An administrator may consider issuing a penalty when a person has failed to comply with one or all of the following:
- certain provisions of the Safety Codes Act
- an order made under the Act
- a condition in a permit, certificate or variance issued under the Act
Administrative penalties support improved compliance outcomes and do not replace orders and prosecution under the Safety Codes Act.
How penalties are determined
The administrator decides on a penalty, on a case-by-case basis, considering factors such as:
- severity and extent of the contravention
- risk of harm resulting from the contravention
- compliance history of the contravener
- degree of negligence or wilful non-compliance
- economic benefit received by the contravener from the negligence
An administrative penalty is a single amount or an amount for each day or part of a day that a contravention or failure to comply continues.
The maximum daily amount is $10,000, and the total amount of the penalty cannot exceed $100,000.
The administrator will serve a Notice of Administrative Penalty on a contravener and will advise the responsible authority, such as the municipality accredited under the Safety Codes Act or other responsible authority under the Act.
The notice of administrative penalty includes the:
- penalty amount
- payment deadline
- appeal information
Recipients of an administrative penalty may submit a notice of appeal within 30 days of service of the penalty.
Appeals will be handled by the New Home Buyer Protection Board.
Administrative penalties will be published according to the Safety Codes Act when they are issued.
Payment of the penalty is due on or before the date specified in the notice of administrative penalty, which must be at least 30 days after the notice was served.
The penalty may go to collections after 30 days if the contravener has not:
- remedied the contravention
- paid the penalty
- filed for an appeal
In addition, a municipality accredited under the Safety Codes Act or other responsible authority under the Act can refuse to issue new permits.
The responsible authority may also suspend or cancel existing permits previously issued to the contravener if the contravener fails to comply with an administrative penalty.
Connect with the Administrator of Administrative Penalties: