Can multiple penalties be issued or be issued with other compliance or enforcement actions?

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).