Administrative Monetary Penalties

In March 2016, the Legislative Assembly of British Columbia passed Bill 8: Mines Amendment Act, 2016 to enable the development of an administrative monetary penalty (AMP) program under the Mines Act. AMPs will provide the Province with an additional compliance and enforcement tool that is efficient, cost-effective and flexible, and can be imposed without court involvement. While AMPs are new to the Ministry of Energy and Mines, they are widely used by other ministries in the natural resource sector, including the Ministry of Environment and the Ministry of Forests, Lands and Natural Resource Operations.

The amendments to the Mines Act put in place key components required for the AMP program, but regulations are required to make the AMP program operational.  The Administrative Penalties (Mines) Regulation is now in effect and will be accessible through the BC Laws Database.

The regulation sets outs out the specific requirements that, if contravened, may attract an AMP. The administrative regulations also provide the maximum AMP amounts for each contravention.

Prior to the enactment of the Administrative Penalties (Mines) Regulation, government sought input on key aspects of the AMP regulation after publishing the following discussion paper for public review and comment:

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