Compliance Orders and Penalties

Compliance Order

A Compliance Order is a tool that requires a person to come into compliance with legislation.

An AIT officer is authorized to issue a compliance order to any person who is contravening the Act or Regulations, directing them to comply within a specific time frame and in accordance with specific directions.

If that person refuses or fails to comply with the terms specified in the compliance order, the AIT officer applies to the courts for an order requiring the person to comply with the Act.

A compliance order can be issued for a number of reasons. Examples of non-compliance are listed here.

If any person is contravening the Apprenticeship and Industry Training Act or Regulations, or conspiring with others to commit a contravention, that information maybe referred to the Program Compliance & Investigations Unit.

The Program Compliance & Investigations Unit conducts both regulatory and criminal investigations. Investigations conducted are in accordance to their Alberta Peace Officer Appointments, authorized by Alberta Justice and Solicitor General and may result in formal prosecution within Alberta Provincial Courts.

Alberta Provincial Courts may impose penalties that can be outside of the Alberta Apprenticeship & Industry Training, including:

  • costs against the defendant,
  • imposing conditions to ensure compliance,
  • fines for failing to comply, and
  • other penalties (imprisonment for failing to comply with terms of Court Order).

Penalties for Non-Compliance

There is no minimum fine specified in the Act. The Crown Prosecutor may suggest an appropriate fine in a particular case, however the decision is at the discretion of the Court, up to a maximum of $15,000 for each offence.

The Minister may suspend or cancel a person’s trade or occupational certificate or an apprenticeship contract:

  • if the certificate has been improperly altered, obtained by misrepresentation or fraud, was improperly entered into or granted due to an administrative error, or has been used by someone other than the certificate or contract holder, and
  • if there has been an irregularity in the taking of an exam required under the Act.

On the recommendation of the Alberta Apprenticeship and Industry Training Board, the Minister may also suspend or cancel a person’s trade or occupational certificate or apprenticeship contract if the person is not maintaining an acceptable standard of quality or skill in their trade or occupation.

If circumstances warrant (such as fraudulent activity), charges may also be pursued under the Criminal Code of Canada.