BILL 43
An Act to Amend the Occupational Health and Safety Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by adding after section 36 the following:
ADMINISTRATIVE PENALTIES
Administrative penalties
36.1( 1) If an officer makes an order in writing under section 31 or 32, the officer may impose an administrative penalty in respect of any contravention of the Act or the regulations specified in the order.
36.1( 2) An administrative penalty shall be imposed within 14 days after the date the order was served, unless the Commission extends the period within which the administrative penalty may be imposed.
Administrative penalty and offence
36.2( 1) A person subject to an administrative penalty shall not be charged with an offence under this Act in respect of the same contravention that gave rise to the administrative penalty.
36.2( 2) A person charged with an offence under this Act shall not be subject to an administrative penalty in respect of the same contravention that gave rise to the charge.
Amount of administrative penalty
36.3( 1) An administrative penalty payable by an employer, contracting employer, contractor, subcontractor or supplier under section 36.1 may be in an amount
aup to $500 for a first contravention,
bup to $1,000 for a second contravention, and
cup to $2,000 for a third or subsequent contravention.
36.3( 2) An administrative penalty payable by a supervisor or an owner under section 36.1 may be in an amount
aup to $250 for a first contravention,
bup to $500 for a second contravention, and
cup to $1,000 for a third or subsequent contravention.
36.3( 3) An administrative penalty payable by an employee under section 36.1 may be in an amount
aup to $100 for a first contravention,
bup to $200 for a second contravention, and
cup to $500 for a third or subsequent contravention.
36.3( 4) A contravention of a provision of the Act or the regulations by a person shall be deemed to be a first contravention if a period of three years has elapsed since the person was issued a notice of administrative penalty for any contravention of this Act or the regulations.
36.3( 5) When a contravention of the Act or the regulations continues for more than one day, the amount of the administrative penalty payable shall be the product of
athe penalty imposed under subsection (1), (2) or (3), and
bthe number of days that the contravention continues.
Notice of administrative penalty
36.4( 1) An officer shall impose an administrative penalty by issuing a notice of administrative penalty that includes the following documents and information:
athe name of the person required to pay the administrative penalty;
bthe provision of this Act or the regulations that the person contravened, a copy of the inspection report or order and the date on which the contravention occurred;
ca description of the contravention;
dthe amount of the administrative penalty and the consequences for failing to respond to the notice;
ewhen and how to pay the administrative penalty;
finformation with respect to the person’s right to appeal under section 37; and
gany other information prescribed by regulation.
36.4( 2) A notice of administrative penalty shall not be issued more than one year after the officer first had knowledge of the contravention.
36.4( 3) Within 14 days of issuing a notice of administrative penalty, an officer shall serve the notice on the person to whom it is directed
ain the manner in which personal service may be made under the Rules of Court, or
bby registered mail to the person’s latest known address.
Payment of administrative penalty
36.5( 1) Subject to subsection (2), a person shall pay an administrative penalty set out in a notice within 30 days after being served with the notice.
36.5( 2) If a person who receives a notice of administrative penalty appeals under subsection 37(1.01) and the Chief Compliance Officer confirms or varies the amount of the administrative penalty, the person shall pay it within 30 days after the Chief Compliance Officer makes the decision.
36.5( 3) An administrative penalty is payable to the Commission and shall form part of the Accident Fund.
Debt due to the Commission
36.6( 1) An administrative penalty is an amount owing under this Act and becomes a debt due to the Commission.
36.6( 2) The Commission may issue a certificate stating the amount of a debt due and the name of the debtor.
36.6( 3) A certificate issued under subsection (2) may be filed in The Court of Queen’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Commission against the person named in the certificate for a debt of the amount specified in the certificate.
36.6( 4) All reasonable costs and charges resulting from the filing, entering and recording of a certificate referred to in subsection (2) may be recovered as if the amount had been included in the certificate.
2 Section 37 of the Act is amended
aby adding after subsection (1) the following:
37( 1.01) An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in a notice of administrative penalty issued under this Act may, within 14 days after the date the notice was served, appeal the administrative penalty by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the administrative penalty.
bby repealing subsection (2) and substituting the following:
37( 2) An appeal against an order or an administrative penalty in accordance with subsection (1) or (1.01) does not suspend the operation of the order or administrative penalty, as the case may be, but the Chief Compliance Officer may order its suspension until the appeal is disposed of.
Consequential amendment
3 Section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “and (2), there shall be a final right of appeal” and substituting “, (2) and (2.01), there shall be a final right of appeal”;
( ii) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, and”;
( iii) by adding after paragraph (c) the following:
dan administrative penalty imposed by an officer appointed under section 5 of the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1.01) of that Act by the person subject to the administrative penalty.
bby adding after subsection (2) the following:
21( 2.01) An appeal under paragraph (1)(d) shall be made within seven days after the confirmation, variance, revocation or suspension of an administrative penalty by the Chief Compliance Officer under subsection 37(1.01) of the Occupational Health and Safety Act, or within seven days after the Chief Compliance Officer’s order suspending the operation of the administrative penalty under subsection 37(2) of the Occupational Health and Safety Act.
cby repealing subsection (2.1) and substituting the following:
21( 2.1) The Chief Compliance Officer and the officer who made the order or imposed the administrative penalty are parties to an appeal under paragraph (1)(c) or (d), as the case may be, for the purpose of presenting facts and providing information relating to the matter under appeal.
4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.