What types of contraventions are subject to an Administrative Penalty?
ESA’s Administrative Penalty framework comes into force on April 1, 2023.
Under S.113.18.1 of the Act, Directors may issue an Administrative Penalty for following three types of contraventions.
- Contravention of an Order — When a Director is satisfied that a person has contravened or is in contravention of an ESA Order, they may issue an administrative penalty. Example: If an ESA Order is issued to a company to disconnect its non-compliant solar equipment, an Administrative Penalty could be issued if that company reconnected that equipment without authorization.
- Contravention of a Restriction, Limitation or Condition Imposed by the Director — When a Director is satisfied that a person has contravened or is in contravention of a restriction, limitation or condition imposed on a Master Electrician and/or Electrical Contractor’s licence, the Director may issue an Administrative Penalty. Example: If a licensee has terms and conditions imposed on their Master Electrician licence and then engage in conduct that violates one of those conditions, a Director may issue a penalty.
- Contravention of One or More Specific Sections of the Act or Regulations — When a Director is satisfied that a person has contravened or is in contravention of one (or more) of the prescribed sections of the Act and its regulations, they may issue an administrative penalty. Most of the prescribed provisions are for licensing and OESC non-compliances. The prescribed provisions that may be subject to a Penalty are listed in the Administrative Penalty regulation (O.Reg. 12/23). Example: If a general contracting business (that is not an LEC) does electrical work at a site and does not notify ESA, a Director may issue an administrative penalty for failure to notify ESA of the work and a penalty for working without a licence.