
--------------------------------
Alberta Regulation 49/2017
Youth Criminal Justice Act (Canada)
Youth Justice Act (Alberta)
YOUTH JUSTICE DESIGNATION AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 091/2017)
on March 21, 2017 pursuant to sections 18, 19, 53, 85 and 88 of the Youth Criminal
Justice Act (Canada) and
section 35 of the Youth Justice Act (Alberta).
1 The Youth Justice Designation Regulation (AR 322/2009)
is amended by this Regulation.
Section 2 is amended
(
a) in clause (
a) by repealing subclauses (vi) and (vii)
and substituting the following:
(vi) Director, Community Corrections and Release
Programs;
(vii) Manager, Community Corrections and Release
Programs;
(
b) by repealing clause (
b) and substituting the
following:
(
b) an employee of the City of Calgary, Calgary
Neighbourhoods, who holds a position with a title as
follows:
(
i) Director, Calgary Neighbourhoods;
(ii) Manager, Social Development;
(iii) Youth Justice Coordinator;
(iv) Team Lead, Youth Services;
Section 3(
c) is repealed and the following is substituted:
(
c) a probation officer in the City of Calgary, Calgary
Neighbourhoods, Social Development Division;
Section 12 is repealed.
--------------------------------
Alberta Regulation 50/2017
Child and Youth Advocate Act
CHILD AND YOUTH ADVOCATE (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 100/2017)
on March 21, 2017 pursuant to
section 21 of the Child and Youth Advocate Act.
1 The Child and Youth Advocate Regulation (AR 53/2012)
is amended by this Regulation.
Section 2 is amended by striking out "March 31, 2017" and
substituting "March 31, 2018".
Alberta Regulation 51/2017
Government Organization Act
INFRASTRUCTURE GRANTS AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 101/2017)
on March 21, 2017 pursuant to
section 13 of the Government Organization Act.
1 The Infrastructure Grants Regulation (AR 56/2003) is
amended by this Regulation.
Section 11 is repealed.
--------------------------------
Alberta Regulation 52/2017
Government Organization Act
TRANSPORTATION GRANTS AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 102/2017)
on March 21, 2017 pursuant to
section 13 of the Government Organization Act.
1 The Transportation Grants Regulation (AR 79/2003) is
amended by this Regulation.
Section 11 is repealed.
--------------------------------
Alberta Regulation 53/2017
Residential Tenancies Act
SUBSIDIZED PUBLIC HOUSING AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 104/2017)
on March 21, 2017 pursuant to
section 69 of the Residential Tenancies Act.
1 The Subsidized Public Housing Regulation (AR 191/2004)
is amended by this Regulation.
Section 7 is amended by striking out "March 31, 2017" and
substituting "March 31, 2020".
--------------------------------
Alberta Regulation 54/2017
Environmental Protection and Enhancement Act
ENVIRONMENTAL ASSESSMENT (MANDATORY AND EXEMPTED
ACTIVITIES) AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 105/2017)
on March 21, 2017 pursuant to
section 59 of the Environmental Protection and
Enhancement Act.
1 The Environmental Assessment (Mandatory and
Exempted Activities) Regulation (AR 111/93) is amended by
this Regulation.
Schedule 2 is amended by adding the following after
item (g):
(
h) the construction, operation or reclamation of a plant,
structure or thing for the generating of wind electric power or
solar electric power, with a total nominal capacity not
exceeding 1 megawatt.
3 This Regulation comes into force on the coming into
force of
section 21 of the Renewable Electricity Act.
--------------------------------
Alberta Regulation 55/2017
Public Lands Act
EXPLORATION DISPUTE RESOLUTION (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: March 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 108/2017)
on March 21, 2017 pursuant to
section 9 of the Public Lands Act.
1 The Exploration Dispute Resolution Regulation
(AR 227/2003) is amended by this Regulation.
Section 32 is amended by striking out "March 31, 2017"
and substituting "March 31, 2022".
--------------------------------
Alberta Regulation 56/2017
Public Lands Act
PUBLIC LANDS ADMINISTRATION (EXERCISE OF RIGHTS)
AMENDMENT REGULATION
Filed: March 27, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 106/2017)
on March 21, 2017 pursuant to sections 8, 9, 9.1, 71.1, 108 and 119 and jointly with
the Minister of Environment and Parks (M.O. 10/2017) on March 23, 2017 pursuant
to sections 28(2), 43(2), 62.1(2) and 104(4) of the Public Lands Act.
1 The Public Lands Administration Regulation
(AR 187/2011) is amended by this Regulation.
2 The following is added after
section 42:
Rights under
Part II of the Constitution Act, 1982
42.1 An individual may, while exercising a right recognized and
affirmed under
Part II of the Constitution Act, 1982 or a right under
section 12 of the Transfer Agreement, enter on and occupy vacant
public land without an access permit.
Section 43 is amended
(
a) by striking out ", other than an employee, agent or
contractor of the Government of Alberta who is carrying out
the person's duties,";
(
b) by striking out "or" at the end of clause (
b) and
adding the following after clause (b):
(b.1) where the person is carrying out duties as an employee,
agent or contractor of the Government of Alberta,
(
c) by adding "or" at the end of clause (
c) and adding
the following after clause (c):
(
d) where the person is exercising a right recognized and
affirmed under
Part II of the Constitution Act, 1982 or a
right under
section 12 of the Transfer Agreement or is
travelling to a location to exercise such a right.
Section 185 is amended
(
a) in subsection (1) by striking out "subsections (2) and
(3)" and substituting "subsections (2), (3), (8) and (9)";
(
b) by adding the following after subsection (7):
(8) Subsections (1)(b), (4), (6) and (7) do not apply to an
individual who is exercising a right recognized and affirmed
under
Part II of the Constitution Act, 1982 or a right under
section 12 of the Transfer Agreement or is travelling to a
location to exercise such a right.
(9) Subsection (3) does not apply to the operation of an
off-highway vehicle or snow vehicle by an individual who is
exercising a right recognized and affirmed under
Part II of the
Constitution Act, 1982 or a right under
section 12 of the
Transfer Agreement or is travelling to a location to exercise
such a right.
--------------------------------
Alberta Regulation 57/2017
Public Lands Act
PUBLIC LANDS ADMINISTRATION (GENERAL)
AMENDMENT REGULATION
Filed: March 27, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 107/2017)
on March 21, 2017 pursuant to sections 8, 9, 9.1, 71.1, 108 and 119 and jointly with
the Minister of Environment and Parks (M.O. 11/2017) on March 27, 2017 pursuant
to sections 28(2), 43(2), 62.1(2) and 104(4) of the Public Lands Act.
1 The Public Lands Administration Regulation
(AR 187/2011) is amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (
a) and substituting the
following:
(a) "access permit" means an authorization issued under
section 37;
(
b) by repealing clause (o)(ii), (xiii) and (xiv).
Section 9(1)(
f) is amended by striking out "limits" and
substituting "standards".
Section 14(2) and (3) are amended by striking out
"authorization" and substituting "approval".
5 Sections 16 and 21(1)(
e) are amended by striking out
"limits" and substituting "standards".
Section 30(
a) is repealed.
Section 36 is repealed.
Section 37 is amended
(
a) in subsection (1) by striking out "access permit
authorizing" and substituting "authorization for";
(
b) in subsection (2) by striking out "access permit" and
substituting "authorization under this section".
9 The following is added after
section 37:
Access permits for commercial purposes
37.1(1) A person must apply for and obtain an access permit before
entering on or occupying vacant public land for a commercial
purpose.
(2) Subsection (1) does not apply
(
a) to a holder of a disposition issued in respect of the vacant
public land,
(
b) to a holder of an exploration approval under the Exploration
Regulation (AR 284/2006) or the Metallic and Industrial
Minerals Exploration Regulation (AR 213/98) issued in
respect of the vacant public land,
(
c) to a holder of a timber disposition issued in respect of the
vacant public land,
(
d) to a holder of a registered fur management licence issued in
respect of the vacant public land, or
(
e) if the proposed entry and occupation is only for a purpose
described in an applicable disturbance standard as being
capable of being carried out on the vacant public land
without an access permit.
(3) Subsection (1) does not apply to the proposed entry or
occupation of a trail
(
a) to a holder of a disposition issued in respect of the trail,
(
b) to a holder of an exploration approval issued under the
Exploration Regulation (AR 284/2006) or the Metallic and
Industrial Minerals Exploration Regulation (AR 213/98) in
respect of the trail,
(
c) to a holder of a timber disposition issued under the Forests
Act in respect of the trail,
(
d) to a holder of a registered fur management licence issued
under the Wildlife Regulation (AR 143/97) in respect of the
trail, or
(
e) if the proposed entry and occupation is only for a purpose
described in an applicable disturbance standard as being
capable of being carried out on the trail without an access
permit.
Section 174 is amended
(
a) in clause (
g) by striking out "section 36(1)" and
substituting "section 37.1(1)";
(
b) in clause (ccc)
(
i) by repealing subclauses (i), (iv) and (vii);
(ii) by repealing subclause (viii) and substituting
the following:
(viii)
section 20(4);
(iii) by repealing subclauses (ix) to (xiv);
(iv) by repealing subclauses (xvi) and (xvii);
(
v) by repealing subclause (xxi) and substituting
the following:
(xxi)
section 47(4);
(vi) by repealing subclauses (xxii) to (xxv);
(
c) in clause (ddd)
(
i) by repealing subclause (i);
(ii) in subclause (ii) by striking out "59(1), (2)" and
substituting "59(2)".
Section 185(7) is amended by striking out "in a".
Section 209(e)(i)(
E) is amended by striking out "section
4(6)" and substituting "section 4(5)".
Section 245 is amended by striking out "March 31, 2017"
and substituting "March 31, 2027".
Schedule 4 is amended
(
a) in Part A
(
i) by repealing
section 1(1);
(ii) in
section 2 by striking out "forest recreation area"
and substituting "public land recreation area";
(
b) in Part B in
section 6 by striking out "forest recreation
area" and substituting "public land recreation area";
(
c) in
Part C
(
i) by repealing
section 9;
(ii) in
section 10 by striking out "forest recreation
area" and substituting "public land recreation area";
(
d) in Part D
(
i) by repealing
section 13;
(ii) in
section 14 by striking out "forest recreation
area" and substituting "public land recreation area";
(
e) in Part E by repealing sections 16 to 18;
(
f) in Part F by repealing sections 20(1) and (2) and 21
to 23;
(
g) in Part G by repealing sections 25 to 28;
(
h) in Part H by repealing sections 30(1) and (2), 31 and
32;
(
i) in Part O
(
i) by repealing sections 43(1) and (2), 44 and 45;
(ii) in
section 46 by striking out the following:
EXCEPT THEREOUT:
Big Horn Indian Reserve No. 144A.
Eagle Creek Forest Recreation Area.
Cutoff Creek Forest Recreation Area.
Hummingbird Forest Recreation Area.
Crescent Falls Forest Recreation Area.
Crescent Falls Provincial Recreation Area.
Ram Falls Provincial Recreation Area.
Kootenay Plains Ecological Reserve.
and substituting the following:
EXCEPT THEREOUT:
Big Horn Indian Reserve No. 144A.
Eagle Creek Public Land Recreation Area.
Cutoff Creek Public Land Recreation Area.
Hummingbird Public Land Recreation Area.
Crescent Falls Public Land Recreation Area.
Crescent Falls Provincial Recreation Area.
Ram Falls Provincial Recreation Area.
Kootenay Plains Ecological Reserve.
(
j) in Part P
(
i) by repealing sections 47(1) and (2) and 48 to
50;
(ii) in
section 51
(
A) by striking out "declared as Forest Recreation
Areas pursuant to
section 46 of the Forests Act";
(
B) by striking out "Panther Public Recreation
Area" and substituting "Panther Public Land
Recreation Area";
(
k) in Part Q by repealing
section 52;
(
l) in Part R in
section 55(2) by striking out "officer gives
written consent" and substituting "access permit
authorizes the person".
Schedule 5 is amended by striking out "Jumpingpound
Demonstration Public Land Forest Recreation Area" and
substituting "Jumpingpound Demonstration Public Land
Recreation Area".
Schedule 7 is amended by repealing sections 58 and
59(1) and (6).
--------------------------------
Alberta Regulation 58/2017
Public Lands Act
RECREATIONAL ACCESS AMENDMENT REGULATION
Filed: March 27, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 109/2017)
on March 21, 2017 pursuant to
section 9 and jointly with the Minister of Environment
and Parks (M.O. 14/2017) on March 17, 2017 pursuant to
section 62.1 of the Public
Lands Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 6(1) is amended by adding the following after
clause (d):
(d.1) the proposed use would involve the discharge of a firearm or
use of an explosive at a location that is unreasonably close to
a fenced pasture in which livestock of the agricultural
disposition holder are present in accordance with the terms
and conditions of the agricultural disposition and the Act;
Section 25 is amended by striking out "March 31, 2017"
and substituting "March 31, 2022".
Alberta Regulation 59/2017
Service Dogs Act
SERVICE DOGS QUALIFICATIONS REGULATION
Filed: March 30, 2017
For information only: Made by the Minister of Community and Social Services
(M.O. 2017-04) on March 28, 2017 pursuant to
section 5 of the Service Dogs Act.
Qualifications
1(1) A dog has the qualifications of a service dog for the purposes
of the Act if
(
a) the dog has successfully completed a training program
delivered by a school or institution that is accredited by, or
that has candidacy status with, Assistance Dogs International
Inc., or
(
b) the dog has successfully completed
(
i) a training program delivered by an organization
identified on the Qualified List referred to in this
section, or
(ii) a test administered by an organization identified on the
Qualified List referred to in this section.
(2) The Minister shall, by order, establish
(
a) a Qualified List, and
(
b) the Training Standards that must be met for an organization
to be eligible for the Qualified List.
(3) An organization may apply to the Minister, at the times and in the
form and manner satisfactory to the Minister, to be added to the
Qualified List.
(4) An organization referred to in subsection (3) shall include in its
application:
(
a) proof of incorporation;
(
b) proof that the organization holds sufficient insurance against
foreseeable claims and losses, including third party claims
and loss;
(
c) a description of the applicant's method for training service
dogs in accordance with the Training Standards;
(
d) any additional information required by the Minister.
(5) The Minister shall publish and maintain the Qualified List and the
Training Standards referred to in subsection (2) as the Minister
considers appropriate.
Repeal
2 The Service Dogs Qualifications Regulation (AR 197/2008) is
repealed.
Coming into force
Section 1(1)(b), (2), (3) and (4) come into force on August 1, 2017.
--------------------------------
Alberta Regulation 60/2017
Forest and Prairie Protection Act
FOREST AND PRAIRIE PROTECTION REGULATION
Filed: March 30, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 114/2017)
on March 29, 2017 pursuant to
section 41 of the Forest and Prairie Protection Act.
Table of Contents
1 Definition
General
2 Form of fire permit
3 Duties of the holder of a fire permit
4 Travel in land closed to public entry
5 Exemptions from firefighting or clean-up operations
Fire Prevention - General
6 Fires for cooking or warming purposes
7 Disposal of refuse on public land
8 Firearms, fireworks and exploding targets
9 Flare devices on public land
10 Engines in forest protection area
Fire Prevention - Industrial Operations
11 Industrial operations in or near forest protection area
12 Burning in forest protection area outside the fire season
13 Flare pits and flare tanks
14 Flaring gas
15 Pipelines endangered by fire
16 Incinerators
Administrative Penalties
17 Notice of administrative penalty
18 Penalty assessment
19 Payment of penalty
Repeal and Consequential Amendments
20 Repeal
21 Consequential amendments
Schedule
Definition
1 In this Regulation, "fire permit" means a fire permit issued under
section 19 of the Act.
General
Form of fire permit
2 A fire permit must be in the form approved by the Minister.
Duties of the holder of a fire permit
3 The holder of a fire permit who lights a fire under authority of the
permit shall
(
a) keep the fire under control at all times,
(
b) unless otherwise authorized by a forest officer or fire
guardian, ensure a responsible person is in attendance at the
site of the fire to supervise the fire until it has been
extinguished,
(
c) keep the fire permit at the site of the fire,
(
d) show the fire permit to a forest officer or fire guardian
immediately on request, and
(
e) extinguish the fire when the earliest of the following occurs:
(
i) the holder of the permit is ordered to extinguish the fire
under the Act;
(ii) the permit expires;
(iii) the permit is cancelled or suspended.
Travel in land closed to public entry
4(1) Notwithstanding
section 14(3) of the Act, a person who is a bona
fide resident of land closed to public entry may travel to and from that
person's home by the most direct route without obtaining a permit or
the written permission of a forest officer.
(2) A person who has obtained written permission or a permit to enter
land closed to public entry in accordance with
section 14(3) of the Act
shall travel by the most direct route to and from that person's
destination and shall show the permit or written permission to a forest
officer upon the officer's request.
Exemptions from firefighting or clean-up operations
5 The following persons are exempt from being required to assist in
fighting a fire or a clean-up operation under sections 13 and 30(
a) of
the Act:
(
a) a person for whom assisting in fighting a fire or a clean-up
operation will cause hardship in respect of the person's
health or livelihood or in respect of any legal obligations the
person may have to others;
(
b) a person who suffers from a physical, mental or other
infirmity that is incompatible with assisting in fighting a fire
or clean-up operations;
(
c) a person whose assistance in fighting a fire or clean-up
operations would be contrary to the public interest by reason
of that person's performance of essential services of public
importance that cannot reasonably be rescheduled or
performed by another during that person's absence.
Fire Prevention - General
Fires for cooking or warming purposes
6(1) A person who lights an outdoor fire for cooking or warming
purposes shall
(
a) light the fire on flat rock, gravel, sand, bare mineral soil, or
another non-combustible surface that extends at least one
metre around the fire,
(
b) ensure a responsible person is in attendance at the site of the
fire to supervise the fire until it has been extinguished, and
(
c) have at the site a sufficient supply of water to extinguish the
fire.
(2) A person who uses an outdoor fire for cooking and warming
purposes shall
(
a) keep the fire under control at all times, and
(
b) extinguish the fire before leaving the site of the fire, unless
there is another person continuing to use the fire.
Disposal of refuse on public land
7 A person shall not discard refuse that could reasonably be expected
to create a fire hazard on public land in an area or facility that is not
designated for the disposal of refuse.
Firearms, fireworks and exploding targets
8(1) In this section, "exploding target" includes an incendiary target,
binary target and any container holding explosive substances.
(2) No person shall do the following in a forest protection area, unless
that person has the written permission of a forest officer:
(
a) discharge a firearm using tracer ammunition;
(
b) discharge a firearm using incendiary ammunition;
(
c) discharge or ignite fireworks;
(
d) shoot, ignite or detonate an exploding target;
(
e) handle or store fireworks or exploding targets in a manner
that may cause them to be discharged or ignited.
(3) A person who discharges a firearm, discharges or ignites fireworks
or shoots, ignites or detonates an exploding target shall immediately
extinguish all burning residue from the firearm, fireworks or exploding
target.
Flare devices on public land
9(1) Subject to subsection (2), a person shall not ignite a flare device,
or handle or store a flare device in a manner that may cause it to ignite,
on public land.
(2) In the event of an emergency, a person may ignite a flare device on
public land.
(3) A person who ignites a flare device shall immediately extinguish
all burning residue from the flare device.
Engines in forest protection area
10(1) No person shall operate an engine in a forest protection area
unless the engine is equipped with one of the following in working
order:
(
a) a device for arresting sparks, or
(
b) a muffler.
(2) No person shall allow a running or hot engine to come into contact
with combustible material.
Fire Prevention - Industrial Operations
Industrial operations in or near forest protection area
11 An owner or operator of an industrial operation or industrial camp
located in or within one kilometre of a forest protection area shall,
unless otherwise authorized by a forest officer,
(
a) keep the area in which the industrial operation or industrial
camp is located clear of all timber, vegetation and
combustible material,
(
b) maintain a cleared distance of not less than 30 metres
between the industrial operation or industrial camp and the
closest standing timber, and
(
c) maintain a clear, bare mineral soil surface extending at least
8 metres around any burner, pit or other source of fire.
Burning in forest protection area outside the fire season
12(1) An owner or operator of an industrial operation or industrial
camp located in a forest protection area at which burning of debris is
carried on outside the fire season shall ensure that the operation or
camp is patrolled daily for fire in accordance with subsection (2).
(2) The patrol referred to in subsection (1) must commence at least
one week before operations cease at the site and end no earlier than the
first day of June.
(3) A forest officer may, in writing, vary the frequency and period of
the patrol provided for by subsection (2).
Flare pits and flare tanks
13 No person shall burn any material or substance produced from an
oil or gas well in a flare pit or flare tank unless
(
a) an area extending at least 30 metres around the flare pit or
flare tank is clear of all debris and combustible material,
unless otherwise specified by a forest officer,
(
b) there is a clear, bare mineral soil surface extending at least 8
metres around the flare pit or flare tank,
(
c) the flare pit or flare tank is constructed so that burning debris
cannot escape from the flare pit or flare tank at any time, and
(
d) the discharge tip of the flare line is directed into the flare pit
or flare tank at an angle of not less than 30 degrees below
horizontal.
Flaring gas
14 No person shall flare gas at the end of a vertical pipe unless the
base of the vertical pipe is located at least 30 metres, or such other
distance as may be specified by a forest officer, from any timber,
vegetation or combustible material.
Pipelines endangered by fire
15(1) In this section,
(a) "installation" means an installation as defined in the Pipeline
Act;
(b) "licensee" means a licensee as defined in the Pipeline Act
and includes any agent of the licensee approved under
section 19 of the Pipeline Act;
(c) "pipeline" means a pipeline as defined in the Pipeline Act,
but does not include a pipe used to convey water.
(2) The licensee of a pipeline or an installation that is endangered by a
fire shall, as soon as the licensee knows or ought to know of the fire,
unless otherwise approved by the Minister,
(
a) immediately shut off every well supplying the pipeline,
(
b) immediately depressurize every pipeline located within one
kilometre of the fire, and
(
c) notify the Minister in writing when the licensee has complied
with the requirements of clauses (
a) and (b).
(3) A licensee who is required to comply with subsection (2) shall not
repressurize the pipeline until the licensee is notified in writing by the
Minister that the licensee may do so.
Incinerators
16 No person shall operate an incinerator in a forest protection area
unless
(
a) the incinerator meets the following specifications:
(
i) the incinerator must be fully enclosed and constructed
entirely of material that is not combustible;
(ii) the draft and smoke vents of the incinerator must be
covered with a heavy gauge metal screen with mesh
openings not greater than 6 square millimetres,
and
(
b) the incinerator is
(
i) located on an area of bare rock, gravel, sand, bare
mineral soil, concrete or other non-combustible surface
extending at least 3 metres around the base of the
incinerator; and
(ii) located at least 30 metres from any timber, vegetation or
combustible material.
Administrative Penalties
Notice of administrative penalty
17(1) A notice of administrative penalty referred to in
section 37.5 of
the Act may be given in respect of the following:
(
a) a failure to comply with a term or condition of a fire permit;
(
b) a failure to comply with an order under
section 26(1) or 26.2
of the Act;
(
c) a contravention of a provision of the Act or a regulation
made under the Act as set out in the Schedule.
(2) A notice of administrative penalty must be given in writing and
must contain the following information:
(
a) the name of the person required to pay the administrative
penalty;
(
b) particulars of the contravention;
(
c) the amount of the administrative penalty and the date by
which it must be paid.
Penalty assessment
18 Subject to
section 37.5(3) of the Act, the director may determine
the amount of an administrative penalty by considering the following
factors:
(
a) the severity of the contravention;
(
b) any adverse effects caused by the contravention;
(
c) the degree of wilfulness or negligence in the contravention;
(
d) whether there was any mitigation relating to the
contravention;
(
e) whether steps have been taken to prevent reoccurrence of the
contravention;
(
f) whether the person who receives the notice of administrative
penalty has a history of non-compliance;
(
g) whether the person who receives the notice of administrative
penalty has derived any economic benefit from the
contravention;
(
h) any other factors that, in the opinion of the director, are
relevant.
Payment of penalty
19 A person who is served with a notice of administrative penalty
shall pay the amount of the penalty within 30 days of the date of
service of the notice.
Repeal and Consequential Amendments
Repeal
20 The Forest and Prairie Protection Regulations,
Part I
(AR 135/72) are repealed.
Consequential amendments
21 The Timber Management Regulation (AR 60/73) is
amended
(
a) in
section 100(1)(
g) by striking out "The Forest and
Prairie Protection Regulations,
Part II" and substituting
"the Forest and Prairie Protection (Ministerial) Regulation";
(
b) in
section 142.8(
c) by striking out "The Forest and
Prairie Protection Regulations,
Part II (Alta. Reg. 310/72)"
and substituting "the Forest and Prairie Protection
(Ministerial) Regulation";
(
c) in
section 148 by striking out "lying south of an
imaginary line described in Appendix "A" of the Forest and
Prairie Protection Regulations
Part II".
Schedule
Provisions in Respect of Which an
Administrative Penalty is Payable
An administrative penalty is payable in respect of a contravention of
any of the following:
Forest and Prairie
Protection Act
Forest and Prairie
Protection Regulation
Forest and Prairie Protection
(Ministerial) Regulation
11(3)(a)
2(1)
14(3)(
a) and (b)
4(2)
2(2)
6(1) and (2)
18(1), (2) and (3)
8(2) and (3)
9(1) and (3)
6(1) and (2)
21(3)
10(1) and (2)
23(1)
9(2)
11(1) and (4)
26.1
15(2) and (3)
31.3(2)
32(2.2)
Alberta Regulation 61/2017
Judicature Act
JUSTICES OF THE PEACE 2017 COMPENSATION
COMMISSION REGULATION
Filed: March 30, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 117/2017)
on March 29, 2017 pursuant to
section 42 of the Judicature Act.
Table of Contents
Definitions
2 Establishment of 2017 Commission
3 Composition, etc., of Commission
4 Role of Commission
5 Commission expenses
6 Presentation of report to Minister and Society
7 Amendment of report
8 Lieutenant Governor in Council's decision on the report
9 Effect of recommendations on Crown
10 Public notice of inquiry
11 Pre-inquiry meeting
12 Inquiry procedure
13 Criteria for recommendations
14 Voluntary meetings
15 Provision of order in council and legislation to justices
16 Confidentiality of the report
17 Society's costs of making submissions
18 Judicial review
19 Service of notices
20 Expiry
21 Commencement
Definitions
1 In this Regulation,
(a) "Commission" means the 2017 Alberta Justices of the Peace
Compensation Commission established by
section 2 and
"commissioner" means a member of the Commission;
(b) "compensation" means remuneration and benefits;
(c) "inquiry" means the inquiry referred to in
section 4(1);
(d) "justices" means persons appointed (including reappointed)
as justices of the peace under the Justice of the Peace Act and
whose appointments are designated as full-time or part-time
or are on an ad hoc basis;
(e) "reasons" means written explanations that meet the
justification standard under the Constitution of Canada used
to evaluate decisions of a government to depart from a
recommendation of an independent body regarding judicial
compensation;
(f) "recommendations" means the recommendations referred to
section 4(2);
(g) "Society" means The Society of the Justices of the Peace in
Alberta;
(h) "the Minister" means the Minister of Justice and Solicitor
General;
(i) "the report" means the report of the Commission presented or
to be presented under
section 6 except that, if an amended
report is or is to be presented under
section 7(2), it means
that amended report.
Establishment of 2017 Commission
2 The 2017 Alberta Justices of the Peace Compensation Commission
is established.
Composition, etc., of Commission
3(1) The Commission is to consist of
(
a) one commissioner appointed by the Minister,
(
b) one commissioner appointed by the Minister on the
nomination of the Society, and
(
c) one commissioner appointed by the Minister on the
nomination of the commissioners appointed under clauses (
a) and (b).
(2) The commissioner appointed under subsection (1)(
c) is to be the
chair of the Commission.
(3) If a commissioner dies, resigns or is unable or unwilling to
discharge his or her responsibilities, the Minister shall appoint a
replacement, which appointment, in the case of subsection (1)(
b) or
(c), is to be made only after receiving the applicable nomination.
(4) Subject to subsection (5),
(
a) active judges,
(
b) justices,
(
c) members of the Legislative Assembly,
(
d) members of boards, commissions and other bodies appointed
by the Lieutenant Governor in Council or by any minister of
the Crown,
(
e) other persons who hold office by way of an appointment by
the Lieutenant Governor in Council or by a minister, and
(
f) employees within the meaning of the Public Service Act
may not be commissioners.
(5) A person referred to in subsection (4)(d), (
e) or (
f) may be the
commissioner referred to in
(a) subsection (1)(
b) or (c), or
(b) subsection (1)(
a) if the Society approves the appointment in
writing.
Role of Commission
4(1) The Commission shall conduct an inquiry respecting the
appropriate level of compensation for justices with a view to preparing
the report.
(2) The Commission shall, in the report, make recommendations
respecting the compensation of the justices for the period April 1, 2017
to March 31, 2021, the effective date of the recommendations, unless
otherwise stated, being April 1, 2017.
(3) The Commission shall determine issues relating to compensation
of justices independently, effectively and objectively.
(4) The Commission shall contribute to maintaining and enhancing the
independence of the justices through the inquiry process and the report.
Commission expenses
5(1) The Crown shall pay the Commission all reasonable expenses
incurred by the Commission in conducting the inquiry and preparing a
report under this Regulation.
(2) A commissioner is entitled to compensation and reimbursement
for expenses as determined by the Minister.
Presentation of report to Minister and Society
6 The Commission shall present its report or its initial report,
containing its recommendations, to the Minister and the Society on the
date determined by the Minister and previously notified to the
Commission.
Amendment of report
7(1) The Commission may amend a report presented under
section 6
after reviewing any submissions made by the Minister and the Society
(
a) the Commission is satisfied that that report
(
i) failed to deal with an issue raised during the inquiry, or
(ii) contains an obvious error,
and
(
b) the Minister or the Society requests that the Commission
amend that report within 30 days after receiving that report
under
section 6.
(2) Within 30 days after receiving a request under subsection (1)(b),
the Commission shall either present an amended report to the Minister
and the Society or inform them that there will be no amended report.
(3) An amended report under subsection (2) may differ from the report
presented under
section 6 only so far as is necessary to deal with the
matters referred to in subsection (1)(a).
(4) Nothing requires the Minister or the Society to make a request
under subsection (1)(b).
Lieutenant Governor in Council's decision on the report
8(1) On receiving the report, the Minister shall present it to the
Lieutenant Governor in Council in adequate time for subsection (2) to
be met.
(2) Within 120 days after the presentation of the report under
section 6
or, where that report is amended under
section 7, that amended report,
the Lieutenant Governor in Council shall make an order containing the
decisions on the recommendations made by the Commission and, if
any of those recommendations are not accepted, provide reasons for
the non-acceptance.
Effect of recommendations on Crown
9(1) Subject to subsection (2), a recommendation made by the
Commission is binding on the Crown.
(2) A recommendation made by the Commission is not binding on the
Crown if or to the extent that
(
a) it is not accepted, with reasons given, by the Lieutenant
Governor in Council, and
(
b) the Minister provides a copy of the order in council
containing the non-acceptance and reasons to the Society
within 14 days after the making of the order.
Public notice of inquiry
10 The Commission shall give such public notice as it considers
necessary of the commencement of its inquiry and of the closing date
for written submissions.
Pre-inquiry meeting
11 At the earliest reasonable opportunity before the commencement
of the inquiry, the Minister and the Society shall meet with the
Commission to address any preliminary matters that may arise and any
other matters that the Commission considers advisable.
Inquiry procedure
12(1) Subject to this section, the Commission may determine its own
inquiry procedure.
(2) Section 17(2)(
a) and (
c) of the
Interpretation Act do not apply.
(3) The full membership of 3 commissioners provided for in
section
3(1) constitutes the quorum at a meeting of the Commission.
(4) The Minister and the Society shall make every endeavour to arrive
at an agreed statement of facts and an agreed list of exhibits to be filed
and, to the extent that they have been able to agree them, shall provide
them to the Commission.
(5) The Commission may record any inquiry proceedings and, if it
does, shall provide transcripts to those who request them and pay the
fee required by the Commission.
(6) The Commission may accept such evidence as is relevant to the
determination of the issues and is not required to adhere to the rules of
evidence applicable to courts of civil or criminal jurisdiction.
(7) Any member of the public is entitled to attend the inquiry
proceedings and, subject to
section 10, to make written submissions to
the Commission.
(8) The Commission may
(
a) grant leave to any member of the public to make oral
submissions, or
(
b) notwithstanding
section 10, limit to written submissions any
submission from an individual justice,
after hearing submissions made by the Minister and the Society on
whether or not to do so.
(9) The Commission may require the attendance of any person who
has filed written submissions and may require that person to respond to
any questions from either the Minister or the Society, or both, as well
as from the Commission, and if the person fails to appear or to respond
to any of those questions, the Commission may ignore those written
submissions.
(10) The Commission may, on application, direct the Minister or the
Society, or both, to produce any documents that are not subject to
privilege.
(11) The testimony of witnesses must be under oath or affirmation.
(12) The Commission may not award costs for written submissions
but may award the reasonable travel, accommodation and meal
expenses of anyone required by the Commission to attend.
(13) Any person requesting copies of any written submissions to the
Commission is entitled to receive a copy of the submissions on
payment of such reasonable fee as the Commission decides.
(14) The recommendations must be based solely on the evidence
submitted to the Commission.
(15) If the Commission makes any recommendation by a simple
majority on any matter, the commissioner in the minority may make a
minority recommendation on that matter.
Criteria for recommendations
13 The Commission, in making the recommendations, shall consider
the following criteria:
(
a) the constitutional law of Canada;
(
b) the need to maintain the independence of the justices;
(
c) the unique nature of the role of justices;
(
d) the need to attract qualified applicants;
(
e) the compensation other justices of the peace in Canada
receive;
(
f) increases and decreases, as applicable, in the Alberta real
primary household income per capita;
(
g) the need to provide fair and reasonable compensation for
justices in light of prevailing economic conditions in Alberta
and the overall state of the economy, including the financial
position of the Government;
(
h) the Alberta cost of living index and the position of the
justices relative to its increases or decreases, or both;
(
i) the nature of the jurisdiction of justices;
(
j) the level of increases or decreases, or both, provided to other
programs and persons funded by the Government;
(
k) any other factors considered by the Commission to be
relevant to the matters in issue.
Voluntary meetings
14 The Minister and the Society may meet at any time to discuss
improvements to the Commission inquiry process.
Provision of order in council and legislation to justices
15(1) The Society shall, forthwith after receiving the copy of the
order made under
section 8(2) provide a copy of it to the justices.
(2) The Minister shall, as soon as practicable, provide the Society with
a copy of any legislation implementing the report and the order
referred to in subsection (1) and the Society shall provide the justices
with copies of the legislation forthwith after receiving it.
Confidentiality of the report
16 Subject to sections 6, 7(2) and 8(1), every person having access to
the report or any proposed recommendations in it shall not disclose it
or them to any other person, unless pursuant to an order of a court,
until the order in council referred to in
section 8(2) has been made.
Society's costs of making submissions
17(1) The Crown shall pay the reasonable costs incurred by the
Society in making its submissions to the Commission in an amount not
exceeding the amount set by order of the Minister, which order must
be made within a reasonable period of time before the date set by the
Commission for the commencement of its inquiry hearings.
(2) If the Minister does not agree with the costs incurred by the
Society for the purposes of subsection (1), including lawyers' charges
and other costs of the proceedings before the Commission, then, on the
Minister's application, the reasonableness of those costs may be
reviewed by a review officer, in which case Rule 10.46 (including the
right of appeal under Rule 10.46(4)) of the Alberta Rules of Court
(AR 124/2010) applies.
Judicial review
18(1) If
(
a) the Lieutenant Governor in Council decides, with reasons,
not to accept any of the recommendations in whole or in part,
(
b) the Society or any justice brings an application for judicial
review of that decision, and
(
c) that application is successful,
the Court may not make the report binding on the Crown but may refer
the report to the Lieutenant Governor in Council or to the Commission
for a reconsideration.
(2) If the Court makes the reference under subsection (1), the
Lieutenant Governor in Council or the Commission, as the case may
be, has 120 days from the day that the application was granted to
reconsider the recommendations in accordance with the directions, if
any, of the Court.
Service of notices
19(1) A notice that is required by this Regulation to be given to the
Minister must be given
(
a) by leaving a written copy of the notice at the legislative
office of the Minister, or
(
b) by service on counsel as provided for in the Alberta Rules of
Court (AR 124/2010), if the Minister has given notice in
writing of the appointment of counsel.
(2) A notice that is required by this Regulation to be given to the
Society must be given
(
a) by leaving a written copy of the notice at its registered office,
(
b) by service on its counsel as provided for in the Alberta Rules
of Court (AR 124/2010), if the Society has given notice in
writing of the appointment of its counsel.
(3) Notwithstanding anything in this section, a document may be
served, for the purposes of this Regulation, in accordance with any
manner agreed in writing by the Minister and the Society with respect
to such a document.
Expiry
20 This Regulation expires on March 31, 2023.
Commencement
21 This Regulation comes into force on April 1, 2017.
--------------------------------
Alberta Regulation 62/2017
Judicature Act
PROVINCIAL JUDGES AND MASTERS IN CHAMBERS 2017
COMPENSATION COMMISSION REGULATION
Filed: March 30, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 118/2017)
on March 29, 2017 pursuant to
section 42 of the Judicature Act.
Table of Contents
Definitions
2 Establishment of 2017 Commission
3 Composition, etc., of Commission
4 Role of Commission
5 Commission expenses
6 Presentation of report to Minister and Association
7 Amendment of report
8 Lieutenant Governor in Council's decision on the report
9 Effect of recommendations on Crown
10 Public notice of inquiry
11 Pre-inquiry meeting
12 Inquiry procedure
13 Criteria for recommendations
14 Voluntary meetings
15 Provision of order in council and legislation to judges
16 Confidentiality of the report
17 Association's costs of making submissions
18 Judicial review
19 Service of notices
20 Expiry
21 Commencement
Definitions
1 In this Regulation,
(a) "Association" means the Alberta Provincial Judges'
Association;
(b) "Commission" means the 2017 Alberta Judicial
Compensation Commission established by
section 2 and
"commissioner" means a member of the Commission;
(c) "compensation" means the salary, pension, including the
contributions of the Government of Alberta and judges,
benefits and allowances provided to the judges;
(d) "inquiry" means the inquiry referred to in
section 4(1);
(e) "judges" means, except in
section 13(e), the judges of the
Provincial Court and the masters in chambers holding office
under the Court of Queen's Bench Act;
(f) "reasons" means written explanations that meet the
justification standard under the Constitution of Canada used
to evaluate decisions of a government to depart from a
recommendation of an independent body regarding judicial
compensation;
(g) "recommendations" means the recommendations referred to
section 4(2);
(h) "the Minister" means the Minister of Justice and Solicitor
General;
(i) "the report" means the report of the Commission presented or
to be presented under
section 6 except that, if an amended
report is or is to be presented under
section 7(2), it means
that amended report.
Establishment of 2017 Commission
2 The 2017 Alberta Judicial Compensation Commission is
established.
Composition, etc., of Commission
3(1) The Commission is to consist of
(
a) one commissioner appointed by the Minister,
(
b) one commissioner appointed by the Minister on the
nomination of the Association, and
(
c) one commissioner appointed by the Minister on the
nomination of the commissioners appointed under clauses (
a) and (b).
(2) The commissioner appointed under subsection (1)(
c) is to be the
chair of the Commission.
(3) If a commissioner dies, resigns or is unable or unwilling to
discharge his or her responsibilities, the Minister shall appoint a
replacement, which appointment, in the case of subsection (1)(
b) or
(c), is to be made only after receiving the applicable nomination.
(4) Subject to subsection (5),
(
a) active judges,
(
b) justices of the peace,
(
c) members of the Legislative Assembly,
(
d) members of boards, commissions and other bodies appointed
by the Lieutenant Governor in Council or by any minister of
the Crown,
(
e) other persons who hold office by way of an appointment by
the Lieutenant Governor in Council or by a minister of the
Crown, and
(
f) employees within the meaning of the Public Service Act
may not be commissioners.
(5) A person referred to in subsection (4)(d), (
e) or (
f) may be the
commissioner referred to in
(a) subsection (1)(
b) or (c), or
(b) subsection (1)(
a) if the Association approves the appointment
in writing.
Role of Commission
4(1) The Commission shall conduct an inquiry respecting the
appropriate level of compensation with a view to preparing the report,
including
(
a) the appropriate level of salary for judges sitting full or part-
time or on a supernumerary basis,
(
b) the appropriate design and level of judges' pension benefits
of all kinds,
(
c) the appropriate level and kinds of benefits and allowances of
judges, and
(
d) any other issues relevant to the financial security of the
judges that the Commission agrees to resolve.
(2) The Commission shall, in the report, make recommendations
respecting compensation for the period April 1, 2017 to March 31,
2021, the effective date of the recommendations, unless otherwise
stated, being April 1, 2017.
(3) The Commission shall determine issues relating to compensation
independently, effectively and objectively.
(4) The Commission shall contribute to maintaining and enhancing the
independence of the Provincial Court and the judges through the
inquiry process and the report.
Commission expenses
5(1) The Crown shall pay the Commission all reasonable expenses
incurred by the Commission in conducting the inquiry and preparing a
report under this Regulation.
(2) A commissioner is entitled to remuneration and reimbursement for
expenses as determined by the Minister.
Presentation of report to Minister and Association
6 The Commission shall present its report or its initial report,
containing its recommendations, to the Minister and the Association on
the date determined by the Minister and previously notified to the
Commission.
Amendment of report
7(1) The Commission may amend a report presented under
section 6
after reviewing any submissions made by the Minister and the
Association if
(
a) the Commission is satisfied that that report
(
i) failed to deal with an issue raised during the inquiry, or
(ii) contains an obvious error,
and
(
b) the Minister or the Association requests that the Commission
amend that report within 30 days after receiving that report
under
section 6.
(2) Within 30 days after receiving a request under subsection (1)(b),
the Commission shall either present an amended report to the Minister
and the Association or inform them that there will be no amended
report.
(3) An amended report under subsection (2) may differ from the report
presented under
section 6 only so far as is necessary to deal with the
matters referred to in subsection (1)(a).
(4) Nothing requires the Minister or the Association to make a request
under subsection (1)(b).
Lieutenant Governor in Council's decision on the report
8(1) On receiving the report, the Minister shall present it to the
Lieutenant Governor in Council in adequate time for subsection (2) to
be met.
(2) Within 120 days after the presentation of the report under
section 6
or, where that report is amended under
section 7, that amended report,
the Lieutenant Governor in Council shall make an order containing the
decisions on the recommendations made by the Commission and, if
any of those recommendations are not accepted, providing reasons for
the non-acceptance.
Effect of recommendations on Crown
9(1) Subject to subsection (2), a recommendation made by the
Commission is binding on the Crown.
(2) A recommendation made by the Commission is not binding on the
Crown if or to the extent that
(
a) it is not accepted, with reasons given, by the Lieutenant
Governor in Council, and
(
b) the Minister provides a copy of the order in council
containing the non-acceptance and reasons to the Association
within 14 days after the making of the order.
Public notice of inquiry
10 The Commission shall give such public notice as it considers
necessary of the commencement of its inquiry and of the closing date
for written submissions.
Pre-inquiry meeting
11 At the earliest reasonable opportunity before the commencement
of the inquiry, the Minister and the Association shall meet with the
Commission to address any preliminary matters that may arise and any
other matters that the Commission considers advisable.
Inquiry procedure
12(1) Subject to this section, the Commission may determine its own
inquiry procedure.
(2) Section 17(2)(
a) and (
c) of the
Interpretation Act do not apply.
(3) The full membership of 3 commissioners provided for in
section
3(1) constitutes the quorum at a meeting of the Commission.
(4) The Minister and the Association shall make every endeavour to
arrive at an agreed statement of facts and an agreed list of exhibits to
be filed and, to the extent that they have been able to agree them, shall
provide them to the Commission.
(5) The Commission may record any inquiry proceedings and, if it
does, shall provide transcripts to those who request them and pay the
fee required by the Commission.
(6) The Commission may accept such evidence as is relevant to the
determination of the issues and is not required to adhere to the rules of
evidence applicable to courts of civil or criminal jurisdiction.
(7) Any member of the public is entitled to attend the inquiry
proceedings and, subject to
section 10, to make written submissions to
the Commission.
(8) The Commission may
(
a) grant leave to any member of the public to make oral
submissions, or
(
b) notwithstanding
section 10, limit to written submissions any
submission from an individual judge,
after hearing submissions made by the Minister and the Association on
whether or not to do so.
(9) The Commission may require the attendance of any person who
has filed written submissions and may require that person to respond to
any questions from either the Minister or the Association, or both, as
well as from the Commission, and if the person fails to appear or to
respond to any of those questions, the Commission may ignore those
written submissions.
(10) The Commission may, on application, direct the Minister or the
Association, or both, to produce any documents that are not subject to
privilege.
(11) The testimony of witnesses must be under oath or affirmation.
(12) The Commission may not award costs for written submissions
but may award the reasonable travel, accommodation and meal
expenses of anyone required by the Commission to attend.
(13) Any person requesting copies of any written submissions to the
Commission is entitled to receive a copy of the submissions on
payment of such reasonable fee as the Commission decides.
(14) The recommendations must be based solely on the evidence
submitted to the Commission.
(15) If the Commission makes any recommendation by a simple
majority on any matter, the commissioner in the minority may make a
minority recommendation on that matter.
Criteria for recommendations
13 The Commission, in making the recommendations, shall consider
the following criteria:
(
a) the constitutional law of Canada;
(
b) the need to maintain the independence of the judges and the
Provincial Court;
(
c) the unique nature of the role of judges;
(
d) in the case of Provincial Court judges, the need to maintain a
strong Provincial Court by attracting highly qualified
applicants;
(
e) the remuneration and benefits other judges in Canada
receive;
(
f) increases and decreases, as applicable, in the Alberta real
primary household income per capita;
(
g) the need to provide fair and reasonable compensation in light
of prevailing economic conditions in Alberta and the overall
state of the economy, including the financial position of the
Government;
(
h) the Alberta cost of living index and the position of the judges
relative to its increases or decreases, or both;
(
i) the nature of the jurisdiction of judges;
(
j) the level of increases or decreases, or both, provided to other
programs and persons funded by the Government;
(
k) any other factors considered by the Commission to be
relevant to the matters in issue.
Voluntary meetings
14 The Minister and the Association may meet at any time to discuss
improvements to the Commission inquiry process.
Provision of order in council and legislation to judges
15(1) The Association shall, forthwith after receiving the copy of the
order made under
section 8(2) provide a copy of it to the judges.
(2) The Minister shall, as soon as practicable, provide the Association
with a copy of any legislation implementing the report and the order
referred to in subsection (1) and the Association shall provide the
judges with copies of the legislation forthwith after receiving it.
Confidentiality of the report
16 Subject to sections 6, 7(2) and 8(1), every person having access to
the report or any proposed recommendations in it shall not disclose it
or them to any other person, unless pursuant to an order of a court,
until the order in council referred to in
section 8(2) has been made.
Association's costs of making submissions
17(1) The Crown shall pay the reasonable costs incurred by the
Association in making its submissions to the Commission in an
amount not exceeding the amount set by order of the Minister, which
order must be made within a reasonable period of time before the date
set by the Commission for the commencement of its inquiry hearings.
(2) If the Minister does not agree with the costs incurred by the
Association for the purposes of subsection (1), including lawyers'
charges and other costs of the proceedings before the Commission,
then, on the Minister's application, the reasonableness of those costs
may be reviewed by a review officer, in which case Rule 10.46
(including the right of appeal under Rule 10.46(4)) of the Alberta
Rules of Court (AR 124/2010) applies.
Judicial review
18(1) If
(
a) the Lieutenant Governor in Council decides, with reasons,
not to accept any of the recommendations in whole or in part,
(
b) the Association or any judge brings an application for
judicial review of that decision, and
(
c) that application is successful,
the Court may not make the report binding on the Crown but may refer
the report to the Lieutenant Governor in Council or to the Commission
for a reconsideration.
(2) If the Court makes the reference under subsection (1), the
Lieutenant Governor in Council or the Commission, as the case may
be, has 120 days from the day that the application was granted to
reconsider the recommendations in accordance with the directions, if
any, of the Court.
Service of notices
19(1) A notice that is required by this Regulation to be given to the
Minister must be given
(
a) by leaving a written copy of the notice at the legislative
office of the Minister, or
(
b) by service on counsel as provided for in the Alberta Rules of
Court (AR 124/2010), if the Minister has given notice in
writing of the appointment of counsel.
(2) A notice that is required by this Regulation to be given to the
Association must be given
(
a) by leaving a written copy of the notice at its registered office,
(
b) by service on its counsel as provided for in the Alberta Rules
of Court (AR 124/2010), if the Association has given notice
in writing of the appointment of its counsel.
(3) Notwithstanding anything in this section, a document may be
served, for the purposes of this Regulation, in accordance with any
manner agreed in writing by the Minister and the Association with
respect to such a document.
Expiry
20 This Regulation expires on March 31, 2023.
Commencement
21 This Regulation comes into force on April 1, 2017.
--------------------------------
Alberta Regulation 63/2017
Provincial Offences Procedure Act
PROCEDURES REGULATION
Filed: March 30, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 119/2017)
on March 29, 2017 pursuant to
section 42 of the Provincial Offences Procedure Act.
Table of Contents
Definitions
2 Violation tickets
Part 2,
Part 3 proceedings
4 Public interest
5 Specified penalty
6 Identification of offence
7 Late payment charge
8 Revenue offset
9 Ex parte trial payment time
10 Appearance date
11 Delivery of offence notice
12 Criminal Code provisions
13 Violation ticket
14 Electronic violation tickets under
Part 2
15 Electronic violation tickets under
Part 3
16 Endorsement of electronic violation tickets
17 Repeal
18 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Provincial Offences Procedure Act;
(b) "electronic violation ticket" means a violation ticket that is in
the form of an electronic document;
(c) "JOIN" means the Justice Online Information Network
administered by the Minister of Justice and Solicitor General;
(d) "Minister" means the Minister of Justice and Solicitor
General;
(e) "motor vehicle" means a motor vehicle as defined in the
Traffic Safety Act;
(f) "municipal bylaw" means a bylaw of a municipality or a
Metis settlement.
Violation tickets
2 A violation ticket may be used in respect of an offence under the
following enactments:
(
a) Blind Persons' Rights Act;
(
b) Dangerous Goods Transportation and Handling Act;
(
c) Fisheries (Alberta) Act;
(
d) Forest and Prairie Protection Act;
(
e) Forests Act;
(
f) Fuel Tax Act;
(
g) Gaming and Liquor Act;
(
h) Insurance Act,
Part 7;
(
i) Livestock Identification and Commerce Act;
(
j) Livestock and Livestock Products Act;
(
k) Occupational Health and Safety Act;
(
l) Petty Trespass Act;
(
m) Provincial Parks Act;
(
n) Residential Tenancies Act;
(
o) School Act,
section 27(1);
(
p) Security Services and Investigators Act;
(
q) Service Dogs Act;
(
r) Stray Animals Act;
(
s) Tobacco and Smoking Reduction Act;
(
t) Tobacco Tax Act;
(
u) Traffic Safety Act;
(
v) Trespass to Premises Act;
(
w) Wildlife Act;
(
x) any Regulation or orders made under any one or more of the
Acts referred to in clauses (
a) to (v);
(
y) a provision of
(
i) the Environmental Protection and Enhancement Act, or
(ii) a regulation made under that Act
for which a specified penalty is set out in the Schedule;
(
z) the Public Lands Administration Regulation (AR 187/2011)
for which a specified penalty is set out in the Schedule;
(aa) the Recreational Access Regulation (AR 228/2003) for which
a specified penalty is set out in the Schedule;
(bb) any regulation made under
Schedule 11 to the Government
Organization Act;
(cc) any municipal bylaw.
Part 2,
Part 3 proceedings
3(1) Where a violation ticket is used, proceedings must be
commenced under
Part 2 of the Act in respect of an offence that
(
a) has no specified penalty, or
(
b) has a specified penalty of more than $1000, excluding any
applicable surcharge.
(2) Subject to
section 22(3) of the Act, proceedings must be
commenced under
Part 3 of the Act in respect of an offence that has a
specified penalty of $1000 or less, excluding any applicable surcharge.
(3) If a person is issued a violation ticket in respect of an offence
referred to in subsection (1)(b), that person may make a voluntary
payment in accordance with the Act.
Public interest
4(1) In determining whether to issue a summons in the public interest
under
section 22(3) or 27(3) of the Act, a peace officer must consider
the following factors:
(
a) the seriousness of the nature or consequences of the offence;
(
b) the number of previous convictions and outstanding fines
levied against the defendant;
(
c) the number of outstanding proceedings commenced against
the defendant under either
Part 2 or
Part 3 of the Act;
(
d) whether the defendant's operator's licence is an out-of-
province operator's licence.
(2) Subject to subsection (3), a peace officer shall, if the peace officer
determines it is in the public interest, issue a summons respecting any
offence for which a voluntary payment may be made requiring the
defendant to appear before a justice on the initial appearance date
without the alternative of making a voluntary payment.
(3) Notwithstanding subsection (2), where the defendant has an out-
of-province operator's licence, a peace officer may issue a summons
that
(
a) gives the defendant the option of making a voluntary
payment, and
(
b) does not require the defendant to appear before a justice on
the initial appearance date to answer the summons if the
defendant makes a voluntary payment in accordance with the
Act.
(4) Nothing in this
section restricts a peace officer from exercising the
peace officer's discretion to instead of issuing a violation ticket to a
person for contravening an enactment, use other measures as are
appropriate, given the circumstances of the person involved.
Specified penalty
5(1) The specified penalty for a contravention of a provision of
an Act
or regulation is set out in the Schedule.
(2) The specified penalty for a contravention of a provision of a bylaw
or ministerial order under
section 44 of the Act is set out in the bylaw
or ministerial order.
(3) If the owner of a motor vehicle that is involved in a contravention
of the Traffic Safety Act or a municipal bylaw is charged with an
offence under
section 160 of the Traffic Safety Act, the specified
penalty is the same as that provided for the driver of a motor vehicle
involved in such a contravention.
(4) If the owner of an off-highway vehicle as defined in the Traffic
Safety Act that is involved in a contravention of the Traffic Safety Act
is charged with an offence under
section 160 of the Traffic Safety Act,
the specified penalty is the same as that provided for the driver of an
off-highway vehicle involved in such a contravention.
Identification of offence
6(1) An offence shall be designated on a violation ticket in a manner,
including the use of abbreviations, that is sufficient to permit the
defendant to identify the offence.
(2) In addition to any other method of designating an offence, an
offence may be designated on a violation ticket by either
(
a) placing a mark beside the name of the enactment, if the
enactment is named on the violation ticket, or
(
b) stating the name of the enactment in the appropriate space, if
the enactment is not named on the violation ticket,
and specifying the
section number of the provision under which the
offence is alleged.
(3) For the purpose of subsection (2), the name of a municipal bylaw
may be stated by specifying
(
a) the number of the bylaw, and
(
b) the name commonly applied to the municipality or Metis
settlement that made the bylaw.
Late payment charge
7(1) A defendant who is convicted of an offence pursuant to
proceedings under
Part 3 of the Act and fails to pay a fine imposed by
a justice within the time allowed for payment or, if no time is allowed,
forthwith shall be liable to pay a late payment charge equal to
(a) $20, or
(b) 20% of the outstanding balance of the fine imposed,
whichever is greater.
(2) The amount calculated under subsection (1)(
b) shall be rounded
down to the nearest dollar.
(3) Unless otherwise ordered by a justice, a late payment charge shall
not apply if the full amount of the fine is received within 48 hours after
the date on which the fine is required to be paid.
Revenue offset
8(1)
Section 14(3) of the Act applies to the fines imposed for
convictions under the Traffic Safety Act and regulations made under
that Act.
(2) The Crown may retain 26.67% of any amount collected in respect
of each fine, rounded to the nearest dollar, imposed for a conviction
under an enactment referred to in subsection (1).
Ex parte trial payment time
9 If a justice convicts a defendant under
section 34 of the Act, the
defendant shall be given at least 15 days from the date of conviction to
pay the fine imposed and any applicable surcharge.
Appearance date
10 No person shall be required to appear before a justice in answer to
a summons or to respond to an offence notice until 21 days have
elapsed from the day that the summons or offence notice is issued.
Delivery of offence notice
11 An offence notice shall not be considered to be delivered to a
Court office under
section 33 or 36 of the Act until it is actually
received by the Court office.
Criminal Code provisions
12(1) Sections 730, 734.7(1) and (3) and 809 and
Part XVII of the
Criminal Code (Canada) are not applicable to any proceedings to
which the Act applies.
(2) Sections 731, 732, 732.1, 732.2, 733 and 734 of the Criminal Code
(Canada) are not applicable to proceedings that are commenced under
Part 3 of the Act.
Violation ticket
13(1) A violation ticket under
Part 2 of the Act must contain at least
the following elements:
(
a) the following heading:
Province of Alberta
(
b) a reasonably clear description of the defendant to facilitate
identification;
(
c) the offence with which the defendant is charged;
(
d) the date on which the offence is alleged to have occurred;
(
e) the place at or near which the offence is alleged to have
occurred;
(
f) the manner in which the defendant may respond to the
summons;
(
g) the initial court appearance date and location;
(
h) the consequences to the defendant if the summons is not
responded to by the date indicated.
(2) A violation ticket under
Part 3 of the Act must contain at least the
following elements:
(
a) the following heading:
Province of Alberta
(
b) a reasonably clear description of the defendant to facilitate
identification;
(
c) the offence with which the defendant is charged;
(
d) the date on which the offence is alleged to have occurred;
(
e) the place at or near which the offence is alleged to have
occurred;
(
f) the manner in which the defendant may respond to the
offence notice;
(
g) the initial court appearance date and location;
(
h) the consequences to the defendant if the offence notice is not
responded to by the date indicated.
(3) A violation ticket under
Part 2 of the Act shall be in a form
approved by the Minister.
(4) A violation ticket under
Part 3 of the Act shall be in a form
approved by the Minister.
(5) A violation ticket under
Part 2 or
Part 3 of the Act must use the
numbering convention set by the Minister.
Electronic violation tickets under
Part 2
14(1) The Court may use electronic violation tickets in carrying out
the Court's functions in proceedings under
Part 2 of the Act if
(
a) the complaint included in the electronic violation ticket
(
i) is endorsed in accordance with
section 16 by the peace
officer who issued the electronic violation ticket, and
(ii) is filed with the Court in accordance with subsection
(2),
and
(
b) the information included in the electronic violation ticket
cannot be altered after the electronic violation ticket has been
transmitted to JOIN.
(2) The complaint included in an electronic violation ticket is filed
with the Court if
(
a) it has been transmitted to JOIN, and
(
b) the data necessary to display or print the complaint in a form
approved by the Minister for any purpose under the Act has
been stored in JOIN.
Electronic violation tickets under
Part 3
15(1) Subject to subsection (2), the Court may use electronic violation
tickets in carrying out the Court's functions in proceedings under
Part
3 of the Act if
(
a) the certificate of offence included in the electronic violation
ticket
(
i) is endorsed in accordance with
section 16 by the peace
officer who issued the electronic violation ticket, and
(ii) is filed with the Court in accordance with subsection
(3),
and
(
b) the information included in the electronic violation ticket
cannot be altered after the electronic violation ticket has been
transmitted to JOIN.
(2) If the defendant described in the electronic violation ticket is
charged under
section 160 of the Traffic Safety Act or the offence
notice relates to an alleged parking violation, in addition to the
requirements set out in subsection (1), the certificate of offence must
contain the date that the offence notice was sent by ordinary mail to the
defendant's address.
(3) The certificate of offence included in an electronic violation ticket
is filed with the Court if
(
a) it has been transmitted to JOIN, and
(
b) the data necessary to display or print the certificate of offence
in a form approved by the Minister for any purpose under the
Act has been stored in JOIN.
Endorsement of electronic violation tickets
16(1) In this section, "identification information" means a peace
officer's name, badge or regiment number and the name of the law
enforcement agency that the peace officer represents.
(2) The certificate of offence or complaint included in an electronic
violation ticket must, instead of being signed by the peace officer who
is the complainant referred to in
section 25(2)(
a) of the Act or the
peace officer referred to in
section 31(2)(
a) of the Act, be endorsed by
the peace officer in a manner
(
a) that electronically generates the peace officer's identification
information and associates it with the complaint or the
certificate of offence, and
(
b) that is reasonably secure against unauthorized use.
(3) A manner of endorsement is presumed to be reasonably secure
against unauthorized use if it is protected by a password issued in
confidence to the peace officer whose identification information it
generates.
Repeal
17 The Procedures Regulation (AR 233/89) is repealed.
Coming into force
18 This Regulation comes into force on the coming into force of An
Act to Modernize Enforcement of Provincial Offences.
Schedule
Part 1
Dangerous Goods Transportation
and Handling Act
1 The specified penalty payable in respect of a contravention of a
provision of the Dangerous Goods Transportation and Handling Act
shown in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
11(a)
11(b)
11(c)
11(d)
13(2)
Part 2
Regulation under the Dangerous Goods
Transportation and Handling Act
Dangerous Goods Transportation
and Handling Regulation
1 The specified penalty payable in respect of a contravention of a
Transportation of Dangerous Goods Regulations (SOR/2001-286)
(Canada), as adopted and modified by the Dangerous Goods
Transportation and Handling Regulation (AR 157/97), is $600.
2 The specified penalty payable in respect of a contravention of a
Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted
and modified by the Dangerous Goods Transportation and Handling
Regulation (AR 157/97), is $400.
3 The specified penalty payable in respect of a contravention of a
Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted
and modified by the Dangerous Goods Transportation and Handling
Regulation (AR 157/97), shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
6.1(1)
6.1(2)
6.3
6.6
6.7
6.8
Part 3
Environmental Protection and Enhancement Act
1 The specified penalty payable for a contravention of
section 61 of
the Environmental Protection and Enhancement Act in respect of the
activity designated by Division 1, clause (
k) of
Schedule 1 to the
Activities Designation Regulation (AR 276/2003) is $100.
2 The specified penalty payable for a contravention of
section 108(2)
of the Environmental Protection and Enhancement Act in respect of
visible emissions prescribed by
section 4 of the Substance Release
Regulation (AR 124/93) is $100.
3 The specified penalty payable in respect of a contravention of a
provision of the Environmental Protection and Enhancement Act
shown in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
Part 4
Regulation under the Environmental Protection
and Enhancement Act
Pesticide Sales, Handling, Use
and Application Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Pesticide Sales, Handling, Use and Application
Regulation (AR 24/97) shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
6(1)(
a) or (b)
6(3)
23(2) or (4)
24(
a) or (b)
26(1) or (2)
29(1)
Part 5
Regulation under the Environmental Protection
and Enhancement Act
Potable Water Regulation
1 The specified penalty payable in respect of a contravention of
section 9(2) of the Potable Water Regulation (AR 277/2003) is $200.
Part 6
Fisheries (Alberta) Act
1 The specified penalty payable in respect of a contravention of
section 10(1) of the Fisheries (Alberta) Act for engaging in
sportfishing without a sportfishing licence is $100.
2 The specified penalty payable for the contravention of
section 18(1)
of the Act for failing to carry a licence is $50.
3(1) The specified penalty payable for the contravention of
section
34.2(1) of the Act of a term or condition of a licence requiring the
marking of a setline or gill net is $150.
(2) The specified penalty payable for the contravention of
section
34.2(1) of the Act of a term or condition of a licence requiring the
completion and submission of records pertaining to the number and
species of fish caught is $300.
(3) The specified penalty payable for the contravention of
section
34.2(1) of the Act of a term or condition of a licence requiring the
reporting of any proposed activity is $150.
4 The specified penalty payable for the contravention of
section
34.4(3) of the Act for failing to comply with an order under
section 23
is $50.
Part 7
Regulation under the Fisheries (Alberta) Act
General Fisheries (Alberta) Regulation
1(1) The specified penalty for the contravention of
section 14.1(6) of
the General Fisheries (Alberta) Regulation (AR 203/97) is $200 plus
$50 for each fish possessed or retained in contravention of that section.
(2) Where a person exceeds by more than 10 the number of fish
possessed or retained in contravention of
section 14.1(6), the person is
required to appear before a justice without the alternative of making a
voluntary payment.
2 The specified penalty payable in respect of a contravention of the
General Fisheries (Alberta) Regulation (AR 203/97) shown in Column
1 is the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
5(5)
14.1(8)
14.1(9)
15(3)(b)
16(1)
16(2)
16(3)
19(1)
34(2)
Part 8
Forest and Prairie Protection Act
1 The specified penalty payable in respect of a contravention of a
provision of the Forest and Prairie Protection Act shown in
Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty in
Dollars)
14(3)(a)
14(3)(b)
18(1), (2) or
(3) 250
21(3)
22(a), (b), (c), (
d) or
(e)
26(1)
26.2
31.3(2)
32(2.2)
Part 9
Regulation under the Forest
and Prairie Protection Act
Forest and Prairie Protection Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Forest and Prairie Protection Regulation shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty in
Dollars)
3(a)
3(b)
3(
c) or (d)
3(e)
4(2)
8(2)(a), (b), (c), (
d) or (e)
8(3)
9(1) or (3)
10(1) or (2)
Part 10
Regulation under the
Forest and Prairie Protection Act
Forest and Prairie Protection (Ministerial) Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Forest and Prairie Protection (Ministerial)
Regulation shown in Column 1 is the amount shown in Column 2
in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
2(1) or (2)
6(1) or (2)
10(a)
11(4)
Part 11
Fuel Tax Act
1 The specified penalty payable in respect of a contravention of a
provision of the Fuel Tax Act shown in Column 1 is the amount shown
in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
17(1)
17(2)
17(3)(a)
17(3)(
b) or (c)
18(1) or (3)
19(1) or (3)
20(1)
22(1)(a)(v)
Part 12
Gaming and Liquor Act
1 The specified penalty payable in respect of a contravention of
section 50 of the Gaming and Liquor Act for the unlawful possession
of liquor is $200.
2 The specified penalty payable in respect of a contravention of a
provision of the Gaming and Liquor Act shown in Column 1 is the
amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
69(1)(
b) or (c)
69(2)(
a) or (b)
74(2)
74(3)
87(1)
87(2)
89(1)
115(1)
Part 13
Regulation under the Gaming and Liquor Act
Gaming and Liquor Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Gaming and Liquor Regulation (AR 143/96) shown in
Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
34.01
34.2(2)
87.1(2)
Part 14
Regulation under
Schedule 11 of the
Government Organization Act
1 The specified penalty payable in respect of a contravention of a
provision of the Crown Property Regulation (AR 125/98) shown in
Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
3(1)
Part 15
Insurance Act
1 The specified penalty payable in respect of a contravention of
section 822(4) of the Insurance Act is $200.
Part 16
Regulation under the
Occupational Health and Safety Act
Occupational Health and Safety Regulation
1 The specified penalty payable in respect of a contravention of
section 12(2) of the Occupational Health and Safety Regulation
(AR 62/2003) is $500.
Part 17
Regulation under the
Occupational Health and Safety Act
Occupational Health and Safety Code
1 In this Part, "Code" means the Occupational Health and Safety
Code 2009 made by the Occupational Health and Safety Council on
February 9, 2009 and adopted under
section 1 of the Occupational
Health and Safety Code 2009 Order (AR 87/2009).
2 The specified penalty payable in respect of a contravention of a
provision of the Code shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
26(1)
47(1)
62(1)
62(2)
82(1)
82(2)
97(2)
122(2)
122(3)
133(1)
139(8)
142(2)
155(3)
161(1)
162(3)
170.1(5)
170.1(6)
187.1(1)
194(2)
194(3)
229(1)
233(1)
235(1)
236(1)
256(3)
279(1)
279(2)
305(1)
305(2)
306(2)
306(3)
313(2)
314(2)
318(1)
324(4)
327(1)
327(2)
328(1)
328(2)
334(2)
334(3)
349(3)
349(4)
367(2)
375(2)
466(2)
526(1)
526(2)
648(3)
693(2)
693(3)
755(2)
794(2)
827(4)
Part 18
Petty Trespass Act
1(1) The specified penalty payable in respect of a contravention of
section 2(1) of the Petty Trespass Act is $250.
(2) Where a person is charged with a 2nd or subsequent offence for
the contravention of
section 2(1) of the Petty Trespass Act with respect
to the same land, the person is required to appear before a justice
without the alternative of making a voluntary payment.
2 The specified penalty payable for the contravention of
section
2.1(4) of the Petty Trespass Act is $250.
Part 19
Regulation under the Provincial Parks Act
Provincial Parks (General) Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Provincial Parks (General) Regulation (AR 102/85)
shown in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item Numbers
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars
3(b)
5(1) or (2)
11(1)
11(2)
11.1
11.2(1)(b)
11.2(2)(b)
11.3
12(1)
12(2)
12(3)
14.1
15(1)(2)
16(a), (b), (
c) or (d)
20(1)
22(2)
23(a)
27(1)
27(2)
35(1)(
a) or (b)
36(1)
36(2) or (3)
38(4)
38.1
40(1)
41(1)
41.1(4)
42(3)
44(2)(
a) or (b)
45(1)(a), (d), (
e) or
(f)
45(1)(b)
45(1)(c)
46(1)
46(1.1)
46(4)
Part 20
Regulation under the Public Lands Act
Public Lands Administration Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Public Lands Administration Regulation
(AR 187/2011) shown in Column 1 is the amount shown in Column 2
in respect of that provision.
Item Number
Column 1
(Section Number of
Regulation)
Column 2
Specified Penalty in
Dollars)
181(a)
181(b)
183(1)
183(2)
185(1)
185(4)(a)
185(4)(
b) or (c)
185(5)
185(6)
185(7)(a)
185(7)(b)
187(1)
188(1)
188(2)
189(1)
190(1)
191(1)
191(2)
193(1)
194(1)
197(1)
197(2)
200(1)
206(1)
206(2)
Schedule 4, Part B,
section 5
Schedule 4,
Part C,
section 8(4)
Schedule 4, Part D,
section 12(4)
Schedule 4,
Part I,
section 34(3)
Schedule 4, Part J,
section 36(1)
Schedule 4, Part K,
section 38
Schedule 4, Part R,
section 55(2)
Schedule 7,
section
58(a)
Schedule 7,
section
58(b)
Schedule 7,
section
59(1)
Part 21
Regulation under the Public Lands Act
Recreational Access Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Recreational Access Regulation (AR 228/2003) shown
in Column 1 is shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
5(3)
9(1)(a)
9(1)(b)
9(1)(c)
9(1)(d)
9(1)(e)
9(1)(f)
9(2)(a)
9(2)(c)
9(2)(d)
9(2)(e)
9(2)(f)
9(3)(a)
9(3)(b)
9(3)(c)
9(3)(d)
9(3)(e)
9(4)(a)
9(4)(b)
9(4)(c)
9(4)(d)
Part 22
Residential Tenancies Act
1 The specified penalty payable in respect of a contravention of a
provision of the Residential Tenancies Act shown in Column 1 is the
amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
6(2)
19(6)
31(13) or (14)
44(1) or (3)
44(5) or (6)
46(2) or (6)
Part 23
Regulation under the Residential Tenancies Act
Residential Tenancies Ministerial Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Residential Tenancies Ministerial Regulation
(AR 211/2004) shown in Column 1 is the amount shown in Column 2
in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
Part 24
Regulation under the Residential Tenancies Act
Subsidized Public Housing Regulation
1 The specified penalty payable in respect of a contravention of
section 4(1) of the Subsidized Public Housing Regulation
(AR 191/2004) is $150.
Part 25
Security Services and Investigators Act
1 The specified penalty payable in respect of a contravention of a
provision of the Security Services and Investigators Act shown in
Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
18(a)
18(
b) or (c)
19(a)
19(b), (
c) or (j)
19(d), (e), (f), (g), (
h) or (i)
31(1), (2) or (3)
32(a), (
b) or (c)
34(1)
36(
a) or (b)
39(a), (b), (c), (
d) or (e)
44(1) or (2)
Part 26
Regulation under the Security Services
and Investigators Act
Security Services and Investigators Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Security Services and Investigators Regulation
(AR 52/2010) shown in Column 1 is the amount shown in Column 2 in
respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
3(1)
3(2)
4(2)
5(
a) or (b)
6(2) or (3)
7(1)
8(1) or (2)
12(1)(a), (
c) or (d)
12(2)
12(3)
12(5)
12(6) or (7)
Part 27
Regulation under the Security Services
and Investigators Act
Security Services and Investigators
(Ministerial) Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Security Services and Investigators (Ministerial)
Regulation (AR 55/2010) shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
14(3)
16(4)
18(1)
18(2)
21(1), (2), (3) or (4)
23(1), (2), (3), (4) or (5)
24(2)
25(1), (2), (4) or (5)
27(1) or (2)
28(2) or (3)
Part 28
Stray Animals Act
1 The specified penalty payable in respect of a contravention of the
Stray Animals Act shown in Column 1 is the amount shown in Column
2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
37(1)
37(2)
Part 29
Tobacco and Smoking Reduction Act
1 The specified penalty payable in respect of a contravention of
section 7.5(1) of the Tobacco and Smoking Reduction Act is
(
a) if the person is an individual, $250, and
(
b) if the person is a retailer, $500.
2 The specified penalty payable in respect of a contravention of the
Tobacco and Smoking Reduction Act shown in Column 1 is the amount
shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
3(a), (b), (
c) or (d)
3(b.1)
3.1(1)(a), (b), (
c) or (
d) or
(2) 100
7(1), (2) or (3)
7(2.1)
7.1
7.2(1)(
a) or (b)
7.21
7.3(a), (b), (
c) or (d)
7.4(2)
7.5(2)
Part 30
Tobacco Tax Act
1 The specified penalty payable in respect of a contravention of
section 3(1) of the Tobacco Tax Act is $500.
2(1) The specified penalty payable in respect of a contravention of
section 4(1) of the Tobacco Tax Act
(
a) if the person is a consumer,
(
i) for the purchase, possession, storing, selling or offering
for sale of 400 cigarettes or grams of tobacco or less is
$250, and
(ii) for the purchase, possession, storing, selling or offering
for sale of more than 400 cigarettes or grams of tobacco,
but not more than 1000 cigarettes or grams of tobacco,
is $500,
and
(
b) if the person is not a consumer, for the purchase, possession,
storing, selling or offering for sale of 1000 cigarettes or
grams of tobacco or less is $1000.
(2) Where the person purchases, possesses, stores, sells or offers for
sale more than 1000 cigarettes or grams of tobacco in contravention of
section 4(1) of the Tobacco Tax Act, the person is required to appear
before a justice without the alternative of making a voluntary payment.
3(1) The specified penalty payable in respect of a contravention of
section 4(3) of the Tobacco Tax Act
(
a) for the purchase or possession of 400 cigarettes or grams of
tobacco or less is $250, and
(
b) for the purchase or possession of more than 400 cigarettes or
grams of tobacco but not more than 1000 cigarettes or grams
of tobacco is $500.
(2) Where the person purchases or possesses more than 1000
cigarettes or grams of tobacco in contravention of
section 4(3) of the
Tobacco Tax Act, the person is required to appear before a justice
without the alternative of making a voluntary payment.
4(1) The specified penalty payable for the contravention of
section
4(4) of the Tobacco Tax Act for the possession of 1000 cigarettes or
grams of tobacco or less over the permitted amount is $250.
(2) Where a person is charged with a 2nd or subsequent offence for
the contravention of
section 4(4) of the Tobacco Tax Act for the
possession of 1000 cigarettes or grams of tobacco or less over the
permitted amount, the person is required to appear before a justice
without the alternative of making a voluntary payment.
(3) Where a person is charged with possession of more than 1000
cigarettes or grams of tobacco over the permitted amount in
contravention of
section 4(4) of the Tobacco Tax Act, the person is
required to appear before a justice without the alternative of making a
voluntary payment.
5(1) The specified penalty payable for the contravention of
section
4(5) of the Tobacco Tax Act is $500.
(2) Where a person is charged with a 2nd or subsequent offence for
contravening
section 4(5) of the Tobacco Tax Act, the person is
required to appear before a justice without the alternative of making a
voluntary payment.
6(1) The specified penalty payable in respect of a contravention of
section 4.1 of the Tobacco Tax Act for the possession of
(a) 2000 cigarettes or less,
(b) 2000 grams of tobacco or less or cigars containing 2000
grams of tobacco or less, or
(
c) any combination containing 2000 grams of tobacco or less,
over the permitted amount is $1000.
(2) Where a person possesses more than
(a) 2000 cigarettes,
(b) 2000 grams of tobacco or cigars containing 2000 grams of
tobacco, or
(
c) any combination containing 2000 grams of tobacco,
over the permitted amount in contravention of
section 4.1 of the
Tobacco Tax Act, the person is required to appear before a justice
without the alternative of making a voluntary payment.
7(1) The specified penalty payable in respect of a contravention of
section 7(3) of the Tobacco Tax Act
(
a) if the person is a consumer,
(
i) for the sale, offering for sale or purchase of 400
cigarettes or grams of tobacco or less is $250, and
(ii) for the sale, offering for sale or purchase of more than
400 cigarettes or grams of tobacco, but not more than
1000 cigarettes or grams of tobacco, is $500,
and
(
b) if the person is not a consumer, for the sale, offering for sale
or purchase of 1000 cigarettes or grams of tobacco or less is
$1000.
(2) Where a person sells, offers for sale or purchases more than 1000
cigarettes or grams of tobacco in contravention of
section 7(3) of the
Tobacco Tax Act, the person is required to appear before a justice
without the alternative of making a voluntary payment.
Part 31
Traffic Safety Act
1 The specified penalty for the contravention of
section 65(1)(
a) or
(
b) of the Traffic Safety Act is the amount provided for the
contravention of the relevant provision of the Vehicle Equipment
Regulation (AR 122/2009).
2 The specified penalty for the contravention of
section 111 or
115(2)(
a) of the Traffic Safety Act is the amount provided for the
contravention of the relevant provision of the Use of Highway and
Rules of the Road Regulation (AR 304/2002).
3(1) The specified penalty for the contravention of
section 131(1)(
f) of the Traffic Safety Act is $27 per 100 kg for overloads up to 5000 kg
and $47 per 100 kg for overloads over 5000 kg.
(2) The specified penalty for the contravention of sections 131(1)(h),
(i), (j), (
k) and (
l) of the Traffic Safety Act is $34 per 100 kg for
overloads up to 5000 kg and $47 per 100 kg for overloads over
5000 kg.
4 The specified penalty payable in respect of a contravention of a
provision of the Traffic Safety Act shown in Column 1 is the amount
shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
51(a), (
b) or (c)
51(d)
51(
e) to (f.3)
51(g)
51(h)
51(
j) to (s)
52(1)(a)
52(1)(b)
52(1)(d)
52(1)(e)
53(1)(a)
53(1)(
b) to (d)
53(2)
61(2)(
a) to (c)
65(1)(
a) see
section 1 of this
Part
65(1)(
b) see
section 1 of this
Part
65(1)(c)
65(1)(d)
65(1)(i)
65(1)(j)
66(5)
68(2)
71(1) to (4)
76(1)(
a) or (b)
80(a)
see
section 2 of this
Part
115(2)(
a) see
section 2 of this
Part
115(2)(
b) to (f)
115(2)(
i) to (k)
115(2)(
l) or (m)
115(2)(n)
115(2)(
p) see
Part 32
115(2)(q)
115(2)(
r) see
Part 32
115(2)(s)
115.1(1)
115.2(1)
115.3(1)
115.4(1)
119(1)(a)
119(1)(
b) to (d)
120(2)(a)
120(2)(
b) or (c)
120(3)
121(1) or (2)
123(2) or (3)
124(1) or (4)
124(6)
131(1)(a), (b), (
c) or (d)
131(1)(e)
131(1)(
f) see
section 3(1) of this
Part
131(1)(g)
131(1)(
h) see
section 3(2) of this
Part
131(1)(
i) see
section 3(2) of this
Part
131(1)(
j) see
section 3(2) of this
Part
131(1)(
k) see
section 3(2) of this
Part
131(1)(
l) see
section 3(2) of this
Part
131(1)(m)
131(1)(n)
137(a)
137(b)
140(1)
160(1) or (2)
see
section 5(3) of this
Regulation
166(2)(
a) or (c)
166(2)(b)
166(3)
166(4)
167(1), (2) or (6)
Part 32
Traffic Safety Act
(speeding offences)
1 The specified penalty payable in respect of contraventions of
section 115(2)(p), (p.1) and (
r) of the Traffic Safety Act and sections
53(5)(
c) and 70 of the Use of Highway and Rules of the Road
Regulation (AR 304/2002) are those set out in the Table in this Part.
2 Where a person exceeds the speed limits referred to in the sections
referred to in
section 1 by more than 50 kilometres per hour, the person
is required to appear before a justice without the alternative of making
a voluntary payment.
Table
Kilometres
over limit
Amount of
specified penalty
(in dollars)
Kilometres
over limit
Amount of
specified penalty
(in dollars)
Part 33
Traffic Safety Act
(speeding offences - construction zone/emergency vehicles)
1 The specified penalty payable in respect of contraventions of
section 115(2)(p.2) and (
t) of the Traffic Safety Act are those set out in
the Table in this Part.
2 Where a person exceeds the speed limits referred to in the sections
referred to in
section 1 by more than 50 kilometres per hour, the person
is required to appear before a justice without the alternative of making
a voluntary payment.
Table
Kilometres
over limit
Amount of
specified penalty
(in dollars)
Kilometres
over limit
Amount of
specified penalty
(in dollars)
Part 34
Regulation under the Traffic Safety Act
Bill of Lading and Conditions
of Carriage Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Bill of Lading and Conditions of Carriage Regulation
(AR 313/2002) is $68.
Part 35
Regulation under the Traffic Safety Act
Commercial Vehicle Certificate
and Insurance Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002) shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
2(1) or (2)
3(1)
10(1)
11(1)
19(1) or (2)
20(1)
24(2), (3) or (4)
26(2)
29(2)
40(1) or (2)
41(1)
42(1) or (2)
47(1) to (3)
48(1)
52(2)
53(1) or (3)
Part 36
Regulation under the Traffic Safety Act
Commercial Vehicle Dimension
and Weight Regulation
1 The specified penalty for the contravention of
section 9(1) and (3)
of the Commercial Vehicle Dimension and Weight Regulation
(AR 315/2002) is $27 per 100 kg for overloads of up to 5000 kg and
$47 per 100 kg for overloads over 5000 kg.
2 The specified penalty for the contravention of sections 11(2) and
12(4) of the Commercial Vehicle Dimension and Weight Regulation
(AR 315/2002) is $34 per 100 kg for overloads of up to 5000 kg and
$47 per 100 kg for overloads over 5000 kg.
3 The specified penalty payable in respect of a contravention of a
provision of the Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002) shown in Column 1 is the amount shown in
Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
9(1) or (3)
see
section 1 of this
Part
10(3)
11(2)
see
section 2 of this
Part
12(4)
see
section 2 of this
Part
15(3) or (4)
18(4)
Part 37
Regulation under the Traffic Safety Act
Commercial Vehicle Safety Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Commercial Vehicle Safety Regulation (AR 121/2009)
shown in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
4(1)
see
section 3 of this
Part
4(2)
5(2)(
a) see
section 4 of this
Part
5(2)(
b) see
Part 42
5(3)
see
section 5 of this
Part
5(4)
see
section 6 of this
Part
5(5)(
a) see
section 7 of this
Part
5(5)(b)
5(6)
6(1), (2), (3), (4) or (5)
10(2), (4)(a), (4)(b),
(8)(a) (8)(b), (9) or (11)
11(1), (3) or (4)
12(2), (3), (4), (5) or (6)
13(1) or (2)
14(
a) or (b)
15(
a) or (b)
16(
a) or (b)
17(3)
see
section 2 of this
Part
17(4)
18(
a) see
Part 31
18(
b) see
section 7 of this
Part
19(1), (6) or (7)
20(1)
22(1)
23(2)
25(1) or (2)
26(1) or (2)
28(1) or (2)
31(2)
see
section 8 of this
Part
32(2)
33(1) or (2)
35(1), (2) or (3)
37(2), (3) or (4)
38(1) or (2)
2(1) In this Part, "Standard" means the National Safety Code for
Motor Carriers Standard 10 (Cargo Securement) made by the Canadian
Council of Motor Transport Administrators dated June 2013, as
amended from time to time, and adopted under
section 2 of the
Commercial Vehicle Safety Regulation (AR 121/2009).
(2) The specified penalty for the contravention of
section 17(3) of the
Commercial Vehicle Safety Regulation (AR 121/2009) is the amount
provided for the contravention of the relevant provision in the Standard
provided for in this section.
(3) The specified penalty payable in respect of a contravention of a
provision of
section 3(1), (2), (3) or (5) of
Part 1, Division 1 of the
Standard is $675.
(4) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 2 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
4(1)
4(2)
4(3)
(5) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 3 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
10(2) or (3)
11(4)
(6) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 4 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
19(1), (2) or (4)
22(2), (3) or (4)
(7) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 5 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
23(2)
(8) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 1 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
34(2)
40(2), (3), (4) or (5)
(9) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 2 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
46(1)
46(2)
(10) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 3 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
49(2) or (3)
49(4)
50(2)
50(3)
50(4)
52(1)
52(2)
52(3)
53(1)
53(2)
53(3)
54(1)
54(2)
54(3)
55(2)
55(3)
55(4)
(11) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 4 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
63(2)
63(3) or (5)
63(6), (7) or (8)
64(2)
65(3) or (4)
65(5)
65(6)
66(2) or (3)
68(3), (4), (5) or (6)
68(7)
69(2), (3), (4) or (5)
70(3), (4) or (5)
71(2) or (3)
72(2)
72(3)
72(4)
(12) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 5 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
75(2), (3), (4), (5) or (6)
79(2), (3) or (4)
80(3) or (4)
81(2) or (3)
82(2), (3), (4), (5), (6) or
(7) 675
(13) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 6 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
84(2), (3) or (4)
85(2), (3) or (4)
86(2), (4) or (5)
(14) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 7 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
88(2), (3), (4) or (6)
89(2), (3) or (4)
(15) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 8 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
96(1) or (2)
(16) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 9 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
Specified Penalty
in Dollars)
98(1), (2) or (3)
98(4)
99(1)
99(2)
3(1) The specified penalty for the contravention of
section 4(1) of the
Commercial Vehicle Safety Regulation (AR 121/2009) is the amount
provided for the contravention of the relevant provision in
Schedule 1
to the Commercial Vehicle Safety Regulation (AR 121/2009) provided
for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
1 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
1(2) or (4)
3(2) or (3)
4(2) or (3)
5(1) or (2)
6(1) or (2)
7(1)
9(1), (2) or (3)
11(
a) or (b)
13(1)(a)
13(1)(
b) or (1)(c)
15(1), (2)(a), (2)(
b) or
(2)(c)
16(1) or (2)
17(1), (2), (3), (4) or (5)
4(1) The specified penalty for the contravention of
section 5(2)(
a) of
the Commercial Vehicle Safety Regulation (AR 121/2009) is the
amount provided for the contravention of the relevant provision in
Schedule 2 to the Commercial Vehicle Safety Regulation
(AR 121/2009) provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
2 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
1(1) or (2)
5(2)
7(1) or (2)
8(a), (b), (c), (
d) or (e)
9(2)(a), (b), (c), (d), (
e) or
(f)
11(2)
16(2)
20(2)
21(2)
25(1) or (2)
28(2) or (3)
31(1) or (2)
5(1) The specified penalty for the contravention of
section 5(3) of the
Commercial Vehicle Safety Regulation (AR 121/2009) is the amount
provided for the contravention of the relevant provision in
Schedule 3
to the Commercial Vehicle Safety Regulation (AR 121/2009) provided
for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
3 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
5(1) or (2)
9(1) or (2)
6(1) The specified penalty for the contravention of
section 5(4) of the
Commercial Vehicle Safety Regulation (AR 121/2009) is the amount
provided for the contravention of the relevant provision in
Schedule 4
to the Commercial Vehicle Safety Regulation (AR 121/2009) provided
for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
4 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
3(1), (2), (3), (4), (5), (6), (7),
(8), (9), (10) or (11)
4(1), (2), (3), (4), (5), (6), (7),
(8), (9) or (10)
14(1) or (2)
7(1) The specified penalty for the contravention of
section 5(5)(
a) of
the Commercial Vehicle Safety Regulation (AR 121/2009) is the
amount provided for the contravention of the relevant provision in
Schedule 5 to the Commercial Vehicle Safety Regulation
(AR 121/2009) provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
5 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
2(1), (3) or (4)
3(1), (2) or (3)
4(1) or (2)
5(1) or (2)
6(1) or (2)
8(1) or (2)
9(1), (2), (3), (4), (5) or (6)
10(1), (2) or (3)
11(1), (2), (3) or (4)
12(1) or (2)
15(1), (2) or (3)
22(1) or (2)
23(2), (3) or (4)
25(1) or (2)
8(1) The specified penalty for the contravention of
section 31(2) of
the Commercial Vehicle Safety Regulation (AR 121/2009) is the
amount provided for the contravention of the relevant provision in
Schedule 6 to the Commercial Vehicle Safety Regulation
(AR 121/2009) provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
6 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown
in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
3(1) or (2)
4(1) or (2)
10(2), (3) or (4)
11(1)
12(1) or (2)
13(1), (2) or (3)
14(1) or (2)
15(1) or (2)
Part 38
Regulation under the Traffic Safety Act
Drivers' Hours of Service Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Drivers' Hours of Service Regulation (AR 317/2002)
is $405.
Part 39
Regulation under the Traffic Safety Act
Off-highway Vehicle Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Off-highway Vehicle Regulation (AR 319/2002)
shown in Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
29(2)
29(3)
33(1)
Part 40
Regulation under the Traffic Safety Act
Operator Licensing and Vehicle
Control Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Operator Licensing and Vehicle Control Regulation
(AR 320/2002) shown in Column 1 is the amount shown in Column 2
in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
Specified Penalty
in Dollars)
8(1)
8(2)
9(2)
13(2)
16(1)
20(1) or (2)
29(3) or (5)