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ARTICLE · 17 NOVEMBER 2017

Alberta Safety Codes Act Introduces New Administrative Penalty Framework

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Starting on December 1, any person or entity subject to the Alberta's Safety Codes Act (Act), could face an administrative penalty for any breach of the Act, its numerous regulations, or its adopted codes or standards.

CanadaEmployment and HR

Starting on December 1, any person or entity subject to the Alberta's Safety Codes Act (Act), could face an administrative penalty for any breach of the Act, its numerous regulations, or its adopted codes or standards.

The addition of administrative penalties is a material change to the Act, similar to the amendments made to Alberta's Occupational Health and Safety Act in October 2013.

Currently, offences under the Act may be punished with significant fines, but only following a successful prosecution in which the accused has been found guilty of the offence. This new administrative penalty framework will lower the threshold at which financial penalties could be incurred. Administrative penalties can be imposed when an administrator "is of the opinion" that a "person" (a term that includes individuals, corporations, partnerships and Indian bands) has:

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