Enforcement
Annual State of Safety 2022
State of Safety: Enforcement
The success of our safety system model depends on many decisions including ones made by those doing regulated work, and by those who hire them.
When business owners, builders, and homeowners choose to use contractors who perform regulated work without permits, licenses or qualifications, this not only increases safety risk, but perpetuates a disadvantage to contractors who work within our safety system.
In order to “level the playing field,” we investigate and audit companies and contractors who worked without proper permits, licences, or qualifications. In doing so, we recovered $319,000 in revenue from this gray economy in 2022.
Enforcement for Compliance and Safety
In 2022, we conducted 584 investigations and 19 audits related to compliance and enforcement. We found:
- 1,338 instances of regulated work being performed without the appropriate permit; and
- 70 instances of regulated work performed without the appropriate licence or qualification.
These investigation activities resulted in 205 compliance and enforcement actions, including 86 compliance orders and 19 compliance audits. We issued 93 warning notices, and seven monetary penalties. No discipline orders were issued this year, nor were any bonds called.
When technical or administrative non-compliances are identified, our first step is often to work with those responsible to help them understand their obligations and provide them with a clear pathway to resolution. However, when these interventions don’t achieve the desired result, we may take enforcement action to achieve compliance. The following lists the type of action we may take when necessary.
Enforcement Actions and Definitions
Bonds
Surety bonds are financial guarantees required to obtain both gas and electrical contractor licences. In certain circumstances, a safety manager may “call the bond,” requiring the funds to be applied to correct non-compliances.
Compliance Orders
Documents issued to a person or company by a Technical Safety BC safety officer or safety manager that specifies actions to be taken, stopped, or modified.
Compliance Audits
A systematic documented process in which Technical Safety BC gathers and evaluates evidence to determine the extent to which the duty holder (auditee) is complying with the requirements of the Safety Standards Act and Regulations (the audit criteria).
Warning Notices
Documents issued to a person or company by Technical Safety BC identifying non-compliant behaviour and further advising that future non-compliance of a similar nature may result in progressive enforcement action.
Monetary Penalties
Administrative penalties issued by a Technical Safety BC safety manager to a person or company for specific non-compliance(s) in amounts up to a maximum of $100,000.
Permission Suspension/Revocation
Permission suspension is a temporary withholding of privileges granted under a permit, qualification, or licence under the Safety Standards Act. Revocation is the complete termination of privileges granted under a permit, qualification, or licence under the Safety Standards Act.
Discipline Order
A document issued by a Technical Safety BC provincial safety manager to a person or company performing regulated work who: (1) is in breach of a condition of, or restriction on, any licence or permission; (2) practices in a discipline under the Safety Standards Act for which the contractor is not licensed or qualified; (3) fails to comply with a compliance order or safety order; (4) fails to comply with a requirement, term or condition of an Alternative Safety Approach, or; (5) is convicted of an offense under the Safety Standards Act. A discipline order typically attaches specific terms and conditions to a licence in an effort to compel compliance with the Safety Standards Act and regulations.
Compliance and Enforcement by Technology in 2022
Compliance and Enforcement by Year (2018-2022)
Monetary Penalties in 2022
While legislation empowers us to issue a monetary penalty at any time in the enforcement process, we use our discretion when doing so.
We commonly only issue monetary penalties after warning notices or compliance orders did not secure compliance, or when compliance was breached.
Rarely, there may be circumstances where we would issue a monetary penalty in the first instance.
To provide transparency and understanding of where we have taken action, the following chart lists monetary penalties issued in 2022. Most of these penalties were issued to those in the gas and electrical technologies.
"Our first step is often to work with those responsible to help them understand their obligations and provide them with a clear pathway to resolution."
Monetary Penalties: 2022
| Duty Holder | Technology | Category | Value |
| Davidson Bros. Mechanical Contractors Ld. | BPV | Failure to comply with Compliance Order | Daily penalty of $250, Total of $12,000 |
| Sejad Mahmutagic dba First Class Ventilation, Heating, Insulation, and Air Conditioning | Gas | Failure to comply with Compliance Order | $12,000 |
| Sorriso Lu | Electrical | Failure to comply with Compliance Order | $10,000 |
| William Colling d.b.a. Flawless Paint and Reno | Electrical | Failure to comply with Compliance Order | $10,000 |
| Aura West Plumbing Inc. | Gas | Failure to comply with Compliance Order | Daily penalty of $500, Total of $36,000 |
| 54A Avenue Holdings Ltd. And Sukhminder Rai | Gas | Failure to comply with Compliance Order | Daily penalty of $100, Total of $3,000 |
| Fast Track Appliances Ltd. | Gas | Failure to comply with Compliance Order | Daily penalty of $250, Total of $12,000 |