ADMINISTRATIVE PENALTIES

Determination of administrative penalty 1. (1) In making a determination under section 112.5 of the Act respecting the amount of an administrative penalty for a contravention of an enforceable provision, the Board shall consider the following criteria, and may consider any other criteria that it considers relevant: 1. The extent to which the contravention deviates from the requirements of the enforceable provision. 2. The extent to which the contravention has the potential to adversely affect consumers, persons licensed under the Act or other persons. 3. The extent to which adverse effects of the contravention have been mitigated by the person who committed the contravention. 4. Whether the person who committed the contravention has previously contravened any enforceable provision. 5. Whether the person who committed the contravention derived any monetary benefit from the contravention. (2) An amount determined by the Board under subsection (1) shall not, by its magnitude, be punitive in the circumstances. 2. Omitted (revokes other Regulations). 3. Omitted (provides for coming into force of provisions of this Regulation).