O. Reg. 170/17: ADMINISTRATIVE PENALTIES

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ontaRio regulation 170/17

made under the

Ontario College of Trades and Apprenticeship Act, 2009

Made: May 31, 2017
Filed: June 2, 2017
Published on e-Laws: June 2, 2017
Printed in The Ontario Gazette: June 17, 2017

Administrative Penalties

Definitions

1. In this Regulation,

“section 2 notice of contravention” means a notice of contravention issued under subsection 59.1 (1) of the Act in respect of a contravention of section 2 of the Act;

“section 4 notice of contravention” means a notice of contravention issued under subsection 59.1 (1) of the Act in respect of a contravention of section 4 of the Act.

Section 2 of Act: practice of compulsory trade

2. (1) The amount of an administrative penalty to be imposed for the first day that a contravention of section 2 of the Act occurs is,

(a) $250 for the first section 2 notice of contravention issued;

(b) $500 for the second section 2 notice of contravention issued; and

(c) $1,000 for the third and every subsequent section 2 notice of contravention issued.

(2) If the Registrar or an inspector appointed under section 54 of the Act has issued a section 2 notice of contravention, and subsequently believes that the contravention occurred again on additional days within 60 days after the first day, the notice may be reissued and on reissue the administrative penalty may be increased by multiplying the amount specified under subsection (1) by the number of additional days, subject to the maximum penalty amounts set out in subsection (3).

(3) The maximum amount of a penalty for a section 2 notice of contravention is,

(a) $5,000 for the first and second section 2 notices of contravention issued; and

(b) $10,000 for the third and every subsequent section 2 notice of contravention issued.

(4) If at least three years have passed since a person was last issued a section 2 notice of contravention, the next one issued to the person shall be considered a first section 2 notice of contravention for the purposes of this section.

Section 4 of Act: employing or engaging persons in practice of compulsory trade

3. (1) The amount of an administrative penalty to be imposed for the first day that a contravention of section 4 of the Act occurs is,

(a) for the first section 4 notice of contravention issued, $500 multiplied by the number of individuals identified in the notice as being employed or otherwise engaged by the recipient of the notice;

(b) for the second section 4 notice of contravention issued, $1,000 multiplied by the number of individuals identified in the notice as being employed or otherwise engaged by the recipient of the notice;

(c) for the third and every subsequent section 4 notice of contravention issued, $2,000 multiplied by the number of individuals identified in the notice as being employed or otherwise engaged by the recipient of the notice.

(2) If the Registrar or an inspector appointed under section 54 of the Act has issued a section 4 notice of contravention, and subsequently believes that the contravention occurred again on additional days within 60 days after the first day, the notice may be reissued and on reissue the administrative penalty may be increased by multiplying the amount specified under subsection (1) by the number of additional days, subject to the maximum penalty amounts set out in subsection (3).

(3) The maximum amount of a penalty for a section 4 notice of contravention is $10,000.

(4) If at least three years have passed since a person was last issued a section 4 notice of contravention, the next one issued to the person shall be considered a first section 4 notice of contravention for the purposes of this section.

Commencement

4. This Regulation comes into force on the later of June 6, 2017 and the day it is filed.

 

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