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AR 193/98 WATER (OFFENCES AND PENALTIES) REGULATION

(Consolidated up to 250/2018)

ALBERTA REGULATION 193/98

Water Act

WATER (OFFENCES AND PENALTIES) REGULATION

Table of Contents

                1       Interpretation


Part 1
Offences and Penalties

                2       Offences, penalties and administrative penalties

                3       Due diligence defence

Part 2
Administrative Penalty

                4       Applicability of administrative penalty

                5       Penalty assessment

                6       Payment of penalty


Schedule

Interpretation

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

(2)  The applicable interpretation provisions in the Water (Ministerial) Regulation (AR 205/98) apply with respect to this Regulation.

AR 193/98 s1;250/2018

Part 1
Offences and Penalties

Offences, penalties and administrative penalties

2(1)  A person who contravenes any provision (other than that mentioned in subsection (3)) of the Safety Directive or of the Wells Directive or any of the provisions of the Water (Ministerial) Regulation (AR 205/98) referred to below in this subsection 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(3);

                                 (d)    section 29(1) or (2);

                                 (e)    section 30(1) or (2);

                                 (f)    section 31(1), (2) or (3);

                                 (g)    section 32(2), (3) or (4);

                                 (h)    section 33(1), (2) or (3);

                                  (i)    section 34(1) or (2);

                                  (j)    section 34.1(3), (4) or (5);

                                 (k)    section 35(1);

                                  (l)    section 67(1), (2) or (3);

                               (m)    section 68(1), (2) or (3).

(2)  A person who contravenes a Code of Practice adopted by section 3 or 6 of the Water (Ministerial) Regulation (AR 205/98) 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 (AR 205/98) or a person who contravenes a provision of the Safety Directive that is the same or similar in effect to the repealed section 39(4) of the Water (Ministerial) Regulation (AR 205/98) 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;250/2018

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) and (3), 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 subsection (3), 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)  The maximum administrative penalty that may be imposed for the purposes of section 152(1.1)(a) of the Act is $5000 for each contravention or for each day or part of a day on which the contravention occurs and continues, as the case may be.

(4)  Repealed AR 250/2018 s4.

AR 193/98 s5;250/2018

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   Repealed AR 250/2018 s5.

Schedule   

Contraventions in Respect of Which an
Administrative Penalty may be Imposed

1   The contraventions referred to 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 of the Act 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.

AR 193/98 Sched;250/2018