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Resource Recovery and Circular Economy Act, 2016

ONTARIO REGULATION 558/22

ADMINISTRATIVE PENALTIES

Consolidation Period:  From January 1, 2023 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

PART I
GENERAL

1.

Administrative penalty orders

2.

Prescribed provisions, persons

PART II
PROCEDURE FOR ISSUING ORDER

3.

Notice of intention to issue order

4.

Request to Registrar or Deputy Registrar

5.

Consideration of request, issuing of order

6.

Issuing of order

PART III
DETERMINATION OF ADMINISTRATIVE PENALTY AMOUNT

7.

Administrative penalty amount, general

8.

Base penalty amount, determination

9.

Amount for economic benefit, determination

10.

Determination of final administrative penalty amount

11.

No penalties re “best efforts” provisions

Schedule 1

Maximum base penalty amounts for non-continuing contraventions

Schedule 2

Maximum base penalty amounts for continuing contraventions

 

Part I
General

Administrative penalty orders

1. The Registrar or a Deputy Registrar shall not issue an order under subsection 89 (2) of the Act except in accordance with this Regulation.

Prescribed provisions, persons

2. (1) The provisions set out in Column 1 of the Tables to Schedules 1 and 2 are prescribed under clause 89 (2) (f) of the Act.

(2) For the purposes of clause 89 (3) (e) of the Act, a person who contravenes a provision set out in Column 1 of a Table to Schedule 1 or 2 is a prescribed person.

Part II
Procedure for issuing Order

Notice of intention to issue order

3. (1) If the Registrar or a Deputy Registrar intends to issue an order to pay an administrative penalty under subsection 89 (2) of the Act to a person, the Registrar or Deputy Registrar shall serve upon the person a written notice containing the following information:

1.  A statement of the Registrar or Deputy Registrar’s intention to issue an order and the name of the person to whom the Registrar or Deputy Registrar intends to issue the order.

2.  The provision that, in the Registrar or Deputy Registrar’s opinion, the person has contravened.

3.  A description of the contravention.

4.  A description of the day, days or parts of days on which the contravention occurred.

5.  The proposed administrative penalty amount, including,

i.  the proposed base penalty amount determined by the Registrar or Deputy Registrar in accordance with section 8 and a description of the manner in which it was determined, and

ii.  the proposed amount for economic benefit determined by the Registrar or Deputy Registrar in accordance with section 9, and a description of the calculations, variables and assumptions that led to the determination of that amount.

6.  In the case of a contravention set out in Schedule 2 that, as of the date of the notice, has not been remedied, a statement that because of the continuing nature of the contravention,

i.  the final base penalty amount may exceed the proposed base penalty amount, unless the proposed base penalty amount set out in the notice is the applicable maximum base penalty amount set out in the applicable Table to Schedule 2, and

ii.  the final amount for economic benefit may exceed the proposed amount for economic benefit.

7.  Information about the person’s right to make a request under section 4, including the date by which the request must be made.

(2) A notice may apply in respect of one or more contraventions.

(3) The Registrar or Deputy Registrar may amend a notice after it has been served and shall serve the amended written notice upon the person.

Request to Registrar or Deputy Registrar

4. (1) A person who is served with a notice of the Registrar or Deputy Registrar’s intention to issue an order in respect of a contravention, or an amendment to a notice, may request, in writing, that the Registrar or Deputy Registrar consider any of the following information:

1.  Any additional information related to the contravention.

2.  Any information relevant to the Registrar or Deputy Registrar’s determination of the proposed base penalty amount or the proposed amount for economic benefit.

3.  Information about any actions the person has taken to remedy the contravention since it occurred.

(2) A request shall be made no later than 21 days after the date on which the notice was served.

(3) If an amended notice is served in respect of a contravention, a request in respect of that contravention shall be made no later than 21 days after the date on which the amended notice was served.

(4) If a notice applies to more than one contravention, a request may be made in respect of any of the contraventions.

(5) A request shall include all information and supporting documentation that the person wants the Registrar or Deputy Registrar to consider with respect to the request.

Consideration of request, issuing of order

5. (1) After receiving a request from a person under section 4 or after the time period to make a request in respect of a contravention has expired, whichever is earlier, the Registrar or Deputy Registrar shall,

(a)  consider any information contained in a request received; and

(b)  decide whether or not to issue an order to the person in respect of the contravention.

(2) If the Registrar or Deputy Registrar decides not to issue an order to the person in respect of a contravention mentioned in a notice, the Registrar or Deputy Registrar shall, in writing, notify the person of the decision.

(3) Subsection (2) does not limit a Registrar or Deputy Registrar’s ability to issue a subsequent notice to the person in respect of the same contravention.

(4) If the Registrar or Deputy Registrar decides to issue an order to the person, the Registrar or Deputy Registrar shall determine the final administrative penalty amount in respect of the contravention in accordance with Part III and issue the order in accordance with section 6.

Issuing of order

6. (1) Without limiting the contents required under subsection 89 (7) of the Act, an order shall,

(a)  specify the provision that the person has contravened and describe the contravention, including the day, days or parts of days on which the contravention occurred;

(b)  set out the final administrative penalty amount in respect of the contravention, and as part of specifying the final amount, specify the final base penalty amount and the final amount for economic benefit, including,

(i)  a description of the manner in which the final base penalty amount was determined,

(ii)  a description of the calculations, variables and assumptions that led to the determination of the final amount for economic benefit, and

(iii)  a description of the consideration given by the Registrar or Deputy Registrar to any request made under section 4;

(c)  give particulars respecting the time for paying the penalty and the manner of payment; and

(d)  provide details of the right of the person to whom the order was issued to require a hearing under section 91 of the Act.

(2) A single order may require a person to pay an administrative penalty in respect of one or more contraventions.

Part III
Determination of Administrative Penalty Amount

Administrative penalty amount, general

7. (1) Subject to subsections (2), (3) and (4), the administrative penalty amount under subsection 89 (2) of the Act in respect of a contravention shall consist of the following, determined in accordance with this Regulation:

1.  A base penalty amount.

2.  An amount for economic benefit.

(2) The administrative penalty amount in respect of a person’s contravention of a provision set out in Schedule 1 shall not exceed $1 million.

(3) The administrative penalty amount in respect of a contravention of a provision set out in Schedule 2 shall not exceed $1 million minus the total amount of any administrative penalties in respect of the contravention of the same provision by the same person in the previous 365 days.

(4) If, after determining the administrative penalty amount in respect of a contravention in accordance with subsections (1), (2) and (3), the Registrar or Deputy Registrar determines that, due to its magnitude, the imposition of the administrative penalty is punitive in nature having regard to all the circumstances, including any other administrative penalty amounts in respect of contraventions under the same order, the Registrar or Deputy Registrar shall reduce the amount such that the imposition of the administrative penalty is consistent with the purposes set out in subsection 89 (1) of the Act.

Base penalty amount, determination

8. (1) For the purposes of setting out the proposed base penalty amount in a notice under subsection 3 (1) and the final base penalty amount set out in an order under subsection 6 (1), the Registrar or Deputy Registrar shall determine the base penalty amount in accordance with the following rules:

1.  The Registrar or Deputy Registrar shall consider the following factors:

i.  The contravention’s impact, if any, on the Authority’s ability to carry out its objects.

ii.  The contravention’s impact, if any, on resource recovery and waste reduction of a class of materials designated for the purposes of section 60 of the Act.

iii.  With respect to the person who carried out the contravention,

A.  the person’s history, if any, of complying or not complying with the Waste Diversion Transition Act, 2016 or its regulations or with the Resource Recovery and Circular Economy Act, 2016 or its regulations, and

B.  any information available to the Registrar regarding whether the person has remedied the contravention or is in the process of remedying the contravention, and how quickly the contravention was or is being remedied.

2.  For a contravention of a provision set out in Schedule 1, the base penalty amount shall not exceed the applicable maximum base penalty amount, as set out in the applicable Table to Schedule 1.

3.  For a contravention of a provision set out in Schedule 2, the following rules apply:

i.  The daily base penalty amount shall not exceed the applicable maximum daily base amount, as set out in the applicable Table to Schedule 2 and shall be multiplied by the number of full or partial days during which the contravention continued before it was remedied.

ii.  The base penalty amount in respect of a contravention shall not exceed the applicable maximum total base penalty amount, as set out in the applicable Table to Schedule 2, minus the total of any base penalty amounts included in administrative penalties that were imposed in respect of a contravention of the same provision by the same person in the previous 365 days.

(2) For the purposes of paragraph 3 of subsection (1), a contravention of a provision set out in Schedule 2 that requires a person to do something within a particular time period shall be considered to have been remedied when the person has done it, even if the person has done it after it was required to be done.

Amount for economic benefit, determination

9. The Registrar or Deputy Registrar shall consider the following factors when determining, with respect to a contravention of a provision set out in Schedule 1 or 2, the proposed amount for economic benefit to be set out in a notice under subsection 3 (1) and the final amount for economic benefit to be set out in an order under subsection 6 (1):

1.  Costs that the person avoided incurring by failing to comply with the provision.

2.  Costs that the person delayed incurring by delaying compliance with the provision.

3.  Gains that the person has accrued by failing to comply with the provision.

Determination of final administrative penalty amount

10. (1) The Registrar or Deputy Registrar shall, when determining the final administrative penalty amount to be set out in an order, reapply sections 8 and 9 and redetermine the base penalty amount and amount for economic benefit if the Registrar or Deputy Registrar considers it to be appropriate based on any additional information now available to the Registrar or Deputy Registrar that was not available at the time of giving the notice under subsection 3 (1), which may include information regarding the continuation of the contravention following the giving of the notice.

(2) In making the determinations under subsection (1), the Registrar or Deputy Registrar shall consider any information contained in a request received under section 4.

No penalties re “best efforts” provisions

11. Despite anything else in this Regulation, the Registrar or Deputy Registrar shall not issue an order in respect of a person’s contravention of a requirement to make best efforts to do something.

Part IV (OMITTED)

12.  Omitted (provides for coming into force of provisions of this Regulation).

Schedule 1
Maximum Base Penalty Amounts for non-continuing contraventions

Table 1
non-continuing Contraventions of the ACT

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount For Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 50 (4)

Failure to file complete and accurate information, reports, records or documents required by the Registrar

$50,000

$10,000

2.

Subsection 99 (1)

Hindering or obstructing an officer, employee or agent of the Authority in the performance of his or her duties

$120,000

$24,000

3.

Subsection 99 (2)

Giving or submitting false or misleading information

$120,000

$24,000

4.

Subsection 99 (3)

Including false or misleading information in any document or data required to be created, stored or submitted

$120,000

$24,000

Table 2
non-continuing Contraventions of Ontario Regulation 225/18 (Tires)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 3.1 (1), in respect of requirements under clause 11 (2) (a)

Failure to satisfy the requirements set out in clause 11 (2) (a)

$200,000

$40,000

2.

Subsection 4 (1)

Failure to collect minimum amount of tires in accordance with section 4

$200,000

$40,000

3.

Subsection 11 (1), in respect of requirements under subsections 11 (2) to (5)

Failure to establish and operate a system for managing collected tires in accordance with the requirements set out in subsections 11 (1) to (5)

$200,000

$40,000

4.

Subsection 11 (1), in respect of requirement under subsection 11 (6)

Failure to ensure that specified activities under subsection 11 (3) are undertaken with respect to tires as required under subsection 11 (6)

$2,500

$500

5.

Section 25

Failure to keep records

$120,000

$24,000

Table 3
non-continuing Contraventions of Ontario Regulation 30/20 (batteries)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 12 (1)

Failure to establish and operate a system for managing batteries

$200,000

$40,000

2.

Subsection 12 (2)

Failure to satisfy the requirements set out in section 14

$200,000

$40,000

3.

Section 29

Failure to keep records

$75,000

$15,000

4.

Section 30

Failure to keep records

$75,000

$15,000

Table 4
non-continuing Contraventions of Ontario Regulation 522/20 (ELECTRICAL AND ELECTRONIC EQUIPMENT)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 13 (1)

Failure to establish and operate a system for managing EEE

$200,000

$40,000

2.

Subsection 13 (2)

Failure to satisfy requirements set out in  section 15

$200,000

$40,000

3.

Section 30

Failure to keep records

$75,000

$15,000

4.

Section 31

Failure to keep records

$75,000

$15,000

Table 5
non-continuing Contraventions of Ontario Regulation 391/21 (BLUE BOX)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Section 38

Failure to establish and operate a system for managing blue box material

$200,000

$40,000

2.

Section 65

Failure to keep records

$75,000

$15,000

3.

Section 66

Failure to keep records

$75,000

$15,000

Table 6
non-continuing Contraventions of Ontario Regulation 449/21 (HAZARDOUS AND SPECIAL PRODUCTS)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Base Penalty Amount for Corporations

Column 4
Maximum Base Penalty Amount for Individuals

1.

Subsection 28 (1)

Failure to establish and operate a system for managing a type of HSP

$200,000

$40,000

2.

Subsection 28 (2)

Failure to satisfy requirements set out in section 30

$200,000

$40,000

3.

Section 54

Failure to keep records

$75,000

$15,000

4.

Section 55

Failure to keep records

$75,000

$15,000

5.

Section 56

Failure to keep records

$75,000

$15,000

Schedule 2
Maximum Base penalty amounts for continuing contraventions

Table 1
CONTINUING Contraventions of the ACT

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount For Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Subsection 41 (5)

Failure to pay a fee, cost or charge to the Authority

$2,500

$500

$75,000

$15,000

2.

Subsection 68 (3)

Failure to ensure that no charge is imposed at the time of collection

$2,500

$500

$75,000

$15,000

3.

Subsection 75 (1)

Marketing of prescribed material in a designated class to a person in Ontario

$6,700

$1,340

$200,000

$40,000

4.

Subsection 78 (6)

Failure to provide a copy of a record

$4,000

$800

$120,000

$24,000

5.

Subsection 79 (1)

Failure to respond to a reasonable inquiry of an inspector

$4,000

$800

$120,000

$24,000

6.

Section 88

Failure to comply with an order

$2,500

$500

$75,000

$15,000

7.

Subsection 99 (4)

Refusal to provide information

$4,000

$800

$120,000

$24,000

Table 2
CONTINUING Contraventions of Ontario Regulation 225/18 (Tires)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount For Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Subsection 3.1 (1), in respect of requirements in sections 6 to 10

Failure to satisfy requirements set out in sections 6 to 10

$6,700

$1,340

$200,000

$40,000

2.

Subsection 5 (1)

Failure to establish and operate collection system for tires

$6,700

$1,340

$200,000

$40,000

3.

Section 14

Failure to implement promotion and education program

$6,700

$1,340

$200,000

$40,000

4.

Subsection 15 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

5.

Subsection 15 (5)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

6.

Subsection 16 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

7.

Subsection 16 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

8.

Subsection 17 (2)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

9.

Subsection 17 (3)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

10.

Subsection 17 (5)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

11.

Subsection 18 (2)

Failure to submit report

$2,500

$500

$75,000

$15,000

12.

Section 19

Failure to submit report

$2,500

$500

$75,000

$15,000

13.

Section 20

Failure to submit report

$2,500

$500

$75,000

$15,000

14.

Section 21

Failure to submit report

$2,500

$500

$75,000

$15,000

15.

Section 22

Failure to submit report

$2,500

$500

$75,000

$15,000

16.

Section 23

Failure to submit report

$2,500

$500

$75,000

$15,000

17.

Section 26

Failure to cause audit to be undertaken and submit report

$6,700

$1,340

$200,000

$40,000

Table 3
CONTINUING Contraventions of Ontario Regulation 30/20 (batteries)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount For Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Subsection 8 (1)

Failure to establish and operate collection system for any applicable category of batteries

$6,700

$1,340

$200,000

$40,000

2.

Subsection 8 (2)

Failure to satisfy requirements set out in Part III

$6,700

$1,340

$200,000

$40,000

3.

Section 18

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

4.

Section 18.1

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

5.

Subsection 19 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

6.

Subsection 19 (3)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

7.

Subsection 20 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

8.

Subsection 20 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

9.

Subsection 21 (1)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

10.

Subsection 21 (2)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

11.

Subsection 21 (4)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

12.

Section 24

Failure to submit report to the Authority

$2,500

$500

$75,000

$15,000

13.

Section 25

Failure to submit report to the Authority

$2,500

$500

$75,000

$15,000

14.

Section 26

Failure to submit report to the Authority

$2,500

$500

$75,000

$15,000

15.

Section 27

Failure to submit report to the Authority

$2,500

$500

$75,000

$15,000

16.

Section 28

Failure to submit report to the Authority

$2,500

$500

$75,000

$15,000

17.

Section 31

Failure to cause audit and submit report

$6,700

$1,340

$200,000

$40,000

Table 4
CONTINUING Contraventions of Ontario Regulation 522/20 (ELECTRICAL AND ELECTRONIC EQUIPMENT)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount For Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Subsection 9 (1)

Failure to establish and operate collection system for ITT/AV or lighting

$6,700

$1,340

$200,000

$40,000

2.

Subsection 9 (2)

Failure to satisfy requirements set out in Part III

$6,700

$1,340

$200,000

$40,000

3.

Section 19

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

4.

Section 19.1

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

5.

Subsection 20 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

6.

Subsection 20 (3)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

7.

Subsection 20 (6)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

8.

Subsection 21 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

9.

Subsection 21 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

10.

Subsection 22 (1)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

11.

Subsection 22 (2)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

12.

Subsection 22 (4)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

13.

Subsection 23 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

14.

Subsection 24 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

15.

Subsection 24 (2)

Failure to submit report

$2,500

$500

$75,000

$15,000

16.

Subsection 25 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

17.

Subsection 26 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

18.

Subsection 27 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

19.

Subsection 28 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

20.

Subsection 29 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

21.

Section 32

Failure to cause audit and submit report

$6,700

$1,340

$200,000

$40,000

Table 5
CONTINUING Contraventions of Ontario Regulation 391/21 (BLUE BOX)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount for Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Section 19

Failure to establish and operate collection system for blue box materials

$6,700

$1,340

$200,000

$40,000

2.

Section 19.1

Failure to establish and operate collection system for blue box materials

$6,700

$1,340

$200,000

$40,000

3.

Section 31

Failure to ensure an offer or subsequent offer is made to a First Nation

$4,000

$800

$120,000

$24,000

4.

Section 44

Failure to register, report, or submit information in accordance with any requirements in the Blue Box Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

5.

Subsection 45 (2)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

6.

Subsection 45 (5)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

7.

Subsection 46 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

8.

Subsection 46 (4)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

9.

Subsection 49 (1)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

10.

Subsection 49 (3)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

11.

Subsection 50 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

12.

Subsection 50 (2)

Failure to submit report

$2,500

$500

$75,000

$15,000

13.

Subsection 51 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

14.

Subsection 52 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

15.

Subsection 53 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

16.

Subsection 64 (1)

Failure to submit report

$2,500

$500

$75,000

$15,000

17.

Section 67

Failure to cause audit to be undertaken and submit report

$6,700

$1,340

$200,000

$40,000

18.

Section 69

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

Table 6
CONTINUING Contraventions of Ontario Regulation 449/21 (HAZARDOUS AND SPECIAL PRODUCTS)

Item

Column 1
Provision Contravened

Column 2
Description of Contravention

Column 3
Maximum Daily Base Penalty Amount For Corporations

Column 4
Maximum Daily Base Penalty Amount for Individuals

Column 5
Maximum Total Base Penalty Amount for Corporations

Column 6
Maximum Total Base Penalty Amount for Individuals

1.

Section 7

Failure to establish and operate collection system

$6,700

$1,340

$200,000

$40,000

2.

Section 8

Failure to establish and operate collection system

$6,700

$1,340

$200,000

$40,000

3.

Subsection 9 (1)

Failure to establish and operate collection system for a type of HSP

$6,700

$1,340

$200,000

$40,000

4.

Subsection 9 (2)

Failure to satisfy requirements set out in Part IV

$6,700

$1,340

$200,000

$40,000

5.

Subsection 25 (1)

Failure to establish and operate collection system for a type of HSP

$6,700

$1,340

$200,000

$40,000

6.

Subsection 25 (2)

Failure to satisfy requirements set out in Part V

$6,700

$1,340

$200,000

$40,000

7.

Section 33

Failure to implement promotion and education program

$2,500

$500

$75,000

$15,000

8.

Section 38

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

9.

Subsection 39 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

10.

Subsection 41 (1)

Failure to register with the Authority

$4,000

$800

$120,000

$24,000

11.

Subsection 41 (2)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

12.

Subsection 42 (1)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

13.

Subsection 42 (2)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

14.

Subsection 42 (3)

Failure to register with the Authority

$2,500

$500

$75,000

$15,000

15.

Subsection 42 (5)

Failure to submit updated information

$2,500

$500

$75,000

$15,000

16.

Section 43

Failure to ensure information is verified in accordance with any requirements set out in the HSP Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

17.

Section 44

Failure to submit report

$2,500

$500

$75,000

$15,000

18.

Section 45

Failure to submit report

$2,500

$500

$75,000

$15,000

19.

Section 46

Failure to submit report

$2,500

$500

$75,000

$15,000

20.

Section 48

Failure to submit report

$2,500

$500

$75,000

$15,000

21.

Section 49

Failure to submit report

$2,500

$500

$75,000

$15,000

22.

Section 50

Failure to submit report

$2,500

$500

$75,000

$15,000

23.

Section 51

Failure to submit report

$2,500

$500

$75,000

$15,000

24.

Section 52

Failure to submit report

$2,500

$500

$75,000

$15,000

25.

Section 53

Failure to ensure information is verified in accordance with any requirements set out in the HSP Verification and Audit Procedure

$4,000

$800

$120,000

$24,000

26.

Section 57

Failure to cause audit and submit  report

$6,700

$1,340

$200,000

$40,000

 

 

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