O. Reg. 363/01: ADMINISTRATIVE PENALTIES

Ontario Energy Board Act, 1998
Loi de 1998 sur la Commission de l’énergie de l’Ontario

ONTARIO REGULATION 363/01

Amended to O. Reg. 331/03

ADMINISTRATIVE PENALTIES

Note: This Regulation was revoked on August 1, 2003. See: O. Reg. 331/03, s. 2.

This Regulation is made in English only.

Amount of administrative penalty

1. For the purpose of a notice issued under subsection 125.2 (1) of the Act, the director shall determine the amount of an administrative penalty for a contravention in accordance with the following rules:

1. The director shall determine whether, in his or her opinion, the contravention was a major, moderate or minor deviation from the requirements of the section, licence or rule that was contravened.

2. The director shall determine whether, in his or her opinion, the contravention had a major, moderate or minor potential to adversely affect consumers, persons licensed under the Act or other persons.

3. Using the Schedule, the director shall determine the appropriate range for the administrative penalty, based on the determinations made under paragraphs 1 and 2.

4. The amount of the administrative penalty for the contravention is, for each day or part of a day specified in the notice as a day on which the contravention occurred or continued, an amount selected by the director from within the range determined under paragraph 3 after considering the following criteria:

i. The extent to which adverse effects of the contravention have been mitigated by the person who committed the contravention.

ii. Whether the person who committed the contravention has previously contravened section 48 or 57 of the Act, a licence issued under Part IV or V of the Act or rules of the Board made under Part III of the Act.

iii. Whether the person who committed the contravention derived any economic benefit from the contravention.

iv. Any other criteria that the director considers relevant. O. Reg. 363/01, s. 1.

SCHEDULE
RANGES OF ADMINISTRATIVE PENALTIES

(See paragraph 3 of section 1)

		Deviation from the requirements of the section, licence or rule that was contravened (see paragraph 1 of section 1)
		Major	Moderate	Minor
Potential to adversely affect consumers, persons licensed under the Act or other persons (see paragraph 2 of section 1)	Major	$7,500 - $10,000	$5,000 - $7,500	$2,500 - $5,000
	Moderate	$5,000 - $ 7,500	$2,500 - $5,000	$1,000 - $2,500
	Minor	$2,500 - $ 5,000	$1,000 - $2,500	$ 500 - $1,000

O. Reg. 363/01, Sched.