Initial penalty amount
 3. (1) The Registrar or Deputy Registrar shall determine the initial penalty amount in accordance with the following rules:  1. The initial penalty amount for a contravention of a provision set out in Column 1 of Table 1 (Initial Penalty Amount for Contraventions with Fixed Initial Penalty Amount) to this section is the amount set out in Column 3 of Table 1 opposite the description of the contravention set out in Column 2 of Table 1. 2. The initial penalty amount for a contravention of a provision set out in Column 1 of Table 2 (Maximum Amount of Administrative Penalty for Non-continuing Contraventions) to this section is the amount determined by the Registrar or Deputy Registrar after considering the factors set out in subsection (2), but the amount shall not exceed the amount set out in Column 3 of Table 2 opposite the description of the contravention set out in Column 2 of Table 2. 3. In determining the initial penalty amount for a contravention of a provision set out in Column 1 of Table 3 (Maximum Amount of Administrative Penalty per Day for Continuing Contraventions) to this section, the Registrar or Deputy Registrar shall, i. after considering the factors set out in subsection (2), determine a daily amount of the penalty that does not exceed the amount set out in Column 3 of Table 3 opposite the description of the contravention set out in Column 2 of Table 3, ii. multiply the daily amount by the number of full or partial days for which the contravention continued before it was remedied, and iii. if the amount determined under subparagraph ii exceeds the maximum amount set out in paragraph 4 or 5, as the case may be, reduce the amount to the maximum. 4. The maximum initial penalty amount for a contravention of a provision set out in Column 1 of Table 3 to this section is, i. $45,000, for a contravention for which the maximum amount of the administrative penalty per day set out in Column 3 of Table 3 is $1,500, or ii. $225,000 for a contravention for which the maximum amount of the administrative penalty per day set out in Column 3 of Table 3 is $7,500. 5. Despite paragraph 4, if an administrative penalty or penalties have been previously imposed by order under subsection 56 (2) of the Act with respect to a contravention of a provision set out in Column 1 of Table 3 to this section arising out of the same facts as set out in the notice under subsection 2 (1), the maximum initial penalty for the contravention shall not exceed the difference between the relevant maximum initial penalty for the contravention set out in paragraph 4, based on the maximum amount of the administrative penalty per day for the contravention, and the amount of any administrative penalty or penalties previously imposed with respect to the contravention. (2) The following are the factors mentioned in subsection (1): 1. The contravention’s impact, if any, on the Authority’s ability to carry out its objects. 2. The contravention’s impact, if any, on an industry funding organization’s operation of the waste diversion program for which it is designated. 3. Any previous contraventions of the Act or the regulations, or of the Resource Recovery and Circular Economy Act, 2016 or its regulations, that resulted in convictions under either Act or in orders imposed under subsection 56 (2) of the Act or subsection 86 (1) or 89 (2) of the Resource Recovery and Circular Economy Act, 2016 in the three years preceding the contravention. 4. Whether the contravention was deliberate. 5. Any economic benefit the person derived from the contravention. (3) For the purposes of paragraph 3 of subsection (1), a contravention to a provision set out in Column 1 of Table 3 to this section that requires a person to do something within a particular time period shall be considered to have been remedied when the person has done it, even if the person has done it after it was required to be done. Table 1   initial penalty amount for contraventions with fixed initial penalty amount  Item   Column 1 Provision Contravened   Column 2 Description of Contravention   Column 3 Initial Penalty Amount 

  1.    clause 30 (1) (a) of the Act    Failure of an industry funding organization to prepare a report in accordance with section 30   $7,500 

  2.   a rule made by an industry funding organization under clause 33 (1) (f) of the Act   Failure of a steward to keep records in accordance with the rules   $5,000 

  3.   clause 40 (a) of the Act   Failure of the person responsible for the operation of an industry stewardship plan to prepare a report on the operation of the plan during the previous year   $7,500 

  4.   clause 69 (3) (a) of the Act   Failure of Brewers Retail Inc. to prepare a report on the operation of its packaging return system   $7,500 

  5.   subsection 2 (3) of Ontario Regulation 388/16 (Stewardship Ontario)   Failure of Stewardship Ontario to maintain on its website a list of members of its board of directors, an indication of whether each member was elected or appointed and when their terms expire   $2,500 

  6.   subsection 3 (9) of Ontario Regulation 389/16 (Waste Electrical and Electronic Equipment)   Failure of Ontario Electronic Stewardship to maintain on its website a list of members of its board of directors, an indication of who appointed each member and when their terms expire   $2,500 

  7.   subsection 3 (10) of Ontario Regulation 390/16 (Used Tires)   Failure of Ontario Tire Stewardship to maintain on its website a list of members of its board of directors, an indication of who appointed each member and when their terms expire   $2,500  Table 2   Maximum amount of administrative penalty for non-continuing contraventions  Item   Column 1 Provision Contravened   Column 2 Description of Contravention   Column 3 Maximum Amount of Penalty  

  1.   subsection 35 (2) of the Act   Failure of an industry funding organization to hold the funds in trust; use of the fund for a purpose not set out in subsection 35 (2) of the Act   $250,000 

  2.   subsection 35 (3) of the Act   Failure of an industry funding organization to pay money into the fund   $25,000  Table 3   Maximum amount of administrative penalty per day for continuing contraventions  Item   Column 1 Provision Contravened   Column 2 Description of Contravention   Column 3 Maximum Amount of Penalty per day 

  1.   subsection 14 (1) of the Act     Failure of an industry funding organization to submit a wind up plan to the Authority    $7,500 

  2.   clause 30 (1) (b) of the Act   Failure of an industry funding organization to provide a copy of the report to the Authority   $1,500 

  3.   clause 30 (1) (b) of the Act   Failure of an industry funding organization to make the report available to the public    $1,500 

  4.   subsection 31 (1) of the Act   Failure of an industry funding organization to provide information to the Authority   $7,500 

  5.   a rule made by an industry funding organization under clause 33 (1) (d) of the Act   Failure of a steward to pay interest or penalties on unpaid fees   $1,500 

  6.   a rule made by an industry funding organization under clause 33 (1) (f) of the Act   Failure of a steward to submit records prescribed by the rules   $1,500 

  7.   a rule made by an industry funding organization under clause 33 (1) (g) of the Act   Failure of a steward to provide reports and other information    $1,500 

  8.   subsection 33 (8) of the Act   Failure of an industry funding organization to ensure that a rule is available to the public without charge on the Internet   $1,500 

  9.   subsection 34 (1) of the Act   Failure of a steward to pay the fees in accordance with the rules made by an industry funding organization under section 33 of the Act or the regulations made under subsection 73 (3) of the Act   $7,500 

  10.   clause 40 (b) of the Act   Failure of the person responsible for the operation of an industry stewardship plan to submit a copy of the report to the Authority   $1,500 

  11.   clause 40 (b) of the Act   Failure of the person responsible for the operation of an industry stewardship plan to make the report available to the public   $1,500 

  12.   subsection 41 (2) of the Act   Failure of the person responsible for the operation of an industry stewardship plan to pay a fee established under subsection 41 (1) of the Act   $1,500 

  13.   subsection 49 (1) of the Act   Failure of a person described in subsection 49 (1) of the Act to respond to a reasonable inquiry   $7,500 

  14.   subsection 49 (3) of the Act   Failure of a person described in subsection 49 (1) of the Act to produce a document or data   $7,500 

  15.   clause 69 (3) (b) of the Act   Failure of Brewers Retail Inc. to provide a copy of the report to the Authority   $1,500 

  16.   clause 69 (3) (b) of the Act   Failure of Brewers Retail Inc. to make the report available to the public   $1,500 

  17.   subsection 3 (5) of Ontario Regulation 387/16 (Municipal Hazardous or Special Waste)   Failure of Stewardship Ontario to provide a steward written notice at least 30 days before a fee or first instalment is due   $1,500 

  18.   subsection 8 (7) of Ontario Regulation 390/16 (Used Tires)   Failure of Ontario Tire Stewardship to credit or pay a steward any amount owed to the steward as determined under subsection 8 (4) of Ontario Regulation 390/16   $1,500 

  19.   subsection 9 (7) of Ontario Regulation 390/16   Failure of Ontario Tire Stewardship to provide to a steward the notice described in subsection 9 (6) of Ontario Regulation 390/16 before the deadline   $1,500 

  20.   subsection 9 (8) of Ontario Regulation 390/16    Failure of a steward to pay a fee determined under clause 9 (4) (c) of Ontario Regulation 390/16 before the deadline   $1,500 

  21.   subsection 9 (9) of Ontario Regulation 390/16    Failure of Ontario Tire Stewardship to credit or pay a steward any amount owed to the steward as determined under subsection 9 (5) of Ontario Regulation 390/16 before the deadline   $1,500 

  22.   subsection 1 (1) of Ontario Regulation  357/17 (Industry Funding Organizations - Rules That Apply on Winding Up) in respect of subsection 231 (1) of the Corporations Act as modified by subsection 1 (4) of Ontario Regulation 357/17   Failure of an industry funding organization, within 14 days after passing a resolution requiring the voluntary winding up of the organization, to file notice of the resolution with the Minister of Government and Consumer Services, the Minister of the Environment and Climate Change and the Authority and to publish the notice in  The Ontario Gazette    $1,500