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Administrative monetary penalties : Framework for earlier and more effective regulatory compliance : a discussion paper

11 Sep 2008

Typically: • the legislation under which the AMP may be imposed applies to a narrower segment of the general population (for example, a regulated industry); • imposing an AMP involves a number of steps, for instance, the person may first be given a warning and/or an opportunity to address the SDM’s concerns (that is, to comply with the scheme); • the decision to impose an AMP is made by a senior o [...] The amount and type of penalties imposed by the scheme should be proportionate to the nature of the scheme, the matters being regulated and the alleged contravention. [...] Clear direction on the penalties to be imposed can be set out, based on clearly set and known criteria such as the context of the violation (for example, whether it occurred in a commercial or not-for-profit context), the size of the offending enterprise, the severity and consequences of the violation and the number of previous penalties or warnings respecting non-compliance. [...] The courts, on the other hand, may lack a similar, detailed sentencing context for regulatory offences, so the person and others who are also regulated under the scheme (the “regulated community”) may not understand as clearly the consequences of non-compliance.13 Further, the ability to communicate the consequences to the regulated community at large may be more limited due to the lack of an ongo [...] This approach may provide the best assurance that highly objectionable acts attract the condemnation of the criminal law, while best ensuring compliance.29 Amount to be imposed: If an AMP is to be imposed, the degree of discretion to be given to SDMs in deciding the amount of the penalty may also need to be addressed as concerns have been expressed that allowing the SDM complete discretion to set
government politics administrative law regulation crime criminal justice administrative procedure civil law common law copyright criminal law law law enforcement mediation civil penalties prosecution emissions trading cap and trade court crime, law and justice judiciary non-compliance ethical principles prosecutions fines (penalties) due diligence sentencing guidelines risk-based approach environmental protection act administrative monetary penalties privative clause administrative monetary penalty absolute liability
Pages
19
Published in
Canada

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