Administrative penalties are financial penalties imposed on a person or a business for non-compliance with a regulatory requirement. Administrative penalties may be an appropriate response to non-compliance where a regulated party contravened a regulatory requirement, and:
- an advisory, warning or violation ticket does not adequately reflect the severity of the contravention
- an order or administrative sanction is not appropriate for the circumstances or would cause undue hardship
- the time and cost of prosecution is not in the public interest, or
- it is appropriate to recover the financial benefit the regulated party received as a result of the non-compliance or to recover the costs to government of remediating damage to Crown resources.
Administrative penalties are currently used by the Ministry of Environment and Climate Change Strategy under the Environmental Management Act, Integrated Pest Management Act, and the Greenhouse Gas Industrial Reporting and Control Act. Maximum penalty amounts are prescribed by regulation, ranging from $2,000 to $75,000. The statutory decision makers who issue the penalties consider all mitigating and aggravating circumstances of the non-compliance.