47_2017 — Administrative Penalties (Mines) Regulation

1

Procedures for Making Determinations

s. 1 — Definition

In this regulation, Act means the Mines Act.

s. 2 — Assessment of administrative penalty

Before the chief inspector imposes an administrative penalty on a person, the chief inspector must consider the following matters, if applicable:

s. 2(a)

the gravity and magnitude of the contravention or failure;

s. 2(b)

the real or potential adverse effect of the contravention or failure;

s. 2(c)

previous contraventions or failures by, administrative penalties imposed on, or orders issued to the following:

s. 2(c)(i)

the person who is the subject of the determination;

s. 2(c)(ii)

if the person is an individual, a corporation for which the individual is or was a director, officer or agent;

s. 2(c)(iii)

if the person is a corporation, an individual who is or was a director, officer or agent of the corporation;

s. 2(d)

whether the contravention or failure was repeated or continuous;

s. 2(e)

whether the contravention or failure was deliberate;

s. 2(f)

any economic benefit derived by the person from the contravention or failure;

s. 2(g)

the person's efforts to prevent the contravention or failure;

s. 2(h)

the person's efforts to correct the contravention or failure;

s. 2(i)

the person's efforts to prevent reoccurrence of the contravention or failure;

s. 2(j)

any other factors that, in the opinion of the chief inspector, are relevant.

s. 3 — Enforcement of administrative penalty — permits

If a person fails to pay an administrative penalty as required under section 36.4 [due date of penalty] of the Act, the chief permitting officer may refuse to consider applications made by the person for a permit, or for the amendment of a permit, until the penalty is paid in full.

2

Administrative Penalties

s. 4 — Prescribed provisions of Act

s. 4(1)

A person who contravenes section 10 (1) [permits], 11.1 [acquisition of a mine], 14 (1) [discrimination], 15 (7) [inspections] or 21 [appointment of manager] of the Act or an order issued under section 10.1 (2) (a), 14 (3), 15 (4.1) or (5) or 35 (1) [enforcement of Act, regulations code, permit or order] of the Act is liable to an administrative penalty not exceeding $500 000.

s. 4(2)

A person who contravenes section 26 [supervision required], 27 [mine plans] or 32 (1) or (2) [occupational health and safety committee] of the Act or an order issued under section 15 (4) (d) of the Act is liable to an administrative penalty not exceeding $100 000.

s. 4(3)

A person who contravenes section 30 (1) or (2) [posting of reports and orders] of the Act is liable to an administrative penalty not exceeding $40 000.

s. 5 — Prescribed provisions of Mines Regulation

A person who contravenes section 1 [investigation by inspector] of the Mines Regulation, respecting the obligations of management, is liable to an administrative penalty not exceeding $500 000.

s. 6 — Repealed

Repealed. [B.C. Reg. 7/2021, Sch. s. 1.]

s. 7 — Prescribed provisions of Health, Safety and Reclamation Code for Mines in British Columbia

s. 7(1)

A person who contravenes section 1.7.2 (1) (a) or (b) [notification of a reportable incident], 1.11.1 [training], 2.13.2 (1) [Use, Storage, Handling], 3.4.1 [work in confined spaces], 3.7.1 (1) [Mine Emergency Response Plan], 10.5.1 [construction of tailings and water management facilities], 10.5.2 [Operations, Maintenance and Surveillance (OMS) Manual], 10.5.3 [annual dam safety inspection] or 10.5.4 [dam safety reviews] of the code is liable to an administrative penalty not exceeding $500 000.

s. 7(2)

A person who contravenes section 1.12.1 [open pit], 1.12.2 [underground non coal], 1.12.3 [underground coal mine] or 1.12.5 [manager] of the code is liable to an administrative penalty not exceeding $100 000.

s. 7(3)

A person who contravenes section 1.11.2 [record of training] of the code is liable to an administrative penalty not exceeding $40 000.

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Appeals

s. 8 — Definition

In this Part, appeal means an appeal under section 36.7 [appeal] of the Act.

s. 9 — Appeal tribunal

For the purposes of section 36.7 of the Act and this Part, the appeal tribunal is the Environmental Appeal Board continued under the Environmental Management Act.

s. 10 — Application of Administrative Tribunals Act to appeal tribunal

The following provisions of the Administrative Tribunals Act apply to the appeal tribunal:

s. 10(a)

Part 1 [Interpretation and Application];

s. 10(b)

Part 2 [Appointments];

s. 10(c)

Part 3 [Clustering];

s. 10(d)

Part 4 [Practice and Procedure], except the following:

s. 10(d)(i)

section 23 [notice of appeal (exclusive of prescribed fee)];

s. 10(d)(ii)

section 24 [time limit for appeals];

s. 10(d)(iii)

section 25 [appeal does not operate as stay];

s. 10(d)(iv)

section 34 (1) and (2) [power to compel witnesses and order disclosure];

s. 10(e)

Part 6 [Costs and Sanctions];

s. 10(f)

Part 7 [Decisions];

s. 10(g)

Part 8 [Immunities];

s. 10(h)

Part 9 [Accountability and Judicial Review] except section 58 [standard of review with privative clause].