129_2005 — Monetary Penalties Regulation

s. 1 — Definition

In this regulation, Act means the Safety Standards Act.

s. 2 — Prescribed provisions of the Act

For the purpose of section 40 (1) (a) [monetary penalties] of the Act, the following provisions of the Act are prescribed:

s. 2(a)

section 63 (b) [general prohibitions — regulated work];

s. 2(b)

section 63 (c) [general prohibitions — regulated product];

s. 2(c)

section 68 [alteration of regulated products];

s. 2(d)

section 69 (2) (a) [use or possession of a regulated product];

s. 2(e)

section 70 (1) [disposal of regulated products — certification mark];

s. 2(f)

section 70 (2) [disposal of regulated products — unsafe operation];

s. 2(g)

section 71.1 [offering and advertising to do regulated work].

s. 3 — Criteria

Before a safety manager imposes a monetary penalty on a person, the safety manager must consider the following:

s. 3(a)

previous enforcement actions under the Act for contraventions of a similar nature by the person;

s. 3(b)

the extent of the harm, or of the degree of risk of harm, to others as a result of the contravention;

s. 3(c)

whether the contravention was deliberate;

s. 3(d)

whether the contravention was repeated or continuous;

s. 3(e)

the length of time during which the contravention continued;

s. 3(f)

any economic benefit derived by the person from the contravention.