AI-assisted research summary: This provision sets administrative penalties for certain contraventions and sets rules for notices, review, timing, and stays.
Penalties 1. The following penalties are prescribed for the purposes of section 18 of the Act: Item Column 1 Contravention Column 2 Penalty, in dollars 1. If the order relates to a contravention of subsection 16 (2) of the Act 25,000 2. If the order relates to the second contravention in a five-year period of subsection 16 (2) of the Act 50,000 3. If the order relates to the third or subsequent contravention in a five-year period of subsection 16 (2) of the Act 110,000 4. If the order relates to a contravention of section 16.1 of the Act 2,500 for every month or part thereof during which the contravention continues, to a maximum of 25,000 5. If the order relates to the second contravention in a five-year period of section 16.1 of the Act 5,000 for every month or part thereof during which the contravention continues, to a maximum of 50,000 6. If the order relates to the third or subsequent contravention in a five-year period of section 16.1 of the Act 11,000 for every month or part thereof during which the contravention continues, to a maximum of 110,000 Reasons 2. In addition to the contents required under subsection 18 (3) of the Act, an order under subsection 18 (1) of the Act shall include the reasons why the monitor serving the order believes an administrative penalty is appropriate in the circumstances. Notice of intent 3. In addition to the contents required under subsection 18 (6) of the Act, a notice of intent under subsection 18 (4) of the Act shall specify the amount of the administrative penalty that the monitor is providing notice of its intent to issue an order for. Effect of multiple or subsequent contraventions on order 4. (1) If a monitor for a non-governmental regulatory authority is satisfied that a regulatory authority has contravened or is contravening the same provision of the Act, either subsection 16 (2) or section 16.1, at any one or more times before serving a notice of intent to issue an order under subsection 18 (4) of the Act in respect of the contraventions, the notice of intent and any resulting order under subsection 18 (1) of the Act shall treat the contraventions as a single contravention. (2) If a monitor for a non-governmental regulatory authority serves an order to pay an administrative penalty under subsection 18 (1) of the Act in respect of the contravention by a regulatory authority of either subsection 16 (2) or section 16.1 of the Act and if the monitor is satisfied that the regulatory authority is subsequently in contravention of the same provision, the monitor shall not serve a notice of intent under subsection 18 (4) of the Act in respect of the subsequent contravention until after, (a) if the regulatory authority does not apply for a review of the previous order under subsection 18 (8) of the Act, the date on which the timeline for applying for that review expires; or (b) if the regulatory authority applies for a review of the previous order under subsection 18 (8) of the Act, the date on which a decision under subsection 18 (11) of the Act is made. Applications for review 5. (1) The form approved by the monitor for the purposes of subsection 18 (8) of the Act shall provide the regulatory authority with an opportunity to make written submissions. (2) A person conducting a review of an order to pay an administrative penalty under subsection 18 (8) of the Act shall conduct the review within a reasonable time. (3) An application for a review of an order to pay an administrative penalty under subsection 18 (8) of the Act operates as a stay of the order until disposition of the review. Non-application of other Act 6. The Statutory Powers Procedure Act does not apply to an order to pay an administrative penalty under subsection 18 (1) of the Act or to a review of an order to pay an administrative penalty under subsection 18 (8) of the Act. 7. Omitted (provides for coming into force of provisions of this Regulation).