Protection and Compliance Statutes Amendment Act

Before Amendments After Amendments
Fair Trading Act
  Provide the ability for the Director of the Fair Trading Act to levy administrative monetary penalties to all businesses regulated by the Act whether a licence is required or not.

The proposed penalty limit is $100,000. A notice and appeal process will also be established.
Prosecution of an offence under the Act cannot occur more than three years after the offence. Modify the three-year limitation period for prosecution to commence three years after the consumer knew or ought to have known the offence was committed.
Where a person is convicted of an offence under this Act, the court may impose a maximum fine of $100,000 or three times the amount obtained by the defendant as a result of the offence. Increase the maximum fine amount to $300,000 or three times the amount obtained by the defendant as a result of the offence.
Occupational Health and Safety Act
To enforce compliance with OHS legislation, Officers have authority to educate and issue orders. If those measures do not achieve compliance, the remaining alternative is prosecution in appropriate cases. Provide authority for the department to levy administrative penalties against persons regulated by Alberta’s Occupational Health and Safety legislation (Act, regulations and code).
There is no requirement for persons to identify themselves to OHS Officers. Impose a duty on persons at a work site to identify themselves to OHS Officers on request, and a duty on employers to identify their workers to OHS Officers on request.
An OHS Officer may apply for a restraining order in cases where a person interferes with the Officer in the performance of the Officer’s duties. Provide that a person shall not interfere with an Officer exercising his/her powers under the Act.
Section 3(1)
One of the categories of persons subject to OHS legislation is the prime contractor. The current wording suggests that a prime contractor is required only if two or more employers are involved at the work site at the same time. This language allows persons to escape their prime contractor obligations if they schedule work so only one employer is present on the site at a time.

Clarify that a prime contractor is required for a work site whenever there are two or more employers whose work activities are interrelated and/or have a health or safety impact on each other.

Sections 7, 16 and 17
The Act establishes the Occupational Health and Safety Council and provides that the Council shall hear all appeals for orders and suspension or cancellation of licenses.

The Act also sets out the procedures for appeals and the powers of the Council in hearing and deciding appeals.

Provide that the Occupational Health and Safety Council shall hear appeals of administrative penalties, and provide the appropriate tools and procedures needed to deal with this new category of appeals.
Section 40(1)
The Lieutenant Governor in Council may make regulations under the OHS Act for matters listed in this section.

Provide regulation making authority to support the administrative penalty system.
Section 41.1
Where a person is convicted of an offence under the Act, the Court may make an order directing the person to take steps that improve health and safety at worksites. These are known as creative sentences and often direct that the fines imposed by the Court for a violation of an OHS offence be paid to third parties to support endeavors that improve OHS safety in Alberta.

Provide that the Government has the ability to collect amounts from creative sentences owing to third parties.
Section 44
The Act sets out how orders issued under the Act shall be served.

Amend this section to address how administrative penalties shall be served, and provide that service on a person in apparent authority at a work site is acceptable service on an employer.
Sections 3(3), 3(4), 36, 40(1)(a)(ii), 41(1), 42(a), 44(1)
The noted sections reference “the Act and the regulations”; inclusion of the OHS Code is simply implied.

Specifically reference the OHS Code in these sections.
Safety Code Act
None. Relied on six months available under Provincial Offences Procedures Act. A three-year limitation period for prosecution of offences under the Act would be introduced.
The maximum fines are up to $15,000 for a first offence and up to $30,000 for a second or subsequent offence. The maximum fines would be up to $100,000 for a first offence and up to $500,000 for a second or subsequent offence.

Media inquiries may be directed to:

Brookes Merritt
Human Services
Phone 780-643-9297
Twitter: @ABHumanServices
Heather Kaszuba
Municipal Affairs
Phone 780-422-8862
Twitter: @ABMuniAffairs
Mike Berezowsky
Service Alberta
Phone: 780-644-4533
Twitter: @ServiceAlberta

To call toll-free within Alberta dial 310-0000.

Modified: 2012-10-23
PID: 15232