ontario regulation 331/03

made under the

ontario energy board act, 1998

Made: July 24, 2003
Filed: August 1, 2003
Printed in The Ontario Gazette: August 16, 2003

administrative penalties

Amount of administrative penalty

1. For the purposes of section 112.5 of the Act, the Board shall determine the amount of an administrative penalty for a contravention of an enforceable provision in accordance with the following rules:

1. The Board shall determine whether, in its opinion, the contravention was a major, moderate or minor deviation from the requirements of the enforceable provision.

2. The Board shall determine whether, in its 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 Board 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 on which the contravention occurred or continued, an amount selected by the Board 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 any enforceable provision.

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

iv. Any other criteria that the Board considers relevant.

Revocation

2. Ontario Regulation 363/01 is revoked.

Commencement

3. This Regulation comes into force on the later of August 1, 2003 and the day this Regulation is filed.

Schedule
Ranges of Administrative Penalties

(See paragraph 3 of section 1)

 

		Deviation from the requirements of the enforceable provision 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	$15,000 - $20,000	$10,000 - $15,000	$5,000 - $10,000
	Moderate	$10,000 - $15,000	$5,000 - $10,000	$2,000 - $5,000
	Minor	$5,000 - $10,000	$2,000 - $5,000	$1,000 - $2,000