41 (1) If, (a) a director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act or has failed to comply with a condition of a licence, certificate or permit; and (b) the contravention or failure is not one in respect of which a director is required by a regulation made under subsection (16) to issue a notice described in this subsection, the director may, subject to the regulations under subsection (16), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.  2001, c. 20, s. 41 (1). Mandatory administrative penalties (2) If, (a) a director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act or has failed to comply with a condition of a licence, certificate or permit; and (b) the contravention or failure is one in respect of which a director is required by a regulation made under subsection (16) to issue a notice described in this subsection, the director shall, subject to the regulations under subsection (16), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.  2001, c. 20, s. 41 (2). Limitation (3) A director shall not issue a notice under subsection (1) or (2) in respect of a contravention or failure later than two years after the later of, (a) the day the contravention or failure occurred; and (b) the day on which the evidence of the contravention or failure first came to the attention of the director.  2001, c. 20, s. 41 (3). Amount of penalty (4) The amount of an administrative penalty in respect of a contravention or failure, (a) shall not exceed $15,000 for each day or part of a day on which the contravention or failure occurs or continues, if the contravention or failure is one in respect of which a director may issue a notice under subsection (1); (b) shall be the amount specified in the regulation made under subsection (16), if the contravention or failure is one in respect of which a director is required by that regulation to issue a notice under subsection (2) and the regulation sets a specific amount for the penalty; (c) shall be within the range of amounts specified in the regulation made under subsection (16), if the contravention or failure is one in respect of which a director is required by that regulation to issue a notice under subsection (2) and the regulation sets a range of amounts for the penalty.  2001, c. 20, s. 41 (4). Contents of notice (5) The notice of an administrative penalty served on the person who is required to pay the penalty shall, (a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure; (b) specify the amount of the penalty determined by the director in accordance with the regulations under subsection (16); (c) give particulars respecting the time for paying the penalty and the manner of payment; and (d) provide information to the person as to the person’s right to require the director who issued the notice to hold a hearing of the matter under subsection (6).  2001, c. 20, s. 41 (5). Right to hearing (6) The person who is required by a notice to pay an administrative penalty may, within the prescribed time after service of the notice on the person, by a written notice served on the director who issued the notice, require the director to hold a hearing with respect to, (a) whether the contravention or failure to which the notice relates occurred; and (b) whether the amount of the penalty is justified in the circumstances, if a regulation made under subsection (16) does not set out a specific amount for the penalty.  2001, c. 20, s. 41 (6). Stay (7) If the person requests a hearing by the director, the requirement to pay is stayed until the disposition of the matter.  2001, c. 20, s. 41 (7). Director’s decision (8) After the hearing, the director may confirm, rescind or amend the notice according to what he or she considers reasonable in the circumstances, but the director shall not vary the amount of the penalty unless he or she considers the amount to be unreasonable.  2001, c. 20, s. 41 (8). Regulations (9) For greater certainty, the regulations made under subsection (16) apply to the director’s decisions under subsection (8).  2001, c. 20, s. 41 (9). Appeal to Tribunal (10) The person who is required by the director’s decision to pay an administrative penalty may appeal the director’s decision to the Tribunal by serving a written notice on the director and the Tribunal within the prescribed time after service of the notice of the director’s decision on the person, in which case the decision is stayed until the disposition of the matter.  2001, c. 20, s. 41 (10). Application of other subsections (11) Subsections (8) and (9) apply to the appeal except that references in those subsections to the director shall be read as references to the Tribunal.  2001, c. 20, s. 41 (11). No offence if penalty is paid (12) If the person who is required by the notice, the director’s decision or the Tribunal’s decision to pay the administrative penalty pays it in accordance with the notice, the director’s decision or the Tribunal’s decision, as the case may be, the person shall not be charged with an offence in respect of the contravention or failure to which the penalty relates.  2001, c. 20, s. 41 (12). Failure to pay (13) If the person who is required by the notice, the director’s decision or the Tribunal’s decision to pay the administrative penalty does not pay it in accordance with the notice, the director’s decision or the Tribunal’s decision, as the case may be, (a) the Minister may bring an action in a court of competent jurisdiction to recover the penalty imposed under this section and the court shall, (i) determine whether the person is liable to the penalty, and (ii) if the person is liable to the penalty, give judgment for the amount of the penalty imposed by the Minister or whatever other amount that the court considers just; (b) the director may by order suspend any licence, certificate or permit that has been issued to the person until the penalty is paid; or (c) the director may refuse to issue or renew any licence, certificate or permit to the person until the penalty is paid.  2001, c. 20, s. 41 (13). Regulations (14) For greater certainty, the regulations made under subsection (16) apply to the determinations made by a court under clause (13) (a).  2001, c. 20, s. 41 (14). Interest (15) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (13) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.  2001, c. 20, s. 41 (15). Regulations (16) The Minister may make regulations, (a) specifying the form and content of notices of administrative penalties; (b) specifying persons or classes of persons to whom a director shall not issue a notice under this section; (c) specifying the types of contraventions or failures in respect of which and the circumstances in which a director shall not issue a notice under subsection (1); (d) governing the determination of the amount for the administrative penalty that must be set out in a notice issued under subsection (1) or (2), including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid; (e) specifying contraventions or failures or classes of contraventions or failures in respect of which a director is required to issue a notice under subsection (2); (f) setting a specific amount or a range of amounts for the administrative penalty that must be set out in a notice that a director is required to issue under subsection (2); (g) requiring that a person, who is required to pay the administrative penalties specified in the regulations in respect of designated legislation as defined in section 47, shall pay them to the delegate as defined in that section to whom the administration and enforcement of the designated legislation is delegated; (h) specifying the purposes for which the delegate described in clause (g) may use the administrative penalties described in that clause and requiring that the delegate pay all amounts that are not required for the specified purposes to the Minister or a separate account in the Consolidated Revenue Fund established by a regulation made under clause 53 (m); (i) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.  2001, c. 20, s. 41 (16).