O. Reg. 12/23: ADMINISTRATIVE PENALTIES
filed January 30, 2023 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. ASkip to content
ontario regulation 12/23
made under the
Electricity Act, 1998
Made: January 26, 2023
Filed: January 30, 2023
Published on e-Laws: January 30, 2023
Printed in The Ontario Gazette: February 18, 2023
Prescribed provisions, authorizations and orders
1. (1) For the purposes of clause 113.18.1 (1) (a) of the Act, the following are prescribed provisions of Part VIII of the Act:
1. Subsection 113 (9) of the Act.
2. Subsection 113.0.1 (3) of the Act.
3. Subsection 113.2 (1) of the Act.
(2) For the purposes of clause 113.18.1 (1) (a) of the Act, the following are prescribed provisions of the regulations:
1. Sections 3, 4, 5, 7, subsection 14 (1) and sections 18, 19, 22, 23, 28 and 29 of Ontario Regulation 570/05 (Licensing of Electrical Contractors and Master Electricians) made under the Act.
2. Section 2 of Ontario Regulation 164/99 (Electrical Safety Code) made under the Act, in respect of any act or omission in connection with the generation, transmission, distribution, retail or use of electricity in Ontario that is not done or made in compliance with the following Rules in Section 2 of the Electrical Safety Code:
i. Rule 2-003.
ii. Rule 2-004.
iii. Rule 2-007.
iv. Rule 2-010.
v. Rule 2-012.
vi. Rule 2-018.
vii. Rule 2-022.
viii. Rule 2-024.
ix. Rule 2-032.
x. Rule 2-034.
xi. Rule 2-036.
(3) For the purposes of clause 113.18.1 (1) (b) of the Act, every authorization required under Part VIII of the Act is a prescribed authorization.
(4) For the purposes of clause 113.18.1 (1) (c) of the Act, an order made under subsection 113 (11) of the Act is a prescribed order.
Notice of intention
2. (1) Subject to subsection (4), before making an order under subsection 113.18.1 (1) of the Act imposing an administrative penalty against a person, a Director shall give the person against whom the order is to be made notice of the Director’s intention to make the order that includes the following information:
1. A statement of the Director’s intention to make an order under subsection 113.18.1 (1) of the Act.
2. A description of the contravention and, as applicable,
i. the provision that was contravened, and, if the provision that was contravened was section 2 of Ontario Regulation 164/99 (Electrical Safety Code) made under the Act, the act or omission in connection with the generation, transmission, distribution, retail or use of electricity in Ontario that was not done or made in compliance with the Rules set out in subparagraphs 2 i to xi of subsection 1 (2) of this Regulation,
ii. the restriction, limitation or condition imposed in respect of the authorization that was contravened, or
iii. the order that was contravened.
3. A description of the day, days or parts of days on which the contravention occurred.
4. The penalty amount.
5. The method of payment.
6. To whom payment is to be directed.
7. Information about the person’s right to appeal the order, if it is made.
8. A statement of how the criteria set out in paragraph 3 of section 6 were assessed in determining the amount of the penalty.
(2) A notice of intention given under subsection (1) may apply to one or more contraventions.
(3) The Director may amend a notice of intention after it has been given by giving the person a written amendment.
(4) The Director may make an order imposing an administrative penalty against a person without notice if all of the following apply:
1. The penalty relates to only one contravention.
2. The Director has determined, under paragraph 1 of section 6, that the contravention had a minor adverse effect, or the potential to have such an adverse effect, on electrical safety.
3. The contravention occurred on a single day.
Provision of information
3. (1) A person who receives a notice of intention under subsection 2 (1), or an amendment under subsection 2 (3), may submit any of the following information, in writing, to the Director within 15 days after the date indicated on the notice of intention or the amendment, if any, or within such longer period as the Director agrees to in writing:
1. Information concerning the circumstances that gave rise to the contravention, including information demonstrating that there was no contravention committed as alleged in the notice of intention.
2. Information about any actions the person had taken to prevent the contravention from occurring or has taken since the contravention to remedy it or prevent it from reoccurring.
(2) If the notice of intention or amendment applies to more than one contravention, the information provided under subsection (1) may be in respect of any one or more of the contraventions.
Issuance of order
4. After the end of the time period referred to in subsection 3 (1), the Director may make the order described in the notice of intention, with or without changes, including any changes to the penalty amounts proposed in the notice of intention.
Information included in order
5. If a Director makes an order imposing an administrative penalty, the order must include the information set out in paragraphs 2 to 7 of subsection 2 (1).
Determination of penalty amounts
6. For the purposes of subsection 113.18.1 (4) of the Act, a Director shall determine the amount of an administrative penalty for a contravention prescribed in section 1 of this Regulation in accordance with the following rules:
1. The Director shall determine whether, in the Director’s opinion, the contravention had a major, moderate or minor adverse effect, or the potential to have such an adverse effect, on electrical safety.
2. The range for the administrative penalty is set out in Column 2 of the Table to this section opposite the determination set out in Column 1 as described in paragraph 1.
3. The amount of the administrative penalty for the contravention is an amount selected by the Director from within the range described in paragraph 2 after considering the following criteria:
i. Whether the person who committed the contravention has previously been subject to enforcement actions under Part VIII of the Act or its regulations for contraventions of a similar nature.
ii. The extent of the harm, or of the degree of risk of harm, to others as a result of the contravention.
iii. Whether the contravention was deliberate.
iv. Whether the contravention was repeated or continuous.
v. The length of time during which the contravention continued.
vi. Whether the person who committed the contravention derived any economic benefit from the contravention.
Range of Administrative PEnalties
From $5,001 to $10,000
From $1,001 to $5,000
From $100 to $1,000
7. (1) For the purposes of subsection 113.18.1 (6) of the Act, service shall be made by,
(a) registered mail;
(c) personal service; or
(2) An order is deemed to be served,
(a) on the third day after it is sent, if it is sent by registered mail or courier;
(b) on the day it is given, if it is given by personal service; or
(c) on the day it is sent by email, if it is sent by email.
8. A person ordered to pay an administrative penalty is required to pay the penalty within 30 days after being served with the order or whatever other longer period that is specified in the order.
Use of funds
9. The Authority shall use the funds that it collects as administrative penalties for the following purposes only:
1. Education initiatives concerning compliance with Part VIII of the Act.
2. Consumer awareness.
3. Electrical safety initiatives for the public.
10. This Regulation comes into force on the later of the day section 6 of Schedule 9 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.
Pris par :
Le ministre des Services au public et aux entreprises,
Minister of Public and Business Service Delivery
Date made: January 26, 2023
Pris le : 26 janvier 2023