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AR 193/98 WATER (OFFENCES AND PENALTIES) REGULATION

(Consolidated up to 229/2017)

ALBERTA REGULATION 193/98

Water Act

WATER (OFFENCES AND PENALTIES) REGULATION

Table of Contents

                1      Interpretation


Part 1
Offences and Penalties

                2      Regulatory offences

                3      Due diligence defence

Part 2
Administrative Penalty

                4      Applicability of administrative penalty

                5      Penalty assessment

                6      Payment of penalty

Part 3
Expiry, Coming into Force

                7      Expiry

                8      Coming into force

Schedule

Interpretation

1(1)  In this Regulation, “Act” means the Water Act.

(2)  The definitions in the Water (Ministerial) Regulation apply to this Regulation.

Part 1
Offences and Penalties

Regulatory offences

2(1)  A person who contravenes any of the following provisions of the Water (Ministerial) Regulation is guilty of an offence and is liable, in the case of an individual, to a fine of not more than $50 000, or in the case of a corporation, to a fine of not more than $500 000:

                               (a)    section 4(3);

                              (b)    section 7(3);

                               (c)    section 26;

                              (d)    section 27;

                               (e)    section 28(1);

                               (f)    section 29(1);

                               (g)    section 30(1);

                              (h)    section 31;

                               (i)    section 32;

                               (j)    section 33;

                              (k)    section 34;

                               (l)    section 35;

                             (m)    section 37(3);

                              (n)    section 38;

                              (o)    section 39(2) and (3);

                              (p)    section 41;

                              (q)    section 42;

                               (r)    section 43;

                               (s)    section 67;

                               (t)    section 68.

(2)  A person who contravenes a Code of Practice adopted by section 3 or 6 of the Water (Ministerial) Regulation is guilty of an offence and is liable

                               (a)    in the case of an individual, to a fine of not more than $50 000, or

                              (b)    in the case of a corporation, to a fine of not more than $500 000.

(3)  An applicant who contravenes section 13 of the Water (Ministerial) Regulation or a person who contravenes section 39(4) of the Water (Ministerial) Regulation is guilty of an offence and is liable

                               (a)    in the case of an individual, to a fine of not more than $250, or

                              (b)    in the case of a corporation, to a fine of not more than $1000.

AR 193/98 s2;164/2005

Due diligence defence

3   A person shall not be convicted of an offence referred to in section 2(1) or (2) if that person establishes on a balance of probabilities that the person took all reasonable steps to prevent its commission.

Part 2
Administrative Penalty

Applicability of administrative penalty

4(1)  An administrative penalty under section 152 of the Act may be imposed in respect of those provisions listed 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;

                              (d)    a statement of the right to appeal by notice of appeal to the Environmental Appeal Board under section 115(1)(q) of the Act.

Penalty assessment

5(1)  Subject to subsections (2), (3) and (4), the amount of an administrative penalty for each contravention that occurs or continues is the amount set out in the Base Penalty Table but that amount may be increased or decreased by the Director in accordance with subsection (2).

Base Penalty Table
Type of Contravention

 

 

Major

Moderate

Minor

Potential for Adverse Effect

Major

Moderate

  $5000 


   3500 

$3500 


 2500 

$2500 


 1500 

 

Minor to None

   2500 

 1500 

 1000 

(2)  Subject to section 169(3)(f) of the Act, the Director may increase or decrease the amount of the administrative penalty from the amount set out in the Base Penalty Table on considering the following factors:

                               (a)    the importance to the regulatory scheme of compliance with the provision;

                              (b)    the degree of wilfulness or negligence in the contravention;

                               (c)    whether or not there was any mitigation relating to the contravention;

                              (d)    whether or not steps have been taken to prevent reoccurrence of the contravention;

                               (e)    whether or not the person who receives the notice of administrative penalty has a history of non-compliance;

                               (f)    whether or not the person who receives the notice of administrative penalty has derived any economic benefit from the contravention;

                               (g)    any other factors that, in the opinion of the Director, are relevant.

(3)  If a contravention of a provision listed in the Schedule occurs or continues, the person who commits the contravention is liable for an administrative penalty for each day or part of a day on which the contravention occurs or continues.

(4)  In accordance with section 169(3)(f) of the Act, the maximum administrative penalty that may be charged in respect of each contravention is $5000.

Payment of penalty

6   A person who is given a notice of administrative penalty must pay the amount of the penalty within 30 days of the date that the notice was given.

Part 3
Expiry, Coming into Force

Expiry

7   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on December 1, 2019.

AR 193/98 s7;63/2003;274/2009;188/2012;184/2015;229/2017

Coming into force

8   This Regulation comes into force on the date the Act comes into force.


Schedule   

Contraventions in Respect of Which an
Administrative Penalty may be Imposed

1   Offences described in section 142(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r) or (s) of the Act are the provisions in respect of which an administrative penalty may be imposed under section 152 of the Act.

2   A contravention of a provision referred to in section 2(1) and (2) of this Regulation is a provision in respect of which an administrative penalty may be imposed under section 152 of the Act.