Compliance and Enforcement

Regulatory Resources

Compliance and Enforcement

We administer the Safety Standards Act and Safety Standard General Regulation, which applies in most jurisdictions throughout British Columbia. From time to time, we issue enforceable regulatory instruments like safety orders, and directives to clarify requirements from these acts and regulations.

We care about compliance and enforcement because it supports the safety system. Compliance and enforcement is critical for ensuring that non-compliances and hazardous conditions are rectified and that no one contractor has an economic advantage over another.

So, if you are advertising, installing, operating, manufacturing, altering, maintaining, or selling equipment in any of the technologies we regulate — and fail to adhere to the Safety Standards Act and associated regulations — we may take compliance and enforcement action against you or your organization.

Non-Compliance

We may take action when compliance with the Safety Standards Act is not met. This includes when individuals have chosen to operate outside of the safety system or when they have resisted attempts to make their work or equipment compliant.

We have a range of actions that are part of the enforcement process which include warning notices, monetary penalties, and even suspension of contractor licenses or individual qualifications.

 

Regulatory  Audits  

In addition to assessments, we conduct audits to verify compliance with the Safety Standards Act, regulations, safety orders, and directives. Audits provide valuable insights into how well an organization, its employees, and equipment are working together to comply with regulatory requirements, During an audit, we may: 

  • interview duty holders and their employees. 
  • collect and review records like invoices and employee documents. 
  • review business and administrative processes. 
  • conduct equipment inspections onsite. 

While any individual or company who advertises, performs, and/or authorizes the performance of regulated work may be audited at any time, there are some factors that we consider when determining audit candidates: 

  • Investigations or events requiring in-depth compliance checks.
  • Identified non-compliance after enforcement actions.
  • Known or suspected technical safety risks.
  • Understanding a duty holder’s role in the safety system, including unlicensed or unpermitted work. 

At the end of the audit, duty holders will receive a report detailing the findings. If a non-compliance is identified, duty holders are given the opportunity to submit a correction plan. In some cases, proportionate enforcement actions may be taken, such as discipline orders, compliance orders, monetary penalties, or suspension/revocation of the contractor’s licence. 

 

Causes for Non-Compliance 

The following are a few common causes for continued non-compliance identified during audits. 

  • Lack of internal processes to support compliance, such as permitting, assignment of qualified individuals to jobs, risk assessments, calling for inspection, correction, and declaration of non-compliance 
  • Lack of internal employee training 
  • Employee turnover 
  • Issues with hiring, maintaining and tracking qualifications 
  • General lack of understanding of responsibilities outlined in the Safety Standards Act and Regulations 

We encourage all duty holders to consider these factors to support their own compliance and good standing and to reduce the risk of enforcement action. Questions or concerns about compliance or to report those who are working unlicensed or unqualified can be directed to complianceenforcement@technicalsafetybc.ca. 

 

Enforcement Actions

Enforcement actions can be taken against any individual or company. This includes those who are licensed, certified, or permitted by Technical Safety BC. We may also take action against homeowners, owners of technical systems or equipment, and businesses operating illegally or advertising regulated work without proper authorization. 

We have the authority to take various enforcement actions to ensure compliance and maintain public safety. We also collaborate with other regulatory bodies to address public safety hazards.  

The type of action taken depends on the extent of non-compliance with legislative requirements and the level of potential risk associated with the non-compliances identified. We can: 

  • issue compliance or discipline orders. 
  • impose monetary penalties up to $100,000. Typically, we resort to monetary penalties only after other enforcement actions, such as compliance orders or discipline orders, have failed to achieve compliance. 
  • suspend or revoke a contractor’s licence or permission to operate 
  • add terms and conditions to a licence, requiring contractors to meet additional requirements, such as completing extra training or hiring a third-party inspection agency at their own expense to verify compliance.  
  • enforce unpaid monetary penalties through the courts, which have the power to seize property and belongings to settle outstanding debts.  

When determining monetary penalties, we consider several factors: 

  • Past Enforcement Actions: Previous violations of a similar nature by the individual 
  • Harm or Risk of Harm: The extent of harm or the degree of risk posed to others due to the violation 
  • Intent: Whether the violation was committed deliberately 
  • Frequency: Whether the violation was repeated or continuous 
  • Duration: The length of time the violation persisted 
  • Economic Benefit: Any financial gain obtained by the individual from the violation 

Learn more about the enforcement process and view the fees associated with compliance and enforcement. 

Definitions of Enforcement Actions

Surety bonds are financial guarantees required to obtain both gas and electrical contractor licences. In certain circumstances, a safety manager may “call the bond,” requiring the funds to be applied to correct non-compliances.

Documents issued to a person or company by a Technical Safety BC safety officer or safety manager that specifies actions to be taken, stopped, or modified.

A systematic documented process in which Technical Safety BC gathers and evaluates evidence to determine the extent to which the duty holder (auditee) is complying with the requirements of the Safety Standards Act and Regulations (the audit criteria).

Documents issued to a person or company by Technical Safety BC identifying non-compliant behaviour and further advising that future non-compliance of a similar nature may result in progressive enforcement action.

Administrative penalties issued by a Technical Safety BC safety manager to a person or company for specific non-compliance(s) in amounts up to a maximum of $100,000.

Permission suspension is a temporary withholding of privileges granted under a permit, qualification, or licence under the Safety Standards Act. Revocation is the complete termination of privileges granted under a permit, qualification, or licence under the Safety Standards Act.

A document issued by a Technical Safety BC provincial safety manager to a person or company performing regulated work who: (1) is in breach of a condition of, or restriction on, any licence or permission; (2) practices in a discipline under the Safety Standards Act for which the contractor is not licensed or qualified; (3) fails to comply with a compliance order or safety order; (4) fails to comply with a requirement, term or condition of an Alternative Safety Approach, or; (5) is convicted of an offense under the Safety Standards Act. A discipline order typically attaches specific terms and conditions to a licence in an effort to compel compliance with the Safety Standards Act and regulations.

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