PART VII.1 COMPLIANCE
Administrative penalties
112.5 (1) If the Board is satisfied that a person has contravened an enforceable provision, the Board may, subject to the regulations under subsection (5), make an order requiring a person to pay an administrative penalty in the amount set out in the order for each day or part of a day on which the contravention occurred or continues. 2003, c. 3, s. 76. Purpose (1.1) The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations. 2010, c. 8, s. 38 (31). Limitation (2) The Board shall not make an order under subsection (1) in respect of a contravention later than two years after the later of, (a)  the day the contravention occurred; and (b)  the day on which the evidence of the contravention first came to the attention of the Board. 2003, c. 3, s. 76. Amount of penalty, limited (3) An administrative penalty in respect of a contravention shall not exceed $1,000,000 for each day or part of a day on which the contravention occurs or continues. 2003, c. 3, s. 76; 2015, c. 29, s. 18 (1). Limits on administrative penalty (3.1) Despite the maximum administrative penalty set out in subsection (3), but subject to subsection (3.2), the amount of an administrative penalty set by the Board pursuant to subsection (3) may not exceed the maximum fine applicable to the person under section 126 for the contravention had a proceeding been commenced under that section. 2015, c. 29, s. 18 (2). Increasing administrative penalty by amount of monetary benefit (3.2) Despite anything else in this section, the Board may increase the administrative penalty that the person is required to pay by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as result of the contravention. 2015, c. 29, s. 18 (2). No offence to be charged if penalty is paid (4) If a person who is required by an order under subsection (1) to pay an administrative penalty in respect of a contravention pays the amount of the penalty in accordance with the order, the person shall not be charged with an offence in respect of the contravention. 2003, c. 3, s. 76. Regulations (5) The Lieutenant Governor in Council may make regulations, (a)  specifying types of contraventions in respect of which an order may not be made under this section and circumstances when the Board shall not make an order under this section; (b)  governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid; (c)  respecting any other matter necessary for the administration of the system of administrative penalties provided for by this section. 2003, c. 3, s. 76. General or particular (6) A regulation under subsection (5) may be general or particular in its application. 2003, c. 3, s. 76. Application (7) Subject to subsection (8), this section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Same (8) This section does not apply to a contravention that occurred before this section came into force unless, at the time it occurred, section 125.2 was in force and a notice could have been issued in respect of the contravention under that section. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (31) - 01/01/2011 2015, c. 29, s. 18 (1, 2) - 04/03/2016