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B.C. Reg. 129/2005
O.C. 239/2005
Deposited March 18, 2005
effective March 31, 2005
This consolidation is current to November 29, 2022.
See the Cumulative B.C. Regulations Bulletin 2021
for amendments effective after November 29, 2022.

Safety Standards Act

Monetary Penalties Regulation

Definition

1   In this regulation, "Act" means the Safety Standards Act.

Prescribed provisions of the Act

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

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

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

(c) section 68 [alteration of regulated products];

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

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

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

Criteria

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

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

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

(c) whether the contravention was deliberate;

(d) whether the contravention was repeated or continuous;

(e) the length of time during which the contravention continued;

(f) any economic benefit derived by the person from the contravention.

[Provisions relevant to the enactment of this regulation: Safety Standards Act, S.B.C. 2003, c. 39, s. 89.]