260044 — ADMINISTRATIVE PENALTIES, O. Reg. 44/26

s. 1 — Manager to issue order

A manager employed by the Aviation, Forest Fire and Emergency Services Branch of the Ministry, or a person employed in a successor to this position or as a manager in a successor to this branch, may issue an order in writing requiring a person to pay an administrative penalty if the manager is of the opinion that the person has contravened a provision set out in a Table to this Regulation.

s. 2 — Contraventions re starting or tending fires

The amount payable as an administrative penalty for a contravention set out in the Table to this section is $1500 for an individual and $3000 for a corporation.

Table

Item	Column 1 Provision Contravened	Column 2 Description of Contravention
1.	Subsection 11 (1) of the Act	Unlawfully start fire outside restricted fire zone during fire season
2.	Subsection 11 (1) of the Act	Unlawfully tend fire outside restricted fire zone during fire season
3.	Subsection 19 (3) of the Act	Fail to comply with condition of agreement
4.	Clause 34.1 (c) of the Act	Fail to comply with a condition of a permit
5.	Subsection 4 (1) of O. Reg. 43/26	Start fire outdoors under unsafe conditions
6.	Subsection 4 (2) of O. Reg. 43/26	Start fire outdoors — fail to leave responsible person in charge
7.	Subsection 4 (2) of O. Reg. 43/26	Person in charge — fail to leave responsible person in charge
8.	Subsection 4 (3) of O. Reg. 43/26	Fail to tend fire
9.	Subsection 4 (3) of O. Reg. 43/26	Fail to keep fire under control
10.	Subsection 4 (3) of O. Reg. 43/26	Fail to extinguish fire before leaving site
11.	Subsection 7 (2) of O. Reg. 43/26	Fail to ensure monitoring of fire in incinerator
12.	Subsection 10 (2) of O. Reg. 43/26	Fail to immediately extinguish fire started under permit upon notice of cancellation or suspension
13.	Subsection 10 (3) of O. Reg. 43/26	Fail to keep fire permit at location of activity
14.	Subsection 10 (4) of O. Reg. 43/26	Fail to produce fire permit on request

s. 3 — Contraventions re wildland fire preparedness

The amount payable as an administrative penalty for a contravention set out in the Table to this section is $2500 for an individual and $5000 for a corporation.

Table

Item	Column 1 Provision Contravened	Column 2 Description of Contravention
1.	Subsection 35 (1) of O. Reg. 43/26	Operator — fail to prepare fire prevention and preparedness plan
2.	Subsection 35 (3) of O. Reg. 43/26	Operator — fail to complete fire prevention and preparedness plan before industrial operations undertaken
3.	Subsection 36 (1) of O. Reg. 43/26	Fail to prepare vegetation management plan

s. 4 — Contraventions re required equipment and mitigation measures

The amount payable as an administrative penalty for a contravention set out in the Table to this section is $1500 for an individual and $3000 for a corporation.

Table

Item	Column 1 Provision Contravened	Column 2 Description of Contravention
1.	Section 15 of the Act	Fail to keep required equipment in working order
2.	Section 15 of the Act	Fail to ensure required equipment is of the specified type
3.	Subsection 16 (1) of the Act	Fail to pile and burn flammable material
4.	Section 17 of the Act	Fail to clear area of flammable debris
5.	Section 22 of the Act	Fail to report fire that is not kept under control without undue delay
6.	Section 27 of the Act	Accumulate flammable debris within 800 m of municipality
7.	Section 27 of the Act	Permit accumulation of flammable debris within 800 m of municipality
8.	Section 28 of the Act	Smoke while walking or working in a wildland area during fire season
9.	Section 29 of the Act	Throw or drop smoking materials, live coals or hot ashes in or within 300 m of wildland area
10.	Section 30 of the Act	Leave firearm residue unextinguished in or within 300 m of wildland area
11.	Section 30 of the Act	Leave flare residue unextinguished in or within 300 m of wildland area
12.	Section 30 of the Act	Leave fireworks residue unextinguished in or within 300 m of wildland area
13.	Section 30 of the Act	Leave explosives residue unextinguished in or within 300 m of wildland area
14.	Section 33 of the Act	Use or operate spark-emitting outlet with inadequate spark arrester in or within 300 m of wildland area
15.	Subsection 22 (1) of O. Reg. 43/26	Operate equipment or machinery involved in industrial operations, forest operations or processing of forest resources in wildland area during fire season without fire extinguisher within 5 m
16.	Subsection 22 (1) of O. Reg. 43/26	Fire extinguisher — not rated as required during fire season
17.	Subsection 23 (1) of O. Reg. 43/26	Start power saw during fire season within 3 m of fuelling site
18.	Subsection 23 (1) of O. Reg. 43/26	Operate power saw during fire season within 3 m of fuelling site
19.	Subsection 23 (2) of O. Reg. 43/26	Place operating or hot power saw on flammable material during fire season
20.	Subsection 23 (3) of O. Reg. 43/26	Operate power saw during fire season without fire extinguisher with required rating available
21.	Subsection 24 (1) of O. Reg. 43/26	Fail to check equipment or machinery for accumulation of flammable material during fire season
22.	Subsection 24 (1) of O. Reg. 43/26	Fail to remove flammable materials from equipment or machinery during fire season
23.	Subsection 24 (2) of O. Reg. 43/26	Fail to dispose of flammable material safely during fire season
24.	Subsection 24 (3) of O. Reg. 43/26	Leave equipment or machinery in area with flammable material during fire season
25.	Clause 25 (a) of O. Reg. 43/26	Alter or modify muffler or other spark-arresting device
26.	Clause 25 (b) of O. Reg. 43/26	Possess altered or modified equipment or machinery
27.	Clause 37 (1) (a) of O. Reg. 43/26	Operator — fail to ensure required fire suppression equipment is available in required location
28.	Clause 37 (1) (b) of O. Reg. 43/26	Operator — fail to ensure there are persons involved in carrying out operations who are able to operate fire suppression equipment

s. 5 — Contraventions re industrial operations

The amount payable as an administrative penalty for a contravention set out in the Table to this section is $2000 for an individual and $4000 for a corporation.

Table

Item	Column 1 Provision Contravened	Column 2 Description of Contravention
1.	Subsection 27 (2) of O. Reg. 43/26	Owner of industrial operation — fail to ensure compliance by operators
2.	Subsection 31 (2) of O. Reg. 43/26	Operator — fail to examine vegetation to classify as required
3.	Subsection 31 (3) of O. Reg. 43/26	Operator — fail to follow required procedures to classify vegetation at worksite
4.	Subsection 31 (4) of O. Reg. 43/26	Operator — fail to carry out examinations and re-classifications of vegetation as required
5.	Clause 33 (1) (a) of O. Reg. 43/26	Operator — fail to consult fire intensity code report every day during fire season for the following day
6.	Clause 33 (1) (b) of O. Reg. 43/26	Operator — fail to determine applicable fire intensity code during fire season
7.	Clause 33 (4) (a) of O. Reg. 43/26	Operator — fail to use fire intensity code as an indicator during fire season
8.	Clause 33 (4) (b) of O. Reg. 43/26	Operator — fail to use fire intensity code to determine precautions during fire season
9.	Subsection 34 (1) of O. Reg. 43/26	Operator — fail to ensure that hours of operation adjusted as required
10.	Subsection 34 (3) of O. Reg. 43/26	Operator where operation not trained and capable — fail to ensure that operations are shut down as required
11.	Subsection 34 (3) of O. Reg. 43/26	Operator where operation not trained and capable — fail to ensure that hours of operation are reduced as required
12.	Subsection 34 (4) of O. Reg. 43/26	Operator of trained and capable operation — fail to ensure that operations are shut down as required
13.	Subsection 34 (4) of O. Reg. 43/26	Operator of trained and capable operation — fail to ensure that hours of operation are reduced as required
14.	Subsection 34 (6) of O. Reg. 43/26	Operator — fail to ensure at least one worker patrols worksite as required after operations cease
15.	Clause 34 (7) (a) of O. Reg. 43/26	Operator — fail to shut down operations at 06:00
16.	Clause 34 (7) (b) of O. Reg. 43/26	Operator — begin operations before required shut down no longer applies
17.	Clause 34 (7) (c) of O. Reg. 43/26	Operator — fail to ensure at least one worker patrols worksite as required after operations cease
18.	Subsection 34 (8) of O. Reg. 43/26	Worker — fail to immediately report fire that is discovered and not kept under control
19.	Subsection 35 (4) of O. Reg. 43/26	Operator — fail to provide copy of fire prevention and preparedness plan on request
20.	Subsection 35 (5) of O. Reg. 43/26	Operator — fail to keep copy of fire prevention and preparedness plan at worksite
21.	Subsection 36 (2) of O. Reg. 43/26	Fail to provide vegetation management plan to Ministry on request

s. 6 — Contraventions re order made by officer

The amount payable as an administrative penalty for a contravention set out in the Table to this section is $3000 for an individual and $6000 for a corporation.

Table

Item	Column 1 Provision Contravened	Column 2 Description of Contravention
1.	Subsection 5.1 (2) of the Act	Unlawfully enter area or building closed by officer
2.	Subsection 5.1 (2) of the Act	Unlawfully remain in area or building closed by officer
3.	Subsection 5.2 (3) of the Act	Fail to provide requested information during inspection
4.	Subsection 5.2 (4) of the Act	Fail to produce things during inspection
5.	Subsection 5.2 (4) of the Act	Fail to provide assistance during an inspection
6.	Subsection 5.3 (2) of the Act	Fail to stop for officer
7.	Subsection 5.3 (2) of the Act	Fail to produce any document or thing requested during stop
8.	Subsection 5.8 (5) of the Act	Fail to safeguard thing as required
9.	Section 6 of the Act	Fail to provide required information on request
10.	Subsection 12 (1) of the Act	Unlawfully start fire outdoors in a restricted fire zone
11.	Subsection 12 (1) of the Act	Unlawfully tend fire outdoors in a restricted fire zone
12.	Section 20 of the Act	Fail to comply with order to extinguish a fire
13.	Subsection 23 (3) of the Act	Unlawfully contravene implementation order
14.	Clause 25 (a) of the Act	Knowingly make false or misleading statement to officer
15.	Clause 25 (b) of the Act	Hinder, impede or otherwise obstruct officer
16.	Section 26 of the Act	Refuse or neglect to provide equipment or render assistance when required
17.	Section 31 of the Act	Unlawfully interfere with fire prevention notice or sign
18.	Section 32 of the Act	Unlawfully interfere with wildland area protection equipment, building or structure
19.	Clause 34.1 (b) of the Act	Contravene or fail to comply with an order

s. 7 — Continuing contravention

If a contravention of a provision set out in a Table to this Regulation continues for two or more successive days, the amount of the administrative penalty is $500 for each day after the day of the initial contravention.

s. 8 — Contraventions in restricted fire zone

(1) If a contravention of a provision set out in a Table to this Regulation occurs in an area that is a restricted fire zone, or in an area subject to an implementation order made under a wildland fire emergency area order, the administrative penalty is twice the amount provided for in the section that contains the Table.

s. 8(2)

Subsection (1) does not apply with respect to a contravention of subsection 12 (1) or 23 (3) of the Act.

s. 8(3)

For greater certainty, if a contravention in an area that is a restricted fire zone, or in an area subject to an implementation order, occurs for two or more successive days, the amount of the administrative penalty is $500 for each day after the day of the initial contravention.

s. 9 — Subsequent contravention

(1) If, no more than five years after the contravention of a provision set out in a Table to this Regulation for which a person received an administrative penalty, the person is in contravention of the same provision, the administrative penalty for the subsequent contravention is twice the amount provided for in the section that contains the Table.

s. 9(2)

For greater certainty,

s. 9(2)(a)

if the subsequent contravention occurs in an area that is a restricted fire zone, or in an area subject to an implementation order made under a wildland fire emergency area order, the administrative penalty is four times the amount provided for in the section that contains the Table, except for a contravention of subsection 12 (1) or 23 (3) of the Act, in which case the administrative penalty is two times the amount provided for in section 6; and

s. 9(2)(b)

if the subsequent contravention occurs for two or more successive days, the amount of the administrative penalty is $500 for each day after the day of the initial contravention.

s. 10 — Maximum penalty

If the amount of an administrative penalty calculated under this Regulation exceeds $25,000, the amount is deemed to be $25,000.

s. 11 — Request for review

(1) A request for a review of an administrative penalty must be made in writing and shall set out the grounds on which the review is sought and shall be accompanied by the documentary evidence, if any, that is relevant to the review.

s. 11(2)

For greater certainty, a review requested under subsection (1) does not include a right to an in-person hearing.

s. 12 — Payment made to Minister of Finance

The payment of an administrative penalty shall be made payable to the Minister of Finance.

s. 13 — No charge if administrative penalty

(1) No person shall be charged with an offence relating to a contravention set out in a Table to this Regulation if an administrative penalty is imposed on them for that contravention under this Regulation.

s. 13(2)

Subsection (1) does not apply if the administrative penalty is not paid by the deadline set out in subsection 35.2 (7) or (15) of the Act, as the case may be.

s. 14

Omitted (provides for coming into force of provisions of this Regulation).