How are Administrative Penalties Assessed?
ESA’s Administrative Penalty framework comes into force on April 1, 2023.
After a Director has confirmed that an Administrative Penalty is the appropriate action to take they will conduct a two step assessment as per O. Reg. 12/23.
First, a Director will determine what adverse effect, or potential for such an effect, a contravention had on electrical safety. The Director will then use a penalty assessment matrix that will guide them through a consideration of the facts surrounding a case, specifically the aggravating or mitigating factors that may increase or reduce the penalty, including:
- If a person or entity was subject to previous enforcement actions under Part VII of the Act or its regulations (i.e. Warning Letter, Notices of Violation, Terms and Conditions, Licence Suspension/ Revocation, Prosecution, etc.);
- The extent of harm, or the degree of risk of harm, to others or property as a result of the contravention;
- Whether the contravention was deliberate;
- Whether the contravention was repeated or continuous;
- The length of time during which the contravention continued, and;
- Whether the person or entity who committed the contravention derived any economic benefit from the contravention.
How the factors were applied by the decision maker in the penalty calculation will be explained to the party in the Notice of Intention.