Enforcement Process
Compliance and Enforcement
Overview
The main focus of the compliance and enforcement is to support duty holder participation (i.e., licences and qualifications), connection (permits), and better overall compliant behaviour within the province's safety system. This is attained through investigations into data, technical systems, and individual performance, all of which provide insight and influence our activities. When we identify non-compliance we take fair and measured actions with a range of tools at our disposal under the Safety Standards Act.
Identification
The enforcement process begins with the identification of non-compliance. In recent years, we have become more sophisticated at identifying and locating work conducted outside of the safety system. We have the technology, the expertise, and relationships with local municipalities to identify contractors who are failing to fulfill their legal responsibilities. For these contractors it is not a question of if they will be caught, but when.
Enforcement Action(s)
Once non-compliance has been identified, we may decide to take action. There are various tools at our discretion to promote the correction of the non-compliances and influence long term behaviour change of the duty holder. These include:
- issuing compliance orders;
- imposing monetary penalties; and
- issuing discipline orders.
Reviews and Appeals
Enforcement actions that we issue are guided by principles of fairness and are subject to review and appeal.
Review: You can request that an enforcement decision be reviewed by the provincial safety manager within 30 days of receipt of the decision. To request a review you must complete and send us the Safety Manager Review Request form 1077.
Appeal: To challenge a decision made by a provincial safety manager, an appeal must be filed within 30 days of receipt to the Safety Standards Appeal Board. This is an independent body authorized to hear appeals of certain decisions that we make.
The above applies to all of our technologies with the exception of railways, which is governed under the Railway Safety Act.