Complying with the Metal Dealers and Recyclers Act

Inspectors

To ensure that metal dealers and recyclers are complying with the Metal Dealers and Recyclers Act, the regulation, and the terms and conditions of their registration, Security Programs Division inspectors may:

• Enter and inspect a metal dealer’s or recycler’s business premises
• Inspect, audit or examine any record, goods or other thing on the dealer’s or recycler’s premises
• Request the production of a document or any other thing for inspection
• Remove a record or any other thing for review and copying (while providing a receipt)
• Remove and retain a record or any other thing that may be required as evidence
• Question a person

Inspectors have the authority to issue a violation ticket if they believe a person or business has violated the Metal Dealers and Recyclers Act, the Metal Dealers and Recyclers Regulation, or the terms and conditions of their registration.

For a summary of possible fines, see Metal Dealers and Recyclers Act and Metal Dealers and Recyclers Regulation under Schedule 2 of the Offence Act Violation Ticket Administration and Fines Regulation.

Administrative Penalties

An inspector may refer a violation to the Registrar of Metal Dealers and Recyclers. The Registrar can hold a hearing with the metal dealer or recycler. The hearing may be in writing or in person. After considering the information provided by the dealer or recycler, the registrar may decide to impose an administrative penalty.

The maximum administrative penalty for an individual is $5,000 and for a business is $50,000. When determining the amount of the administrative penalty, the registrar must consider:

• If enforcement action has been issued to the person or business for similar contraventions
• The gravity and magnitude of the contravention
• Whether the person or business repeated or continued the contravention
• Whether the contravention was deliberate
• If the person or business derived economic benefit from the contravention
• The person’s or business’s efforts (if any) to correct the contravention

Offences

The Metal Dealers and Recyclers Act and regulation identify which contraventions are offences. In these situations, the inspector will refer the matter to Crown counsel to decide if it should be heard by the court. If a trial is held and the court decides an individual has committed an offence, the person may be fined not more than $10,000 or imprisonment for not longer than 6 months or both. If the court decides a business has committed an offence, it may be fined not more than $100,000.

Police

Police also have the authority to issue violation tickets for violations of the Metal Dealers and Recyclers Act and to refer violations to Crown counsel for prosecution.