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FOREST RESERVES AMENDMENT ACT, 2004

FOREST RESERVES AMENDMENT ACT, 2004

Chapter 9

(Assented to March 11, 2004)


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cF‑20

1   The Forest Reserves Act is amended by this Act.

 

8   The following is added after section 8:

Administrative penalties

8.1(1)  Where the Minister is of the opinion that a person has contravened a provision of this Act or the regulations, the Minister may, subject to the regulations, by notice in writing served on the person personally or by mail require that person to pay to the Government an administrative penalty in the amount set out in the notice for each contravention.

(2)  A person who contravenes a provision referred to in subsection (1) is liable for the administrative penalty for each day or part of a day on which the contravention occurs and continues.

(3)  The maximum amount of an administrative penalty that may be imposed under subsection (1) is $5000 or, in the case of a contravention that continues beyond a single day, $5000 for each day or part of a day referred to in subsection (2).

(4)  A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention.

(5)  A notice under subsection (1) may not be issued more than 2 years after

                                    (a)    the date on which the contravention occurred, or

                                   (b)    the date on which evidence of the contravention first came to the attention of an individual referred to in section 3,

whichever occurs later.

Payment of penalty

8.2   A person who has been served with a notice of administrative penalty pursuant to section 8.1 shall pay the amount of the penalty within 30 days from the date of service of the notice.

Enforcement in Court of Queen’s Bench

8.3   Subject to the right to appeal a notice of administrative penalty, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.

Regulations

8.4   The Minister may make regulations respecting appeals from notices of administrative penalty issued under section 8.1 including, without limitation, regulations respecting

                                    (a)    the composition and manner of appointment of the appeal body;

                                   (b)    the evidence to be considered by the appeal body and the factors that the appeal body is to consider in reaching its decision;

                                    (c)    the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty;

                                   (d)    the procedure to be followed in the appeal and the procedure before the appeal body.

 

11   Section 8 comes into force on Proclamation.