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Lower maximum administrative penalties regulation (LMAPR)

Section 1 Definition

Section 2 Administrative penalties

Section 3 Specified provisions

1 Definition

In this regulation, "Act" means the Workers Compensation Act.

2 Administrative penalties

(1) In this section:

"comply" means comply with a provision of Part 3 of the Act, or the regulations, as specified in section 3 of this regulation;

"non-compliance date" means the date the Board, under section 196.1(1) of the Act, is satisfied an employer has failed to comply;

"penalty date" means the date of the order by which the Board imposes an administrative penalty under section 196.1(1) of the Act.

(2) The following administrative penalties are prescribed for the purposes of section 196.1(1) of the Act:

(a) a penalty that is half of the maximum amount allowable for an administrative penalty under section 196.1(1) of the Act, if, under that section, the Board is satisfied that an employer has failed to comply;

(b) a penalty that is the maximum amount allowable for an administrative penalty under section 196.1(1) of the Act, if, respecting an employer,

(i) the Board is satisfied the employer has failed to comply,

(ii) the non-compliance date of the failure to comply referred to in subparagraph (i) is within 3 years after the non-compliance date of a previous failure to comply by the employer, and

(iii) the penalty date of the previous failure to comply referred to in subparagraph (ii) is earlier than the penalty date of the failure to comply referred to in subparagraph (i).

3 Specified provisions

The following provisions are specified for the purposes of section 196.1(1) of the Act:

(a) section 115(1)(b) of the Act, as it pertains to orders;

(b) section 194(2), (3) or (4) of the Act if,

(i) as set out in subsection (1) of that section, an order includes a requirement for compliance reports, and

(ii) in the case of subsection (4)(d) of that section, the Board requires the employer to send a copy of the compliance reports to the Board;

(c) section 2.4 of the Occupational Health and Safety Regulation, as it pertains to orders.

Disclaimer: The Workers' Compensation Board of B.C. ("WorkSafeBC") publishes the online version Occupational Health and Safety Regulation ("OHS Regulation") in accordance with its mandate under the Workers Compensation Act to provide information and promote public awareness of occupational health and safety matters. The online OHS Regulation is not the official version of the OHS Regulation, which may be purchased from Crown Publications. WorkSafeBC endeavours to update the online OHS Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online OHS Regulation, and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any person for any loss or damage of any nature, whether arising out of negligence or otherwise, arising from the use of the online OHS Regulation. Employers are legally obligated to make a copy of the Workers Compensation Act and the OHS Regulation readily available for review by workers. The circumstances under which WorkSafeBC may consider an employer's providing access to electronic versions of the Act and OHS Regulation to have satisfied this obligation are described in Guideline G-D3-115(2)(f).