AMVIC expects all licensees to comply with Alberta’s consumer protection laws. However, if a breach of the legislation occurs, AMVIC follows a progressive enforcement model as follows:
- A written warning is sent to licensee urging voluntary compliance.
- A condition may be added to a licence.
- A Violation ticket may be issued to enforce provisions in the Traffic Safety Act (specifically not providing a Mechanical Fitness Assessment).
- Charges- AMVIC’s peace officers have the authority to lay charges under the Fair Trading Act, Traffic Safety Act and Criminal Code against a business or an individual. Charges are laid when the offence and circumstances are of sufficient seriousness in nature and/or the accused is likely to reoffend.
- A notice of administrative review, which could include proposed enforcement action, may be sent.
Administrative review outcomes may include:
– No further action
– Conditions added to licence or licence cancellation or suspension
– Administrative Penalty
– Director’s Order
When determining an appropriate enforcement measure, AMVIC will consider several factors including:
- the goals of enforcement and the individual circumstances
- the seriousness of the contravention
- whether the contravention was repeated, systemic, or a one-time occurrence
- whether there have been any similar compliance issues in the past
- the willingness of the licensee to make changes to address the contravention and the steps the licensee has voluntarily taken
- whether there are any unresolved consumer complaints specific to the investigation
- what is in the public interest
The overall goal of applying an enforcement measure is to:
- change the behaviour of the non-compliant person
- eliminate any financial gain or benefit due to the non-compliance
- be responsive to and appropriate for the particular facts of the non-compliance
- be proportionate to the nature of the non-compliance and any harm caused and restore and/or remedy the harm caused where possible and allowed by law
- encourage future compliance by the person and within the industry as a whole
- reduce the risk of futher harm