A recent case from Nova Scotia raises some interesting points around the defence of due diligence in
administrative penalty cases for health and safety cases.
Not exact matches
New tools, such as AMPs (
administrative monetary
penalties) allow the Commission to be more effective in its enforcement activities, as we have demonstrated in the
case of DNCL (the Do Not Call List) and the significant
penalties that were recently imposed.»
According to ASC spokesman Mark Dickey, only «a small portion of the
administrative penalties related to the Concrete Equities
case has been collected by the ASC to date.»
«EPA Settles PFOA
Case Against DuPont for Largest Environmental
Administrative Penalty in Agency History.»
The Act is very similar to the Agriculture and Agri - Food
Administrative Monetary
Penalty Act: it creates a framework for the Governor - in - Council to designate the contravention or failure to comply with provisions in a number of federal environmental statutes as «violations», and to set an AMP of up to $ 5,000 in the
case of an individual or $ 25,000 in the
case of a corporation, ship or vessel.
57 The Commission was correct to conclude that the presumption against retrospective application did not apply in this
case because
administrative penalties under the Act are not punitive but are instead designed to protect the public: Brosseau v. Alberta Securities Commission -LSB-...].
As a consequence of these statements, even though the Member States have «freedom to choose the applicable
penalties» between
administrative and criminal
penalties, the last ones may be necessary to «combat serious
cases of VAT evasion in an effective and dissuasive manner» (§ 39).
Criminal fines in the
case totaled $ 485 million with civil and
administrative penalties totaling $ 1.72 billion.
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Considering that in the majority of
cases involving serious corporate misconduct the authorities may impose
administrative penalties and measures affecting the company's ability to continue and develop its activities, as a rule participation in a leniency programme is considered the better option for a company and implicated individuals.
However, the instant
case had a further twist — what if the employee's breach causes the employer to be liable to a criminal or
administrative penalty?
On March 9, 2017, the Canadian CRTC announced that it had imposed a $ 15,000
administrative monetary
penalty on an individual who allegedly engaged in electronic marketing to promote the sale of commercial flyers, without complying with CASL's (Canada's anti-spam law) consent, identification and in some
cases unsubscribe requirements.
Some worked on judicial interpretation drafting, many sat in on collegiate panel discussions of
cases, assisted in
case review, and assisted the teams of judges working on death
penalty review while many helped their mentors with related research and
administrative matters, finding their work reviewed meticulously, and spending long hours along with their (overworked) mentors.
Based on the same reasoning as in the Lafleur
case, the tribunal reduced the
administrative penalty of $ 2,000 to $ 250 because at the time of the requirement to report (2012), J&A had 24 employees on record.
Or, in the
case of a criminal or
administrative action or proceeding that is enforced by a monetary
penalty, the individual had reasonable grounds for believing the individual's conduct was lawful.
In the
case in question, Guild Contracting Specialties Inc. was issued an
Administrative Penalty for an alleged violation of the Occupational Health and Safety Act, specifically for failure to provide an eye wash unit on a construction site where controlled products were being used.
In such
cases, the Bureau may seek
administrative penalties or if the misrepresentations were knowingly made, criminal
penalties.
A Nova Scotia Court of Appeal
case has clarified that the Nova Scotia Labour Board can in fact apply the defence of due diligence when considering an appeal from an
administrative penalty compliance order.
For DUI
cases,
administrative penalties — or costs — refer to the license reinstatement fees a driver must pay.
The Council is authorized under RESA to issue
administrative penalties, in the
case of a breach of specified Rules, such as the rules relating to the display of licences, the annual reporting requirements, and rules relating to the retention of records.