Provincial Administrative Penalties Regulation

(Consolidated up to 208/2021) alberta regulation 217/2020 Provincial Administrative Penalties Act PROVINCIAL ADMINISTRATIVE PENALTIES REGULATION Table of Contents 1 Definitions 2 Application Part 1 Administrative Penalties 3 Notice of administrative penalty 4 Amount of fine for contravention of certain Traffic Safety Act provisions Part 2 Reviews 5 Request for review 6 Oral or written review 7 Recording of oral review 8 Adjournments 9 Cancellation of oral review 10 Exceptional circumstances for extension of time 11 Notice of decision on extending time 12 Evidence in reviews 13 Evidentiary presumption Part 3 General 14 Signatures and manner of signification 15 Documents may be dealt with electronically 16 Electronic transmittal 17 Confirmations 18 Preferred method of communication 19 Fees for provision of documents 20 Fees to cover transaction fees 21 Coming into force Definitions 1 In this Regulation, (a) “Act” means the Provincial Administrative Penalties Act ; (b) “adjudication branch”, in respect of a contravention for which a notice of administrative penalty is issued, means the part of the public service designated under section 9 of the Act as the adjudication branch responsible for the enactment that was contravened; (c) “confirmation” means a statement of an officer made in accordance with section 17(1) or (2); (d) “Director”, in respect of a contravention for which a notice of administrative penalty is issued, means the person designated under section 10 of the Act as the Director of the adjudication branch for reviews of notices of administrative penalty issued with respect to contraventions of the enactment that was contravened; (e) “Registrar” means the Registrar of Motor Vehicle Services appointed under the Traffic Safety Act ; (f) “review” means a review under Part 2 of the Act. Application 2 This Regulation applies only in respect of administrative penalties under prescribed enactments. Part 1 Administrative Penalties Notice of administrative penalty 3 (1) A notice of administrative penalty for a contravention of a provision under the Traffic Safety Act to which the Act applies must be in writing and must include the following information: (a) the name of the recipient; (b) the provision that was contravened; (c) the recipient’s right to request a review under section 7 of the Act and the period within which any review must be requested; (d) the website address where the following information is available to the recipient: (i) the particulars of the contravention, including the date and location of the contravention; (ii) the particulars of all administrative penalties being imposed in respect of the contravention; (iii) the name of the officer who issued the notice of administrative penalty; (iv) the officer’s confirmation, made in accordance with section 17(1), of the notice of administrative penalty; (v) if a fine is imposed in respect of the contravention, the amount of the fine, the amount of any applicable surcharge, the date by which the fine and any surcharge must be paid, the places where the fine and surcharge may be paid and the methods by which they may be paid; (e) any places other than the website address referred to in clause (d) where the recipient may access the information referred to in clause (d)(i) to (v). (2) The information available to the recipient at the website address referred to in subsection (1)(d) forms part of the notice of administrative penalty. (3) The officer who issued the notice of administrative penalty shall provide a copy of the notice to the Director. AR 217/2021 s3;208/2021 Amount of fine for contravention of certain Traffic Safety Act provisions 4 Where a contravention of section 88.01, 88.02, 88.03 or 88.1 of the Traffic Safety Act is the subject of a notice of administrative penalty, the amount of the fine that may be imposed by the notice is (a) in the case of a contravention of section 88.01, $200, (b) in the case of a contravention of section 88.02, (i) if the contravention is the recipient’s first contravention of that section, $300, (ii) if the contravention is the recipient’s 2nd contravention of that section, $600, or (iii) if the contravention is the recipient’s 3rd or any subsequent contravention of that section, $1200, (c) in the case of a contravention of section 88.03, (i) if the contravention is the recipient’s first contravention of that section, $300, (ii) if the contravention is the recipient’s 2nd contravention of that section, $600, or (iii) if the contravention is the recipient’s 3rd or any subsequent contravention of that section, $1200, or (d) in the case of a contravention of section 88.1, (i) if the contravention is the recipient’s first contravention of that section, $1000, or (ii) if the contravention is the recipient’s 2nd or any subsequent contravention of that section, $2000, plus the applicable surcharge. Part 2 Reviews Request for review 5 A request under section 7 of the Act for review of a notice of administrative penalty must (a) state the recipient’s name and address and, if the recipient is represented by a lawyer or other agent, state the lawyer’s or other agent’s name and address and attach a document that verifies the agency relationship to the satisfaction of the Director, (b) identify the notice of administrative penalty being disputed and the date of the notice as stated on the notice, (c) identify the date of the contravention, and (d) contain any other information the Director requests. Oral or written review 6 (1) Subject to subsection (2), a review may be conducted in writing. (2) A review must be conducted orally where the recipient requests an oral review and pays the fee that is prescribed by or under the prescribed enactment that was contravened. (3) An oral review may be conducted (a) by telephone, or (b) by any electronic means approved by the Director. (4) The duration of an oral review must not exceed 30 minutes. Recording of oral review 7 The Director may require that an oral review or any part of an oral review be recorded. Adjournments 8 The Director may adjourn a review from time to time as the Director considers appropriate. Cancellation of oral review 9 Where a review is being conducted orally and, in the opinion of the adjudicator, the conduct of any person during the review makes continuing with the review impracticable or inappropriate, the adjudicator may, in the adjudicator’s discretion, cancel the remainder of the oral review and make a decision on the review based on any oral or written submissions provided up to that point. Exceptional circumstances for extension of time 10 (1) Circumstances in which the adjudication branch experiences a failure of an electrical or information technology system, a natural disaster, a legal or illegal work stoppage, a pandemic or any other external event that delays normal business operations are prescribed as exceptional circumstances in which the Director may extend the period referred to in section 15 of the Act. (2) The following circumstances are prescribed as exceptional circumstances in which the Director may extend the period referred to in section 20(2)(a) of the Act: (a) circumstances in which the recipient was unaware of the notice of administrative penalty, if on becoming aware of it the recipient took prompt action to notify the Director; (b) circumstances in which the recipient experienced physical or mental incapacity rendering the recipient unable to respond to the notice of administrative penalty within the time provided by section 7 of the Act, if on regaining capacity the recipient took prompt action to notify the Director; (c) circumstances in which the recipient experienced unforeseen and unavoidable events rendering the recipient unable to respond to the notice of administrative penalty within the time provided by section 7 of the Act, if the recipient took prompt action to notify the Director. (3) The following circumstances are prescribed as exceptional circumstances in which the Director may extend the period referred to in section 20(2)(b) of the Act: (a) circumstances in which the recipient experienced physical or mental incapacity rendering the recipient unable to participate in a review as referred to in section 19 of the Act, if on regaining capacity the recipient took prompt action to notify the Director; (b) circumstances in which the recipient experienced unforeseen and unavoidable events rendering the recipient unable to participate in a review as referred to in section 19 of the Act, if the recipient took prompt action to notify the Director. (4) The following circumstances are prescribed as exceptional circumstances in which the Director may extend the period referred to in section 22(1) of the Act: (a) circumstances in which the Director extended the period referred to in section 15 of the Act in accordance with subsection (1); (b) circumstances in which the Director extended the period referred to in section 20(2)(a) or (b) of the Act in accordance with subsection (2) or (3). (5) Where the Director extends the period referred to in section 15, 20(2)(a) or (b) or 22(1) of the Act, the Director may grant the recipient an additional period of time to pay any fine imposed by the notice of administrative penalty and any applicable surcharge. Notice of decision on extending time 11 (1) On deciding whether to accept a recipient’s request for late review under section 20(2) of the Act, the Director shall promptly provide the recipient with a copy of the Director’s decision. (2) Where the Director extends a period referred to in section 15 or 22(1) of the Act, the Director shall promptly provide the recipient with a copy of the Director’s decision. Evidence in reviews 12 (1) In this section, “bodily substance analysis” means an analysis of breath, blood, urine or oral fluid. (2) The following are prescribed as evidence and information that an adjudicator may consider, in addition to the records, representations, arguments and evidence listed in section 18(2)(a) to (e) of the Act, before making a decision: (a) any relevant records submitted by an officer or an officer’s agent in relation to the contravention; (b) any relevant records of the Registrar in relation to the contravention; (c) in the case of a review respecting a contravention of section 88, 88.01, 88.02, 88.03 or 88.1 of the Act, the results of any bodily substance analysis submitted in relation to the contravention. Evidentiary presumption 13 A document signed by a person who is authorized to perform a function of (a) a law enforcement agency or other enforcement office represented by the officer who issued the notice of administrative penalty under review, or (b) the Director shall, without proof of the signature or official character of the person, be admitted in evidence on a review as proof, in the absence of evidence to the contrary, of facts stated in the document that relate to a function the person is authorized to perform. Part 3 General Signatures and manner of signification 14 (1) Where the Act or this Regulation requires a notice of administrative penalty, confirmation, report, notes or other document to be signed by an officer or other person, the requirement is satisfied if the notice or other document is signed, marked, subscribed, endorsed, acknowledged or otherwise signified by the officer or other person in any manner approved by the Director. (2) The Director may approve any manner of signification of a document, including any manner of signification by electronic means, that the Director considers appropriate and may approve (a) different manners of signification for officers than for other persons, or (b) different manners of signification for different types of documents. Documents may be dealt with electronically 15 Where the Act or this Regulation requires or provides for the creation, registration, issuance, transmittal, storage or recording of a notice of administrative penalty or any other document, the document may be created, registered, issued, transmitted, stored, recorded or submitted by any electronic means approved by the Director. Electronic transmittal 16 An officer who issued a notice of administrative penalty or any person employed by the law enforcement agency or other enforcement office that the officer represents may transmit by electronic means, for any purpose, including a review, the notice of administrative penalty or any confirmation, report, notes or other document relating to the notice or to the contravention in respect of which it was issued, if (a) the document is signed by the officer and states the officer’s name, badge or regiment number and the name of the law enforcement agency or other enforcement office, and (b) the electronic means used to transmit the document are protected by a password issued in confidence to the officer or other person transmitting the document or by another method that is reasonably secured against unauthorized use. Confirmations 17 (1) For the purposes of section 14 of the Act and section 3(1)(d)(iv), an officer who issues a notice of administrative penalty may confirm the notice by signing a statement that the officer has reasonable grounds to believe that the contravention occurred. (2) For the purposes of section 14 of the Act, where any report, notes or other document, other than a notice of administrative penalty, is created, registered, issued, stored, recorded or transmitted by electronic means for any purpose under the Act or this Regulation, an officer may confirm the report, notes or other document by signing a statement that the content of the report, notes or other document is true, or in the case of a photograph that the photograph has not been altered in any material way, based on (a) the officer’s personal knowledge, or (b) the officer’s information and belief, if the basis of the information and belief is reasonably clear from the document, is set out in the statement or is otherwise disclosed by the officer. Preferred method of communication 18 (1) Where a recipient who files a request for late review under section 20(1) of the Act indicates to the Director that ordinary mail, telephone, facsimile or email or another electronic method of communication is the recipient’s preferred method of communication and, for that purpose, provides the recipient’s mailing address, telephone number, facsimile number or email or other electronic address to the Director, the Director may use that address or number for the purpose of notifying the recipient of a decision under section 20(3) of the Act. (2) For the purposes of section 22(1) of the Act, the prescribed manner in which an adjudicator shall provide a copy of the adjudicator’s decision under section 21 of the Act to a recipient is (a) by sending the copy of the decision to the mailing address, telephone number, facsimile number or email or other electronic address provided by the recipient under subsection (1), or (b) if the recipient has not provided an address or number under subsection (1) or the adjudicator has any concern about using that address or number, by sending a copy of the decision by ordinary mail to the last address for the recipient as shown in the records of the Registrar. Fees for provision of documents 19 The Director has discretion to charge reasonable fees for the production of documents requested by a recipient. Fees to cover transaction fees 20 Where a recipient uses a credit card, or any other form of payment that requires the receiver of the payment to pay a fee on the transaction, to pay (a) a fine imposed by a notice of administrative penalty for a contravention referred to in section 4, (b) a fee under section 19 for the production of documents, (c) a fee for requesting a review under section 7 of the Act, or (d) a fee for requesting a late review under section 20 of the Act, the Director may require the recipient to pay a fee in an amount to be determined by the Director. Coming into force 21 This Regulation has effect on the coming into force of section 44(22) of the Act.