41.1 (1) The purpose of an administrative penalty issued under this Act is, (a) to ensure compliance with this Act; and (b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non-compliance with this Act. 2019, c. 14, Sched. 8, s. 50. Order by Director, provincial officer (2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulations, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. 2019, c. 14, Sched. 8, s. 50. Prescribed contraventions (3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (a) a provision of this Act or the regulations; (b) a provision of an order under this Act; or (c) a term or condition of a licence or permit under this Act. 2019, c. 14, Sched. 8, s. 50. Limitation (4) An order mentioned in subsection (2) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director. 2019, c. 14, Sched. 8, s. 50. Orders, corporations (5) If the person who has contravened a provision or a term or condition referred to in subsection (3) is a corporation, the order shall not be issued to an employee, officer, director or agent of the corporation unless the circumstances prescribed by the regulations, if any, exist. 2019, c. 14, Sched. 8, s. 50. Amount of penalty (6) The amount of the administrative penalty shall be determined by the Director or the provincial officer, as the case may be, in accordance with the regulations. 2019, c. 14, Sched. 8, s. 50. Total penalty (7) Subject to subsection (8), the total amount of the administrative penalty shall not exceed $100,000 for each contravention. 2019, c. 14, Sched. 8, s. 50. Same, monetary benefit (8) The total amount of the administrative penalty referred to in subsection (7) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the contravention. 2019, c. 14, Sched. 8, s. 50. Contents of order (9) An order mentioned in subsection (2) shall be served on the person who is required to pay the administrative penalty and shall, (a) contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (b) specify the amount of the penalty; (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, (i) a hearing under section 41.3, if the order is issued by the Director, or (ii) a review under section 41.2, if the order is issued by a provincial officer. 2019, c. 14, Sched. 8, s. 50. Absolute liability (10) A requirement that a person pay an administrative penalty applies even if, (a) the person took all reasonable steps to prevent the contravention; or (b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. 2019, c. 14, Sched. 8, s. 50. Payment prevents conviction (11) A person who pays an administrative penalty in respect of a contravention prescribed by the regulations for the purposes of this subsection shall not be convicted of an offence under this Act in respect of the same contravention. 2019, c. 14, Sched. 8, s. 50. Contraventions where conviction not prevented (12) With respect to a contravention, other than a contravention to which subsection (11) applies, a person may be charged, prosecuted and convicted of an offence under this Act in respect of that contravention, regardless of whether the person has paid an administrative penalty in respect of and has remedied that contravention and, for greater certainty, nothing in subsection (10) affects the prosecution of the offence. 2019, c. 14, Sched. 8, s. 50. No admission (13) If a person pays an administrative penalty in respect of a contravention, the payment is not, for the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention. 2019, c. 14, Sched. 8, s. 50. Regulations (14) The Lieutenant Governor in Council may make regulations, (a) specifying the form and content of orders under this section; (b) prescribing circumstances in which a provincial officer is authorized or prohibited from issuing an order under subsection (2); (c) governing the determination of the amounts of administrative penalties, for individuals and for corporations, including providing the maximum amount the Director or a provincial officer, as the case may be, may determine under subsection (6); (d) prescribing circumstances in which a person is not required to pay an administrative penalty; (e) prescribing procedures related to administrative penalties; (f) governing the payment of interest and late payment penalties, including prescribing how the amounts of interest and late payment penalties are determined; (g) respecting any matter necessary for the administration of the system of administrative penalties. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 95 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 22, s. 3 (1, 2) - no effect - see 1998, c. 35, s. 95; 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000 2001, c. 9, Sched. G, s. 7 (12, 13) - no effect - see 1998, c. 35, s. 95 2019, c. 14, Sched. 8, s. 50 - 10/12/2019