The Workplace Safety And Health Act
54
(ii) a prescribed provision
of this Act or the regulations, and the
director is of the opinion that the failure involves, or is likely to
involve, an imminent risk of serious physical
or health injury to a
worker or other person;
(b) has failed to maintain compliance with an improvement order after
initially complying with it;
(c) has resumed an activity that previously
was the subject of a stop
work order but was discontinued because the person had complied
with it; or
(d) was ordered to take action under section 42.1 because the person
took a reprisal against a worker;
the director may issue a notice in writing requiring
the person to pay an
administrative penalty in the amount set out in the notice.
When penalty may be imposed
53.1(3) Notice of an administrative penalty may be issued only after any
period for appealing the matter that gave rise to the notice under
subsection (2)
has expired or, if an appeal has been filed, after a
decision has been made on appeal.
Maximum amount
53.1(4) An administrative penalty may not exceed $5,000.
Notice
53.1(5) A notice of administrative penalty must set out
(a) the amount of the penalty determined
in accordance with the
regulations;
(b) when and how the penalty must be paid; and
(c) a statement that the person may appeal the matter to the board
within 14 days after being served with the notice.
Serving the notice
53.1(6) A notice of administrative penalty must
be served on the person
required to pay the penalty. The notice may be served personally or
may be sent by registered mail to the person’s last known address.
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