Compliance

If during a site visit, an officer discovers non-compliance that can be remedied immediately, the officer may issue a verbal compliance directive.

• All verbal compliance directives will be documented by the officer and the officer will ensure that corrective action is taken.

 If, in the opinion of the officer, compliance has not been achieved by the end of the site visit, the officer will issue a written compliance order.

 Verbal directives to achieve compliance are not to be used:

• in cases of severe non-compliance,
• if there is a history of similar non-compliance, or
• if the non-compliance issue appears to be systemic on the work site.

When non-compliance is observed, and the breach falls outside of immediate verbal compliance, the officer may issue a written compliance order noting the contravention(s) and requiring compliance by a specific date.

An officer is authorized to issue a compliance order to any person who, in the opinion of the officer, is not complying with the  Act or its regulations.

• The compliance order will direct that person to comply with the Act or the regulations 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 officer, under section 33 of the Act, may apply to the Court of Queen’s Bench for an order requiring the person to comply with the  Act.

In a significant case of non-compliance, an officer may forego a compliance order and apply directly to the Court of Queen’s Bench for an order to the person to comply with the Act.