1) Administrative Penalties *NEW*
Administrative penalties are becoming a more common enforcement tool for public safety regulations in Saskatchewan and across Canada. For more information about how they are being used in our province, read this Law Reform Commission of Saskatchewan report.
Administrative penalties can be applied by a chief official without applying to the court, and could include:
- a non-monetary order, such as an order requiring action such as additional training or reporting requirements;
- a single monetary fine, or an ongoing fine for each day the non-compliance continues; or
- a combination of the above.
The person or business to whom the penalty is given will have a chance to make a written or oral representation to the specified chief official after being notified of the administrative penalty. After 30 days, the penalty would either be applied as per the notice, altered, or revoked, depending on the representation given. A record of the penalty is then filed with the Court of Queen's Bench and could be appealed to the court.
Administrative penalties can provide flexible options to deal with non-compliance, giving public safety officials a realistic and timely way to apply a fine (monetary or otherwise), while also allowing the person facing a penalty the opportunity to represent his or her case. Officials with technical knowledge and familiarity with the offending party and the particular situation can apply a fair and appropriate penalty in a reasonable timeframe.
2) Penalties for offences
Penalties for offences are the maximum amount that may be applied by the court upon prosecution for contravention of an Act. The fines currently listed in the Acts need to be updated to present-day values.
It is proposed to have maximum penalties of $5,000 for an individual and $25,000 for a corporation in the Gas and Electrical Licensing Acts, $50,000 for an individual and $200,000 for a corporation in The Boiler and Pressure Vessel and Amusement Ride Acts, and $25,000 for an individual and $100,000 for a corporation in the remaining Acts.
3) Compliance Orders
There are two levels of compliance orders: first, ordered by a government chief official; and second, ordered by the court on application by the government. It is proposed to have both of these powers in all of the public safety Acts, as currently some Acts have only one of these powers or none at all.
An order from a chief official may be enough to encourage compliance, but an order by the court may be taken more seriously, and allow for additional sanctions if not followed, such as an application for civil contempt of the court.
4) Public Notice of Offences
In The Electrical Licensing Act the Minister may publish a notice of revocation or suspension of a licence in any manner considered necessary to protect the public. It is proposed to add this measure to all public safety Acts and broaden its applicability to all enforcement tools, as a further deterrent to non-compliance and to protect the public by including the authority to impose administrative penalties; and the right to go to court to obtain compliance orders.