This provision defines two kinds of contravention notices, sets what a compliance order must include, requires a person to file a notice of compliance within three days after believing compliance is achieved, limits when an inspector may amend or revoke an order, and sets penalty amounts for section 6 and section 7 contraventions.
Definitions 1. In this Regulation, “section 6 notice of contravention” means a notice of contravention issued under subsection 27 (1) of the Act in respect of a contravention of section 6 of the Act; “section 7 notice of contravention” means a notice of contravention issued under subsection 27 (1) of the Act in respect of a contravention of section 7 of the Act. Information in compliance order 2. (1) A compliance order made under subsection 26 (1) of the Act shall include, (a) the name of the non-compliant person; (b) the location where the non-compliance occurred; (c) the provision of the Act, regulation, registered training agreement or previously issued compliance order that was not complied with; (d) the date of the non-compliance; (e) the general nature of the non-compliance; (f) information respecting what to do or refrain from doing in order to become compliant, where applicable; and (g) the date by which compliance must be achieved, where applicable. (2) Where a compliance order requires a person to submit a plan to the Ministry under subsection 26 (2) of the Act, the compliance order shall, in addition to including the information described in that subsection of the Act and in subsection (1) of this section, require the plan to specify when the person intends to achieve compliance. Amendment or revocation of compliance order 3. An inspector may not amend or revoke an order under subsection 26 (5) of the Act unless the inspector is satisfied that there are new facts that could potentially impact the compliance order and that could not reasonably have been obtained earlier. Notice of compliance 4. (1) Within three days after a person who has received a compliance order believes that compliance with the order has been achieved, the person shall submit to the Ministry a notice of compliance in the form included with the compliance order. (2) Despite the submission of a notice of compliance, a person achieves compliance with a compliance order when an inspector determines that compliance has been achieved. Section 6 of Act: practice of compulsory trade 5. (1) The amount of an administrative penalty to be imposed for a contravention of section 6 of the Act is, (a) $250 for the first section 6 notice of contravention issued; (b) $500 for the second section 6 notice of contravention issued; and (c) $1,000 for the third and every subsequent section 6 notice of contravention issued. (2) If an inspector appointed under subsection 20 (1) of the Act has issued a section 6 notice of contravention under clause (1) (a), (b) or (c), and subsequently believes that the same contravention occurred again on one or more additional days within 60 days after the day the notice was issued, the notice may be reissued and on reissue the administrative penalty may be increased by multiplying the amount specified under clause (1) (a), (b) or (c), as the case may be, 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 6 notice of contravention is, (a) $5,000 for the first and second section 6 notices of contravention issued; and (b) $10,000 for the third and every subsequent section 6 notice of contravention issued. (4) If at least three years have passed since a person was last issued a section 6 notice of contravention, the next one issued to the person shall be considered a first section 6 notice of contravention for the purposes of this section. Section 7 of Act: employing or engaging persons in practice of compulsory trade 6. (1) An inspector shall issue only one section 7 notice of contravention in respect of a contravention on any given day. (2) The amount of an administrative penalty to be imposed for a contravention of section 7 of the Act is, (a) for the first section 7 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 in contravention of section 7; (b) for the second section 7 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 in contravention of section 7; and (c) for the third and every subsequent section 7 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 in contravention of section 7. (3) If an inspector appointed under subsection 20 (1) of the Act has issued a section 7 notice of contravention under clause (2) (a), (b) or (c), and subsequently believes that the same contravention occurred again on one or more additional days within 60 days after the day the notice was issued, the notice may be reissued and on reissue the administrative penalty may be increased by multiplying the amount specified under clause (2) (a), (b) or (c), as the case may be, by the number of additional days, subject to the maximum penalty amounts set out in subsection (4). (4) The maximum amount of a penalty for a section 7 notice of contravention is $10,000. (5) If at least three years have passed since a person was last issued a section 7 notice of contravention, the next one issued to the person shall be considered a first section 7 notice of contravention for the purposes of this section. 7. Omitted (provides for coming into force of provisions of this Regulation).