4 (1) The penalty for a violation is the amount set out in column 2 or 3 of Schedule 2 that corresponds to the type of violation, the total gravity value set out in column 1 and whether the violation was committed by an individual or a person other than an individual.
Marginal note:Determination of final gravity level
(2) The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained.
Item Column 1 Column 2 Criteria Effect on Gravity Value 1 Whether the person who committed the violation has other violations in the previous 7 years 0 to +2 2 Whether the person derived any competitive or economic benefit from the violation 0 to +2 3 Whether the person made reasonable efforts to mitigate or reverse the violation’s effects –2 to +2 4 Whether there was negligence on the part of the person who committed the violation 0 to +2 5 Whether the person provided all reasonable assistance to the Regulator with respect to the violation –2 to +2 6 Whether the person, after becoming aware of the violation, promptly reported the violation to the Regulator –2 to +2 7 Whether the person has taken any steps to prevent recurrence of the violation –2 to +2 8 For type B violations, whether the violation was primarily a reporting or record-keeping requirement failure –2 to 0 9 Whether there are any other aggravating factors in relation to the risk of harm to people or the environment 0 to +3
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