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OHS Citations Regulation

Formerly the Lower Maximum Administrative Penalty Regulation
[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]

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 an OHS provision of the Act, or the regulations, as specified in section 3 of this regulation;

"non-compliance date" means the date the Board, under section 94 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 94 of the Act.

[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]

(2) The following administrative penalties are prescribed for the purposes of section 94 of the Act:

(a) a penalty that is half of the maximum amount allowable for an administrative penalty under section 94 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 94 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).

[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]

3 Specified provisions

The following provisions are specified for the purposes of section 94 of the Act:

(a) section 21(1)(b) of the Act, as it pertains to orders;

(b) section 88(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.

[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]

This section:
Disclaimer: The Workers' Compensation Board of B.C. (WorkSafeBC) publishes the online versions of the Workers Compensation Act (Act) and the Occupational Health and Safety Regulation (Regulation) in accordance with its mandate under the Act to provide information and promote public awareness of occupational health and safety matters. The online Act and Regulation are not the official versions, which may be purchased from Crown Publications. WorkSafeBC endeavours to update the online Act and Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online Act or 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 versions. Employers are legally obligated to make a copy of the Workers Compensation Act and the Occupational Health and Safety 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 Regulation to have satisfied this obligation are described in OHS guideline G-P2-21(2)(f).