Can multiple penalties be issued or be issued with other compliance or enforcement actions?
ESA’s Administrative Penalty framework comes into force on April 1, 2023.
Yes. Depending on the facts surrounding a case of non-compliance, when issuing an Administrative Penalty, a Director may:
- Combine an Administrative Penalty with a licensing-related restriction, limitation or condition.
- Combine an Administrative Penalty with a Notice of Non-Compliance/Violation, account block, Order to Disconnect, etc.
- Issue multiple penalties in respect of a single act of non-compliance where that act represents multiple separate contraventions (such as working without a licence and without notifying ESA).
Directors may not:
- Initiate a prosecution in respect of the same contravention for which an administrative penalty has been issued (and paid).