Progressive enforcement

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)
  • AMVIC’s peace officers have the authority to lay charges under the Consumer Protection 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 re-offend.
  • 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

Undertaking

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 further harm