NLR 72/17 - Management of Greenhouse Gas Administrative Penalty Regulations under the Management of Greenhouse Gas Act

NEWFOUNDLAND AND LABRADOR REGULATION 72/17 Management of Greenhouse Gas Administrative Penalty Regulations under the Management of Greenhouse Gas Act (O.C. 2017-231) Amended by: 51/19 NEWFOUNDLAND AND LABRADOR REGULATION 72/17 Management of Greenhouse Gas Administrative Penalty Regulations under the Management of Greenhouse Gas Act (O.C. 2017-231) (Filed July 27 , 2017) Under the authority of paragraph 30(1)(m) of the Management of Greenhouse Gas Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John's , July 27, 2017. Elizabeth Day Clerk of the Executive Council (Acting) REGULATIONS Analysis 1. Short title 2. Administrative penalty 3. Amount 4. Notice 5. Payment Short title 1. These regulations may be cited as the Management of Greenhouse Gas Administrative Penalty Regulations . Back to Top Administrative penalty 2. (1) The minister may order a person to pay an administrative penalty of not less than $1,500 and not more than $7,500 where the person contravenes (a) one or more of the following provisions of the Management of Greenhouse Gas Reporting Regulations : (i) subsection 7(1), (ii) subsection 7(1.1), (iii) subsection 7(5), (iv) subsection 7(6), (v) subsection 7(8), (vi) subsection 8(1), (vii) subsection 8(3), (viii) subsection 8.1(1), (ix) subsection 8.1(2), (x) section 9, (xi) subsection 10(4), (xii) subsection 10(5), (xiii) subsection 18(2), (xiv) subsection 18(3), (xv) section 19, (xvi) subsection 20(3), (xvii) subsection 20(4), (xviii) subsection 20.1(1), (xix) subsection 20.1(5), (xx) subsection 20.1(6), (xxi) subsection 21(4), (xxii) subsection 21(5), and (xxiii) subsection 22(2); (b) section 6 of the Opted-in Facilities Regulations ; or (c) subsection 4(9) or 6.1(2) of the Management of Greenhouse Gas Regulations . (2) The minister may order a person to pay an administrative penalty referred to in subsection (1) for each day or part of a day the contravention occurs or continues to occur. 51/19 s1 Back to Top Amount 3. In determining the amount of the administrative penalty under section 2 the minister shall consider (a) the severity of the contravention; (b) the degree of wilfulness or negligence in the contravention; (c) whether there was any mitigation relating to the contravention; (d) whether steps were taken to prevent reoccurrence after the contravention; (d) whether the industrial facility has a history of non-compliance; and (e) any other factors the minister considers relevant. Back to Top Notice 4. (1) Where the minister orders a person to pay an administrative penalty under these regulations, he or she shall give written notice to that person. (2) A notice under subsection (1) shall include (a) the name of the person required to pay the administrative penalty; (b) the basis on which the administrative penalty was ordered; and (c) the address for payment of the administrative penalty. (3) Notice under these regulations shall be given (a) to a person other than a corporation, by (i) personal delivery, (ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the last known address of the person, or (iii) fascimile telecommunication or other electronic communication; and (b) to a corporation, by (i) personal delivery to a director or chief executive officer of the corporation, or (ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the registered office of the corporation. Back to Top Payment 5. An administrative penalty imposed under these regulations shall be payable within 60 days from the date of the service of the notice.