G:PLLDLDDBPMBills3rd Session 28th Legislature 2018...

MISCELLANEOUS STATUTES (GOVERNMENT RELATIONS—ENFORCEMENT MEASURES)AMENDMENT ACT, 2018

1

B I L LNo. 138

An Act to amend certain Acts respectingEnforcement Measures

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly ofSaskatchewan, enacts as follows:

Short title1 This Act may be cited as The Miscellaneous Statutes (GovernmentRelations – Enforcement Measures) Amendment Act, 2018.

SS 1986, c A-18.2 amended2(1) The Amusement Ride Safety Act is amended in the manner set forth inthis section.

(2) Section 2 is amended:

(a) by repealing clause (c); and

(b) by adding the following clause after clause (g):

“(g.1) ‘ministry’ means the ministry over which the minister presides”.

(3) Subsection 15(2) is amended by striking out “department” andsubstituting “ministry”.

(4) Subsection 16(1) is amended in the portion preceding clause (a) bystriking out “department” and substituting “ministry”.

(5) The following section is added after section 24:

“Discipline order24.1(1) In this section, ‘regulated work’ means any work, process or activityrespecting amusement rides and structures and the equipment used in connectionwith them.

(2) The chief inspector may issue a discipline order pursuant to this sectionagainst any person who:

(a) is in contravention of this Act or the regulations;

(b) fails to comply with a compliance order pursuant to section 24;

(c) fails to comply with a term or condition of a licence; or

(d) is performing work regulated by this Act for which the person is notlicensed, or undertakes regulated work that the person is not qualifiedto undertake.


2

(3) A discipline order mentioned in subsection (2) must:

(a) be in writing and in the form approved by the minister;

(b) contain a description of the action to be undertaken by the person;

(c) cite the contravened provision of this Act or of the regulations;

(d) subject to subsection (5), require the person to undertake the actionwithin a period specified in the order that is not less than 30 days from thetime the person receives the order; and

(e) be served on the person to whom the order is directed as soon as ispracticable after it is issued.

(4) The penalty may consist of any sanction the chief inspector considersnecessary, including the following:

(a) that specified training or education be completed within aspecified period;

(b) that practices involving the regulated work be stopped or modified;

(c) that advertising, display or disposal of regulated work be stoppedor modified;

(d) that advertising or display of regulated work be reported to the chiefinspector for a specified period;

(e) that any person performing regulated work act only under supervisionor as directed in the order;

(f) that any other action by a person be taken, modified or stopped ifnecessary to prevent, avoid or reduce risk of personal injury or damageto property;

(g) that reports on any of the actions listed in the discipline order be madeto the chief inspector.

(5) For the purposes of clause (3)(d), if the action requires ongoing reporting tothe chief inspector, the discipline order must set a period of not more than oneyear in which the reporting of the action must be completed”.

(6) The following sections are added after section 32:

“Administrative penalties32.1(1) The chief inspector may assess a penalty against a person forcontraventions of this Act or the regulations or for failure to comply with an orderpursuant to this Act.

(2) The penalty may consist of:

(a) a single monetary amount not exceeding $5,000;

(b) a daily amount not exceeding $1,000 for each day the infractioncontinues; or

(c) a combination of clauses (a) and (b).


3

(3) Before assessing a penalty, the chief inspector shall provide notice tothe person:

(a) setting out the facts and circumstances that, in the chief inspector’sopinion, render the person liable to a penalty;

(b) specifying the amount of the penalty that the chief inspector considersappropriate in the circumstances; and

(c) informing the person of the person’s right to make representations tothe chief inspector.

(4) No penalty is to be assessed by the chief inspector more than three yearsafter the act or omission that renders the person liable to a penalty first came tothe knowledge of the chief inspector.

(5) A person to whom notice is sent pursuant to subsection (3) may makerepresentations to the chief inspector respecting whether a penalty should beassessed and the amount of any penalty.

(6) Representations pursuant to subsection (5) must be made within 30 daysafter the person received the notice.

(7) After considering any representations, the chief inspector may:

(a) assess a penalty in the amount set out in the notice and set a date bywhich the penalty is to be paid in full;

(b) assess a revised penalty and set a date by which the penalty is to be paidin full; or

(c) determine that no penalty should be assessed.

(8) The chief inspector shall serve a copy of the decision pursuant tosubsection (7), with reasons, on the person who made the representations.

(9) The chief inspector may assess a penalty pursuant to this sectionnotwithstanding that the facts and circumstances giving rise to the penalty arosedue to the actions of an employee, helper, contractor or agent of the personrequired to pay the penalty.

(10) If a corporation commits a contravention mentioned in subsection (1), thechief inspector may, in accordance with this section, assess a penalty against anofficer, director or other person of the corporation who authorized, permitted oracquiesced in the contravention, even though the corporation is liable for or paysan administrative penalty.

“Enforcement of administrative penalty32.2(1) The chief inspector may file in the Court of Queen’s Bench a certificatesigned by the chief inspector and setting out:

(a) the amount of the penalty assessed pursuant to subsection 32.1(7); and

(b) the person from whom the penalty is to be recovered.

(2) A certificate filed pursuant to this section has the same force and effect as ifit were a judgment obtained in the Court of Queen’s Bench for the recovery of adebt in the amount set out in the certificate, together with reasonable costs andcharges with respect to its filing.


4

“Appeal to Court of Queen’s Bench re administrative penalty32.3(1) Any person aggrieved by a decision of the chief inspector to assess apenalty against that person pursuant to section 32.1 may appeal that decision ona question of law to a judge of the Court of Queen’s Bench within 30 days after thedate of service of the chief inspector’s decision.

(2) The record of an appeal pursuant to subsection (1) consists of:

(a) the chief inspector’s decision;

(b) any written representations made to the chief inspector by the personnamed in the decision;

(c) the notice of motion commencing the appeal;

(d) any other documents or material prescribed in the regulations; and

(e) any other material that the Court of Queen’s Bench may require.

(3) On hearing an appeal pursuant to this section, the judge of the Court ofQueen’s Bench may issue an order:

(a) confirming the penalty;

(b) amending the amount of the penalty; or

(c) quashing the chief inspector’s decision to assess a penalty.

“Court-ordered compliance32.4(1) The chief inspector may apply to a judge of the Court of Queen’s Benchfor all or any of the following:

(a) an order compelling a person to comply with this Act, the regulations,an order issued pursuant to this Act or the regulations, or the terms andconditions of a licence;

(b) an order enjoining any person from proceeding contrary to this Act, theregulations, an order issued pursuant to this Act or the regulations, or theterms and conditions of a licence.

(2) On an application pursuant to this section, the judge of the Court of Queen’sBench may make the order requested or any other order that the judge considersappropriate on any terms and conditions that the judge considers appropriate.

(3) The chief inspector may apply for an order pursuant to subsection (1)regardless of whether an order pursuant to this Act or the regulations has beenissued with respect to the matter.

“Public notice32.5 Notice of administrative penalties, discipline orders, court-orderedcompliance, cancellation or suspension of a licence, or any other orders madepursuant to this Act may be published in any manner that the ministerconsiders necessary to protect the public, including posting the notice on theministry’s website.


5

“Service of notice or documents32.6(1) Unless otherwise provided in this Act, any notice, order or documentrequired by this Act or the regulations to be given or served is to be servedpersonally or mailed by ordinary or registered mail to the last known address ofthe person being served or by any other means prescribed in the regulations.

(2) A notice, order or document directed to the occupants of a premises thatcontains two or more units intended for separate occupancy is deemed to havebeen served on each occupant by posting a copy of the notice, order or documentin a conspicuous place on the land or premises to which the notice, order ordocument relates.

(3) A notice, order or document served by ordinary mail or registered mail isdeemed to have been received on the seventh business day following the day of itsmailing, unless the person to whom it was mailed establishes that, through nofault of the person, the person did not receive the document or that the personreceived it at a later date.

(4) Irregularity in the service of a notice, order or document does not affect thevalidity of an otherwise valid notice, order or document”.

(7) Subsection 33(1) is repealed and the following substituted:

“(1) No person shall:

(a) contravene this Act or the regulations;

(b) fail to comply with any notice, order, decision, requirement or directionof the minister or an inspector made pursuant to this Act or the regulations;

(c) fail to comply with a term or condition of a licence issued pursuant tothis Act;

(d) knowingly make a false or misleading statement in any communication,whether in writing or otherwise, to the minister, the ministry or aninspector; or

(e) obstruct or hinder an inspector in the exercise of the inspector’s powersor the performance of the inspector’s duties pursuant to this Act orthe regulations.

“(1.1) Every person who contravenes any provision of subsection (1) is guilty ofan offence and liable on summary conviction:

(a) in the case of an individual, to a fine of not more than $25,000 and, inthe case of a continuing offence, to a further fine of not more than $5,000 foreach day or part of a day during which the offence continues; and

(b) in the case of a corporation, to a fine of not more than $200,000 and inthe case of a continuing offence, to a further fine of not more than $20,000for each day or part of a day during which the offence continues”.


6

(8) The following clause is added after clause 37(1)(m):

“(m.1) for the purposes of section 32.6, prescribing other means of service”.

(9) Section 38 is amended by striking out “department” andsubstituting “ministry”.

(10) Section 41 is repealed and the following substituted:

“Immunity41 No action or proceeding lies or shall be commenced against the minister, theministry, an inspector, an employee or agent of the ministry or any other personappointed to administer all or any of the provisions of this Act or the regulations,if that person is acting pursuant to the authority of this Act or the regulations, foranything in good faith done, caused or permitted or authorized to be done,attempted to be done or omitted to be done by that person or by any of thosepersons pursuant to or in the exercise or supposed exercise of any powerconferred by this Act or the regulations or in the carrying out or supposedcarrying out of any order made pursuant to this Act or any duty imposed by thisAct or the regulations”.

SS 1999, c B-5.1 amended3(1) The Boiler and Pressure Vessel Act, 1999 is amended in the manner set forth inthis section.


(a) by repealing clause (f); and

(b) by adding the following clause after clause (m):

“(m.1) ‘ministry’ means the ministry over which the minister presides”.




“Discipline order23.1(1) In this section, ‘regulated work’ means any work, process or activityrespecting boilers, pressure vessels, plants, pressure piping systems and fittingsand the equipment used in connection with them.



(b) fails to comply with a compliance order pursuant to section 22 or 23;




7















(5) For the purposes of clause (3)(d), if the action requires ongoing reporting tothe chief inspector, the discipline order must set a period of not more than oneyear in which the reporting of the action must be completed”.


“Administrative penalties55.1(1) The chief inspector may assess a penalty against a person forcontraventions of this Act or the regulations or for failure to comply with an orderpursuant to this Act.






8




















9






(d) any other prescribed documents or material; and











“Public notice55.5 Notice of administrative penalties, discipline orders, court-orderedcompliance, cancellation, revocation or suspension of a licence, or any otherorders made pursuant to this Act may be published in any manner that theminister considers necessary to protect the public, including posting the notice onthe ministry’s website.


10

“Service of notice or documents55.6(1) Unless otherwise provided in this Act, any notice, order or documentrequired by this Act or the regulations to be given or served is to be servedpersonally or mailed by ordinary or registered mail to the last known address ofthe person being served or by any other prescribed means.





“(2) Every person who contravenes any provision of subsection (1) is guilty of anoffence and liable on summary conviction:


(b) in the case of a corporation, to a fine of not more than $200,000 and, inthe case of a continuing offence, to a further fine of not more than $20,000for each day or part of a day during which the offence continues”.

(8) Section 60 is amended by striking out “department” wherever it appearsand in each case substituting “ministry”.

SS 1988-89, c E-7.2 amended4(1) The Electrical Licensing Act is amended in the manner set forth in this section.


“Public notice12 Notice of administrative penalties, discipline orders, court-ordered compliance,revocation or suspension of a licence, or any other orders made pursuant to thisAct may be published in any manner that the minister considers necessary toprotect the public, including posting the notice on the ministry’s website”.

(3) The following sections are added before section 27:

“Administrative penalties26.1(1) The director may assess a penalty against a person for contraventions ofthis Act or the regulations or for failure to comply with an order pursuant tothis Act.






11

(3) Before assessing a penalty, the director shall provide notice to the person:

(a) setting out the facts and circumstances that, in the director’s opinion,render the person liable to a penalty;

(b) specifying the amount of the penalty that the director considersappropriate in the circumstances; and

(c) informing the person of the person’s right to make representations tothe director.

(4) No penalty is to be assessed by the director more than three years after theact or omission that renders the person liable to a penalty first came to theknowledge of the director.

(5) A person to whom notice is sent pursuant to subsection (3) may makerepresentations to the director respecting whether a penalty should be assessedand the amount of any penalty.


(7) After considering any representations, the director may:




(8) The director shall serve a copy of the decision pursuant tosubsection (7), with reasons, on the person who made the representations.

(9) The director may assess a penalty pursuant to this section notwithstandingthat the facts and circumstances giving rise to the penalty arose due to the actionsof an employee, helper, contractor or agent of the person required to paythe penalty.

(10) If a corporation commits a contravention mentioned in subsection (1), thedirector may, in accordance with this section, assess a penalty against an officer,director or other person of the corporation who authorized, permitted oracquiesced in the contravention, even though the corporation is liable for or paysan administrative penalty.

“Enforcement of administrative penalty26.2(1) The director may file in the Court of Queen’s Bench a certificate signedby the director and setting out:





12

“Appeal to Court of Queen’s Bench re administrative penalty26.3(1) Any person aggrieved by a decision of the director to assess a penaltyagainst that person pursuant to section 26.1 may appeal that decision on aquestion of law to a judge of the Court of Queen’s Bench within 30 days after thedate of service of the director’s decision.


(a) the director’s decision;

(b) any written representations made to the director by the person namedin the decision;







(c) quashing the director’s decision to assess a penalty.

“Discipline order26.4(1) In this section, ‘regulated work’ means any work, process or activityrespecting electrical installations and electrical equipment.

(2) The director may issue a discipline order pursuant to this section against anyperson who:


(b) fails to comply with a compliance order pursuant to clause 7(1)(c);










13

(4) The penalty may consist of any sanction the director considers necessary,including the following:




(d) that advertising or display of regulated work be reported to thedirector for a specified period;



(g) that reports on any of the actions listed in the discipline order be madeto the director.

(5) For the purposes of clause (3)(d), if the action requires ongoing reporting tothe director, the order must set a period of not more than one year in which thereporting of the action must be completed.

“Appeal to director26.5(1) A person who is subject to an order pursuant to section 26.4 may,within 15 days after being served with the order, appeal the order to the director.

(2) An appeal pursuant to this section must be made by filing a notice of appealwith the director.

(3) The notice of appeal mentioned in subsection (2) must:

(a) be in writing; and

(b) set out the reasons for the appeal.

(4) The director shall consider the appeal within 30 days after the notice ofappeal is filed with the director and may confirm, modify or revoke the orderbeing appealed.

(5) The director shall cause a copy of the director’s decision, with reasons, to beserved on the appellant as soon as is practicable after the decision is made.

(6) An appeal made pursuant to this section does not operate as a stay of thedecision being appealed unless the director, on an application by the appellant,decides otherwise.


14

“Court-ordered compliance26.6(1) The director may apply to a judge of the Court of Queen’s Bench for all orany of the following:




(3) The director may apply for an order pursuant to subsection (1) regardless ofwhether an order pursuant to this Act or the regulations has been issued withrespect to the matter”.


“Offences and penalties27(1) No person shall:

(a) contravene any provision of this Act or the regulations;

(b) obstruct or hinder the director or an authorized representative of thedirector in the performance of a duty conferred or imposed on him or her bythis Act;

(c) fail to comply with any order, notice, requirement or instructions givenor made by the minister, the director, an authorized representative of thedirector or an inspector pursuant to this Act;

(d) engage in the business of a contractor or a supply house or advertise orhold himself or herself out as a contractor or a supply house without holdinga contractor’s licence or supply house licence, as the case may require;

(e) make an electrical installation that is not authorized by a licence heldby that person or a partner or employee of that person;

(f) work as a journeyman without holding a licence;

(g) perform any work that is not authorized by a licence held by thatperson; or

(h) employ on the person’s staff, for the purpose of making an electricalinstallation, a person who is not the holder of a licence authorizing thatperson to make that installation, except under conditions of emergency.

(2) Every person who contravenes any provision of subsection (1) is guilty of anoffence and liable on summary conviction:


(b) in the case of a corporation, to a fine of not more than $200,000 and, inthe case of a continuing offence, to a further fine of not more than $20,000for each day or part of a day during which the offence continues.


15

(3) If a person is found guilty of contravening any provision of subsection (1), theconvicting judge may, in addition to any other penalty imposed, order the personto do any act or work, within the time specified by the judge in the order.

(4) A person to whom an order is given pursuant to subsection (3) who fails tocomply with the decision, order or directive within the specified time is guilty ofan offence and liable on summary conviction:

(a) in the case of an individual, to a fine of not more than $5,000 for eachday during which the non-compliance continues; and

(b) in the case of a corporation, to a fine of not more than $10,000 for eachday during which the non-compliance continues”.

SS 2015, c F-15.11 amended5(1) The Fire Safety Act is amended in the manner set forth in this section.


“(1) A person who is subject to a discipline order pursuant to section 41.4 or anorder respecting matters involving contravention of the National Fire Code madeby a local assistant or municipal inspector pursuant to section 33 may, within 15days after being served with the order, appeal the order to the fire commissioner”.

(3) The following sections are added before section 42:

“Administrative penalties41.1(1) The fire commissioner may assess a penalty against a person forcontraventions of this Act or the regulations or for failure to comply with an ordermade pursuant to this Act if the fire commissioner:

(a) is requested by a local authority to assess a penalty; or

(b) considers the penalty necessary.





(3) Before assessing a penalty, the fire commissioner shall provide notice tothe person:

(a) setting out the facts and circumstances that, in the fire commissioner’sopinion, render the person liable to a penalty;

(b) specifying the amount of the penalty that the fire commissionerconsiders appropriate in the circumstances; and

(c) informing the person of the person’s right to make representations tothe fire commissioner.

(4) No penalty is to be assessed by the fire commissioner more than three yearsafter the act or omission that renders the person liable to a penalty first came tothe knowledge of the fire commissioner.


16

(5) A person to whom notice is sent pursuant to subsection (3) may makerepresentations to the fire commissioner respecting whether a penalty should beassessed and the amount of any penalty.


(7) After considering any representations, the fire commissioner may:




(8) The fire commissioner shall serve a copy of the decision pursuant tosubsection (7), with reasons, on the person who made the representations.

(9) The fire commissioner may assess a penalty pursuant to this sectionnotwithstanding that the facts and circumstances giving rise to the penalty arosedue to the actions of an employee, helper, contractor or agent of the personrequired to pay the penalty.

(10) If a corporation commits a contravention mentioned in subsection (1), thefire commissioner may, in accordance with this section, assess a penalty againstan officer, director or other person of the corporation who authorized, permittedor acquiesced in the contravention, even though the corporation is liable for orpays an administrative penalty.

“Enforcement of administrative penalty41.2(1) The fire commissioner may file in the Court of Queen’s Bench acertificate signed by the fire commissioner and setting out:




“Appeal to Court of Queen’s Bench re administrative penalty41.3(1) Any person aggrieved by a decision of the fire commissioner to assess apenalty against that person pursuant to section 41.1 may appeal that decision ona question of law to a judge of the Court of Queen’s Bench within 30 days after thedate of service of the fire commissioner’s decision.


(a) the fire commissioner’s decision;

(b) any written representations made to the fire commissioner by theperson named in the decision;





17




(c) quashing the fire commissioner’s decision to assess a penalty.

“Discipline order41.4(1) The fire commissioner may issue a discipline order pursuant to thissection against any person who:

(a) is in contravention of this Act or the regulations; or

(b) fails to comply with a compliance order pursuant to section 33.







(3) The penalty may consist of any sanction the fire commissioner considersnecessary, including the following:


(b) that any other action by a person be taken, modified or stopped ifnecessary to prevent, avoid or reduce risk of personal injury or damageto property;

(c) that reports on any of the actions listed in the discipline order be madeto the fire commissioner.

(4) For the purposes of clause (2)(d), if the action requires ongoing reporting tothe fire commissioner, the order must set a period of not more than one year inwhich the reporting of the action must be completed.

“Public notice41.5 Notice of administrative penalties, discipline orders, court-orderedcompliance or any other orders made pursuant to this Act may be published inany manner that the minister considers necessary to protect the public, includingposting the notice on the ministry’s website”.


18


“(3) Every person who contravenes any provision of subsection (1) or (2) is guiltyof an offence and liable on summary conviction:


(b) in the case of a corporation, to a fine of not more than $200,000 and, inthe case of a continuing offence, to a further fine of not more than $20,000for each day or part of a day during which the offence continues”.

SS 1988-89, c G-4.1 amended6(1) The Gas Licensing Act is amended in the manner set forth in this section.

(2) Section 25 is amended by adding the following clause after clause (m):

“(m.1) for the purposes of section 26.8, prescribing other means of service”.


“Administrative penalties26.1(1) The director may assess a penalty against a person for contraventions ofthis Act or the regulations or for failure to comply with an order pursuant tothis Act.





(3) Before assessing a penalty, the director shall provide notice to the person:

(a) setting out the facts and circumstances that, in the director’s opinion,render the person liable to a penalty;

(b) specifying the amount of the penalty that the director considersappropriate in the circumstances; and

(c) informing the person of the person’s right to make representations tothe director.

(4) No penalty is to be assessed by the director more than three years after theact or omission that renders the person liable to a penalty first came to theknowledge of the director.

(5) A person to whom notice is sent pursuant to subsection (3) may makerepresentations to the director respecting whether a penalty should be assessedand the amount of any penalty.



19

(7) After considering any representations, the director may:




(8) The director shall serve a copy of the decision pursuant tosubsection (7), with reasons, on the person who made the representations.

(9) The director may assess a penalty pursuant to this section notwithstandingthat the facts and circumstances giving rise to the penalty arose due to the actionsof an employee, helper, contractor or agent of the person required to paythe penalty.

(10) If a corporation commits a contravention mentioned in subsection (1), thedirector may, in accordance with this section, assess a penalty against an officer,director or other person of the corporation who authorized, permitted oracquiesced in the contravention, even though the corporation is liable for or paysan administrative penalty.

“Enforcement of administrative penalty26.2(1) The director may file in the Court of Queen’s Bench a certificate signedby the director and setting out:




“Appeal to Court of Queen’s Bench re administrative penalty26.3(1) Any person aggrieved by a decision of the director to assess a penaltyagainst that person pursuant to section 26.1 may appeal that decision on aquestion of law to a judge of the Court of Queen’s Bench within 30 days after thedate of service of the director’s decision.


(a) the director’s decision;

(b) any written representations made to the director by the person namedin the decision;







(c) quashing the director’s decision to assess a penalty.


20

“Discipline order26.4(1) In this section, ‘regulated work’ means any work, process or activityrespecting gas installations and gas equipment.

(2) The director may issue a discipline order pursuant to this section against anyperson who:


(b) fails to comply with a compliance order pursuant to clause 7(1)(c);









(4) The penalty may consist of any sanction the director considers necessary,including the following:




(d) that advertising or display of regulated work be reported to the directorfor a specified period;



(g) that reports on any of the actions listed in the discipline order be madeto the director.

(5) For the purposes of clause (3)(d), if the action requires ongoing reporting tothe director, the order must set a period of not more than one year in which thereporting of the action must be completed.


21

“Appeal to director26.5(1) A person who is subject to an order pursuant to section 26.4 may,within 15 days after being served with the order, appeal the order to the director.

(2) An appeal pursuant to this section must be made by filing a notice of appealwith the director.




(4) The director shall consider the appeal within 30 days after the notice ofappeal is filed with the director and may confirm, modify or revoke the orderbeing appealed.

(5) The director shall cause a copy of the director’s decision, with reasons, to beserved on the appellant as soon as is practicable after the decision is made.

(6) An appeal made pursuant to this section does not operate as a stay of thedecision being appealed unless the director, on an application by the appellant,decides otherwise.

“Court-ordered compliance26.6(1) The director may apply to a judge of the Court of Queen’s Bench for all orany of the following:




(3) The director may apply for an order pursuant to subsection (1) regardless ofwhether an order pursuant to this Act or the regulations has been issued withrespect to the matter.

“Public notice26.7 Notice of administrative penalties, discipline orders, court-orderedcompliance, suspension of a licence, or any other orders made pursuant to thisAct may be published in any manner that the minister considers necessary toprotect the public, including posting the notice on the ministry’s website.


22






“Offences and penalties27(1) No person shall:

(a) contravene any provision of this Act or the regulations;

(b) obstruct or hinder the director or an authorized representative of thedirector in the performance of a duty conferred or imposed on him or her bythis Act;

(c) fail to comply with any order, notice, requirement or instructions givenor made by the minister, the director, an authorized representative of thedirector or an inspector pursuant to this Act;

(d) engage in the business of a contractor, supply house, propane distributoror out of province propane distributor or advertise or hold himself or herselfout as a contractor, supply house, propane distributor or out of provincepropane distributor without holding a contractor’s licence, supply houselicence, propane distributor licence or out of province propanedistributor licence, as the case may require;

(e) make a gas installation that is not authorized by a contractor’s licenceheld by that person;

(f) work as a gas-fitter without holding a gas-fitter’s licence;

(g) perform any work that is not authorized by a licence held by thatperson; or

(h) employ on the person’s staff, for the purpose of making a gasinstallation, a person who is not the holder of a licence authorizing thatperson to make that installation, except under conditions of emergency.


23








RSS 1978, c P-4 amended7(1) The Passenger and Freight Elevator Act is amended in the manner set forth inthis section.


(a) by repealing clause (c); and

(b) by adding the following clause after clause (f):

“(f.1) ‘ministry’ means the ministry over which the minister presides”.





“Order to correct10.1 If, after conducting an inspection, an inspector considers that an elevatordoes not meet the requirements pursuant to this Act or the regulations or that anelevator is otherwise unsafe, the inspector may, by order in writing, direct theowner to make, or cause to be made, any maintenance, repairs, alterations orreplacement of parts that the inspector considers necessary, within the periodspecified by the inspector.


24

“Discipline order10.2(1) In this section, ‘regulated work’ means any work, process or activityrespecting elevator installations and elevator equipment.



(b) fails to comply with a compliance order pursuant to section 10.1 or 18.4;

















(5) For the purposes of clause (3)(d), if the action requires ongoing reporting tothe chief inspector, the order must set a period of not more than one year inwhich the reporting of the action must be completed.


25

“Appeal to chief inspector10.3(1) Any person aggrieved by a notice, order, decision, requirement ordirection of an inspector may, within 30 days after the date of the notice, order,decision, requirement or direction, appeal to the chief inspector by:

(a) serving the chief inspector with a written notice setting forth thenature of the person’s grievance; or

(b) notifying the chief inspector orally or otherwise and confirmingthat notification with a written notice setting forth the nature of theperson’s grievance.

(2) The chief inspector shall consider the appeal and give the appellant anopportunity to be heard:

(a) within 7 days after receiving notice of the appeal in the case of an appeallaunched within 2 days after the date of the notice, order, decision,requirement or direction being appealed against; or

(b) within 30 days after receiving notice of the appeal in any other case.

(3) The chief inspector may conduct further inquiries respecting the subject ofthe grievance.

(4) The chief inspector may allow the appeal or affirm or vary the notice, order,decision, requirement or direction of the inspector.

(5) The chief inspector shall provide written reasons for the chiefinspector’s decision.

(6) An appeal pursuant to this section does not operate as a stay of the notice,order, decision, requirement or decision being appealed, but the chief inspectormay stay its operation pending the disposition of the appeal”.


(8) Subsection 18(1) is amended by adding the following clause afterclause (g):

“(h) for the purposes of section 18.6, prescribing other means of service”.


“Administrative penalties18.1(1) The chief inspector may assess a penalty against a person forcontraventions of this Act and the regulations or for failure to comply with anorder pursuant to this Act.






26




















27

















“Public notice18.5 Notice of administrative penalties, discipline orders, court-orderedcompliance, cancellation or suspension of a licence, or any other orders madepursuant to this Act may be published in any manner that the ministerconsiders necessary to protect the public, including posting the notice on theministry’s website.


28






“Penalties19(1) No person shall:

(a) contravene any provision of this Act or the regulations for which nopenalty is otherwise provided;

(b) make a false or misleading statement in a communication, whether inwriting or otherwise, to the minister, the ministry or an inspector;

(c) interfere with or obstruct an inspector in the exercise of a power or theperformance of a duty conferred or imposed on the person by this Act;

(d) fail to comply with any order, notice, requirement or instructions givenor made by the minister or an inspector pursuant to this Act;

(e) operate an elevator of which the person is an owner or cause or permitit to be operated without having in the person’s possession an elevatorlicence with respect to the elevator;

(f) construct, install, alter or repair an elevator without having in theperson’s possession a contractor’s licence; or

(g) fail to pay a fee or other charge prescribed in the regulations.





29






“Immunity20 No action or proceeding lies or shall be commenced against the minister, theministry, an inspector, an employee or agent of the ministry or any other personappointed to administer all or any of the provisions of this Act or the regulations,if that person is acting pursuant to the authority of this Act or the regulations, foranything in good faith done, caused or permitted or authorized to be done,attempted to be done or omitted to be done by that person or by any of thosepersons pursuant to or in the exercise or supposed exercise of any powerconferred by this Act or the regulations or in the carrying out or supposedcarrying out of any order made pursuant to this Act or any duty imposed by thisAct or the regulations”.

SS 2010, c T-9.2, section 26 amended8 Subsection 26(2) of The Technical Safety Authority of Saskatchewan Actis amended:

(a) in clause (b) by striking out “department” wherever it appears and ineach case substituting “ministry”;

(b) in clause (c) by striking out “department” wherever it appears and ineach case substituting “ministry”;

(c) in clause (d) by striking out “department” and substituting “ministry”;

(d) by adding the following clause after clause (d):

“(d.1) in the case in which the safety statute permits the chief inspector toimpose an administrative penalty:

(i) the authority may exercise the power of the chief inspector toimpose the administrative penalty in accordance with the requirementsof the safety statute;

(ii) any penalty imposed must be paid to the authority; and

(iii) the authority may exercise the powers given to the chiefinspector to enforce payment of the penalty”;


30

(e) in clause (e) by striking out “department” and substituting “ministry”;

(f) in clause (f) by striking out “department” wherever it appears and ineach case substituting “ministry”;

(g) in clause (g) by striking out “department” and substituting “ministry”;

(h) in clause (h) by striking out “department” and substituting“ministry”; and

(i) in clause (i) by striking out “department” and substituting “ministry”.

SS 1983-84, c U-1.2 amended9(1) The Uniform Building and Accessibility Standards Act is amended in the mannerset forth in this section.


“Administrative penalties21.1(1) The chief building official may assess a penalty against a person forcontraventions of this Act or the regulations or for failure to comply with an ordermade pursuant to this Act if the chief building official:

(a) is requested by a local authority to assess a penalty; or

(b) considers the penalty necessary.





(3) Before assessing a penalty, the chief building official shall provide notice tothe person:

(a) setting out the facts and circumstances that, in the chief buildingofficial’s opinion, render the person liable to a penalty;

(b) specifying the amount of the penalty that the chief building officialconsiders appropriate in the circumstances; and

(c) informing the person of the person’s right to make representations tothe chief building official.

(4) No penalty is to be assessed by the chief building official more than threeyears after the act or omission that renders the person liable to a penalty firstcame to the knowledge of the chief building official.

(5) A person to whom notice is sent pursuant to subsection (3) may makerepresentations to the chief building official respecting whether a penalty shouldbe assessed and the amount of any penalty.



31

(7) After considering any representations, the chief building official may:




(8) The chief building official shall serve a copy of the decision pursuant tosubsection (7), with reasons, on the person who made the representations.

(9) The chief building official may assess a penalty pursuant to this sectionnotwithstanding that the facts and circumstances giving rise to the penalty arosedue to the actions of an employee, helper, contractor or agent of the personrequired to pay the penalty.

(10) If a corporation commits a contravention mentioned in subsection (1), thechief building official may, in accordance with this section, assess a penaltyagainst an officer, director or other person of the corporation who authorized,permitted or acquiesced in the contravention, even though the corporation isliable for or pays an administrative penalty.

“Enforcement of administrative penalty21.2(1) The chief building official may file in the Court of Queen’s Bench acertificate signed by the chief building official and setting out:




“Appeal to Court of Queen’s Bench re administrative penalty21.3(1) Any person aggrieved by a decision of the chief building official to assessa penalty against that person pursuant to section 21.1 may appeal that decision ona question of law to a judge of the Court of Queen’s Bench within 30 days after thedate of service of the chief building official’s decision.


(a) the chief building official’s decision;

(b) any written representations made to the chief building official by theperson named in the decision;







(c) quashing the chief building official’s decision to assess a penalty.


32

“Discipline order21.4(1) The chief building official may issue a discipline order pursuant to thissection against any person who:

(a) is in contravention of this Act and its regulations;

(b) fails to comply with a compliance order pursuant to section 17; or

(c) fails to comply with a term or condition of a permit.







(3) The penalty may consist of any sanction the chief building official considersnecessary, including the following:


(b) that any other action by a person be taken, modified or stopped ifnecessary to prevent, avoid or reduce risk of personal injury or damageto property;

(c) that reports on any of the actions listed in the discipline order be madeto the chief building official.

(4) For the purposes of clause (2)(d), if the action requires ongoing reporting tothe chief building official, the discipline order must set a period of not more thanone year in which the reporting of the action must be completed.

“Appeal to chief building official21.5(1) A person who is subject to an order pursuant to section 21.4 may,within 15 days after being served with the order, appeal the order to the chiefbuilding official.

(2) An appeal pursuant to this section must be made by filing the notice of appealwith the chief building official.




(4) The chief building official shall consider the appeal within 30 days after thenotice of appeal is filed with the chief building official and may confirm, modify orrevoke the order being appealed.


33

(5) The chief building official shall cause a copy of the chief building official’sdecision, with reasons, to be served on the appellant as soon as is practicable afterthe decision is made.

(6) An appeal made pursuant to this section does not operate as a stay of thedecision being appealed unless the chief building official, on an application by theappellant, decides otherwise.

“Public notice21.6 Notice of administrative penalties, discipline orders, court-orderedcompliance, revocation of a permit, or any other orders made pursuant to this Actmay be published in any manner that the minister considers necessary to protectthe public, including posting the notice on the ministry’s website”.


“Offence and penalty22(1) No person shall:

(a) contravene this Act, the regulations or a bylaw passed pursuant tothis Act;

(b) fail to comply with an order made pursuant to section 17 or 18; or

(c) obstruct or hinder a building official in the performance of the buildingofficial’s duties pursuant to this Act or the regulations.



(b) in the case of a corporation, to a fine of not more than $200,000 and, inthe case of a continuing offence, to a further fine of not more than $20,000for each day during which the offence continues.


(4) A person to whom an order is given pursuant to subsection (3) who fails tocomply with the decision, order or directive within the specified period is guilty ofan offence and liable on summary conviction:



Coming into force10 This Act comes into force on assent.


34


35


36

Printed under the authority ofThe Speaker of the Legislative Assembly

of Saskatchewan2018

B I L L

No. 138

An Act to amend certain Acts respectingEnforcement Measures

THIRD SESSION

Twenty-eighth LegislatureSASKATCHEWAN

Received and read the

First time

Second time

Third time

And passed

Honourable Warren Kaeding

G:PLLDLDDBPMBills3rd Session 28th Legislature 2018...

Documents

Transcript of G:PLLDLDDBPMBills3rd Session 28th Legislature 2018...