This provision sets administrative penalty amounts for certain elevating device contraventions, tells when a penalty order is treated as served, and requires payment within 30 days after service.
Administrative Penalties — elevating devices 1. (1) In this section, “elevating device” has the same meaning as in subsection 1 (1) of Ontario Regulation 209/01 (Elevating Devices) made under the Act. (2) The provisions of this Regulation that are set out in the Schedule, as they apply to the classes of elevating devices set out in paragraphs 1, 2, 4.1, 5, 6, 7, 9, 10, 11, 12 and 13 of subsection 1 (5) of Ontario Regulation 209/01 (Elevating Devices) made under the Act, are prescribed for the purposes of clause 32.1 (1) (a) of the Act. (3) The amount of an administrative penalty that an assessor may, by order, impose under 32.1 (1) of the Act against a person for each contravention of a provision of Ontario Regulation 209/01 (Elevating Devices) made under the Act that is set out in the Schedule to this Regulation is as follows: 1. If the person on whom the penalty is imposed is a contractor, $5,000. 2. If the person on whom the penalty is imposed is a licence holder for an elevating device or an owner, $3,000. 3. If the person on whom the penalty is imposed is any other person, $1,000. Service of order 2. An order made under subsection 32.1 (1) of the Act is deemed to have been served, (a) on the day it is given, if it is given by personal service; (b) on the day it is sent by email, if it is sent by email; or (c) on the third day after it is mailed, if it is sent by registered mail. Time for payment 3. An order imposing an administrative penalty against a person shall specify that the person is required to pay the penalty within 30 days of being served with the order imposing the penalty. 4. Omitted (provides for coming into force of provisions of this Regulation). Schedule Item Provision of O. Reg. 209/01 (Elevating Devices) 1. Section 6 2. Subsection 7 (1) 3. Clause 8 (a) 4. Clause 8 (b) 5. Subsection 9 (1) 6. Subsection 9 (2) 7. Clause 10 (1) (a) 8. Clause 10 (1) (b) 9. Section 11 10. Section 12 11. Section 13 12. Subsection 19 (1) 13. Subsection 19 (2) 14. Subsection 23 (1) 15. Subsection 24 (1) 16. Subsection 24 (2) 17. Subsection 24 (3) 18. Subsection 25 (1) 19. Subsection 25 (2) 20. Subsection 25 (3) 21. Section 27 22. Subsection 29 (1) 23. Subsection 29 (2) 24. Clause 29 (3) (a) 25. Clause 29 (3) (b) 26. Subsection 32 (1) 27. Subsection 32 (4) 28. Subsection 33 (1) 29. Subsection 33 (2) 30. Subsection 33 (3) 31. Subsection 33 (4) 32. Subsection 33 (5) 33. Subsection 33 (6) 34. Subsection 33 (7) 35. Section 35 36. Clause 36 (1) (a) 37. Clause 36 (1) (b) 38. Clause 36 (2) (a) 39. Clause 36 (2) (b) 40. Clause 36 (3) (a) 41. Clause 36 (3) (b) 42. Subsection 36 (4) 43. Clause 36 (5) (a) 44. Clause 36 (5) (b) 45. Clause 36 (5) (c) 46. Subsection 36 (6) 47. Subsection 36 (7) 48. Subsection 36 (8) 49. Clause 37 (a) 50. Clause 37 (b) 51. Clause 37 (c) 52. Clause 37 (d) 53. Clause 37 (e) 54. Clause 37 (f) 55. Clause 37 (g) 56. Clause 38 (a) 57. Clause 38 (b) 58. Subsection 40 (1) 59. Subsection 40 (2) 60. Clause 41 (b) 61. Clause 41 (c) 62. Clause 41 (d) 63. Clause 41 (e) 64. Clause 42 (a) 65. Clause 42 (b) 66. Clause 42 (c) 67. Clause 42 (d) 68. Clause 44 (2) (a) 69. Clause 44 (2) (b) 70. Subsection 44 (3) 71. Subsection 45 (1) 72. Subsection 45 (4) 73. Subsection 45 (5)