Information for AHJ
Request for Administrative Penalty (Checklist)
Consider these statements prior to making a request to the Administrator to issue an Administrative Penalty:
- Has the individual contravened a provision of the Safety Codes Act, the regulations, or a code or standard adopted under the Safety Codes Act, or
- Has the individual failed to comply with or contravened an order made under the Safety Codes Act?
- Did the contravention or failure to comply occur or come to the attention of the AHJ after the in-force date of Administrative Penalties?
- If the administrator decides to issue an administrative penalty, will it be served within three years from the date on which the contravention or failure to comply is alleged to occur?
How penalties are determined
Administrative penalties are decided by the Administrator on a case-by-case basis. Factors considered in deciding to issue a penalty are:
- Severity and extent of the contravention
- Risk of harm resulting from the contravention
- Compliance history of the contravener
- Degree of negligence or willful non-compliance
- Economic benefit derived by the contravener from the contravention
The Administrator will serve a Notice of Administrative Penalty on a contravener and will advise the AHJ. The notice of administrative penalty will include the contravention, the penalty amount, the payment deadline, and appeal information.