Mines Act – Administrative Monetary Penalties
Engagement Summary
Feedback was invited on a discussion paper to enable the development of an Administrative Monetary Penalty (AMP) program under the Mines Act.
In March 2016, the Legislative Assembly of British Columbia passed Bill 8: Mines Amendment Act, 2016 to enable the development of an AMP program under the Mines Act. AMPs provide the Province with an additional compliance and enforcement tool that is efficient, cost-effective and flexible, and can be imposed without court involvement. While AMPs are new to the Ministry of Energy and Mines, they are widely used by other ministries in the natural resource sector, including the Ministry of Environment and the Ministry of Forests, Lands and Natural Resource Operations.
A discussion paper outlining key aspects of the AMP regulation was available for public review and feedback. Comments were accepted by email during a one-month public comment period.
Timeframe:
September 8 – October 11, 2016
Input received:
Industry did not express opposition to the implementation of the Administrative Monetary Penalty program. The industry feedback received stressed that:
- AMPs should be clear and consistently applied;
- Operators should have the opportunity to address non-compliance before an AMP is issued; and
- Ministry should train/educate staff on AMPs.
Input leads to action:
The Administrative Monetary Penalty program is now fully operational and is being implemented in a way that is consistent with the feeback recieved.