43 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine.  2002, c. 30, Sched. C, s. 43 (1). Liens on personal property (2) If the lien created by the director under subsection (1) relates to personal property, (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c)  the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2002, c. 30, Sched. C, s. 43 (2). Liens and charges on real property (3) If the lien created by the director under subsection (1) relates to real property, the director may register the lien against the property of the person liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property.  2002, c. 30, Sched. C, s. 43 (3). Initiation of sale proceedings prohibited (4) The director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).  2002, c. 30, Sched. C, s. 43 (4). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the director shall ensure that the funds he or she receives as a result of the sale are used to pay the fine.  2002, c. 30, Sched. C, s. 43 (5). Discharge of lien (6) Within 10 days after the director has knowledge of the payment in full of the fine, the director shall, (a)  discharge the registration of any financing statement registered under clause (2) (c); and (b)  register a discharge of a charge created on registration of a lien under subsection (3).  2002, c. 30, Sched. C, s. 43 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following Part: (See: 2020, c. 1, s. 26) Part VI.1   Administrative Penalties Registrar is assessor 43.1 (1) The registrar is, by virtue of the registrar’s office, an assessor. 2020, c. 1, s. 26. Appointment of assessors (2) The registrar shall appoint in writing persons to be assessors who are authorized to make an order under section 43.2 imposing an administrative penalty. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26
- not in force Order for administrative penalty 43.2 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations if the assessor is satisfied that the person has contravened or is contravening, (a)  a prescribed provision of this Act or the regulations; or (b)  a condition of registration, if the person is a registrant. 2020, c. 1, s. 26. To whom payable (2) An administrative penalty is payable to the administrative authority or, if there is no designated administrative authority, to the Minister of Finance, and is a debt due to the person to whom it is payable. 2020, c. 1, s. 26. Purpose (3) An administrative penalty may be imposed under this section for one or more of the following purposes: 1.  To promote compliance with this Act and the regulations. 2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations. 2020, c. 1, s. 26. Amount (4) The amount of an administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations, but the amount of the penalty shall not exceed $25,000. 2020, c. 1, s. 26. Form of order (5) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the registrar determines. 2020, c. 1, s. 26. Service of order (6) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the registrar determines. 2020, c. 1, s. 26. Absolute liability (7) An order made under subsection (1) imposing an administrative penalty against a person applies even if, (a)  the person took all reasonable steps to prevent the contravention on which the order is based; 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. 2020, c. 1, s. 26. No effect on offences (8) For greater certainty, nothing in subsection (7) affects the prosecution of an offence. 2020, c. 1, s. 26. Other measures (9) Subject to section 43.4, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations, including the application of conditions to a registration, the suspension, immediate suspension or revocation of a registration or the refusal to renew a registration. 2020, c. 1, s. 26. Limitation (10) An assessor shall not make an order under subsection (1) more than two years after the day the assessor became aware of the person’s contravention on which the order is based. 2020, c. 1, s. 26. No hearing required (11) Subject to the regulations, an assessor is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person. 2020, c. 1, s. 26. Non-application of other Act (12) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1). 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26
- not in force Appeal 43.3 (1) In this section, “appeal body” means the prescribed person or, if no person is prescribed, the Tribunal. 2020, c. 1, s. 26. Same (2) The person against whom an order made under subsection 43.2 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. 2020, c. 1, s. 26. If no appeal (3) If the person does not appeal the order in accordance with subsection (2), the order is confirmed. 2020, c. 1, s. 26. Hearing (4) If the person appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order and the appeal body may attach conditions to its order. 2020, c. 1, s. 26. Parties (5) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal. 2020, c. 1, s. 26. Non-application of other Act (6) If the appeal body is not the Tribunal, the Statutory Powers Procedure Act does not apply to an appeal under subsection (2). 2020, c. 1, s. 26. Immediate effect (7) Even if the appellant appeals an order of the appeal body, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26
- not in force Effect of paying penalty 43.4 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26
- not in force Enforcement 43.5 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2020, c. 1, s. 26. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2020, c. 1, s. 26. Liens and charges (3) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the director may, by order, create a lien against the property of the person that is liable to pay the penalty. 2020, c. 1, s. 26. Application of s. 43 (4) Subsections 43 (2) to (6) apply to the lien, with necessary modifications, as if it were a lien created by the director under subsection 43 (1) and references to the fine shall be read as references to the administrative penalty. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26
- not in force PART VII   General