40 (1) A director may, subject to the regulations, issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if, (a) the 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 made under this Act or has failed to comply with a condition of a licence, certificate, registration or permit; and (b) the contravention or failure is not one in respect of which an inspector is authorized by the regulations to issue a notice requiring the person to pay an administrative penalty.  2009, c. 31, s. 40 (1). Same, inspector (2) An inspector shall, subject to the regulations, issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if, (a) the inspector is of the opinion that the person has contravened a provision of this Act or the regulations, has failed to comply with an order made under this Act or has failed to comply with a condition of a licence, certificate, registration or permit; (b) the inspector believes that the contravention or failure warrants more than a warning; and (c) the contravention or failure is one in respect of which an inspector is authorized by the regulations to issue a notice requiring the person to pay an administrative penalty.  2009, c. 31, s. 40 (2). Limitation (3) A director or inspector 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 on which the director or inspector knew the contravention or failure had occurred; and (b) the day on which the director or inspector ought to have known of the contravention or failure.  2009, c. 31, s. 40 (3). Amount of penalty (4) The amount of an administrative penalty in respect of a contravention or failure, (a) shall not exceed $10,000, if the contravention or failure is one in respect of which a director may issue a notice under subsection (1); and (b) shall be the amount, not to exceed $1,000, prescribed by the regulations, if the contravention or failure is one in respect of which an inspector is authorized by the regulations to issue a notice under subsection (2).  2009, c. 31, s. 40 (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, (i) with respect to a notice under subsection (1), determined by the director in accordance with the regulations, or (ii) with respect to a notice under subsection (2), specified by the regulations; (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 request, (i) with respect to a notice under subsection (1), the Tribunal to hold a hearing of the matter under subsection (6), (ii) with respect to a notice under subsection (2), the director to hold a hearing of the matter under subsection (7).  2009, c. 31, s. 40 (5). Right to hearing re subs. (1) (6) The person who is required by a notice issued under subsection (1) to pay an administrative penalty may, within the prescribed time after service of the notice, by written notice served on the director who issued the notice request that the Tribunal 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 the regulations do not set out a specific amount for the penalty.  2009, c. 31, s. 40 (6). Review, re subs. (2) (7) The person who is required by a notice issued under subsection (2) to pay an administrative penalty may, within the prescribed time after service of the notice, by written notice served on the inspector who issued the notice, request that a director review whether the contravention or failure to which the notice relates occurred.  2009, c. 31, s. 40 (7). Stay (8) If the person requests a hearing under subsection (6) or a review under subsection (7), the requirement to pay is stayed until the disposition of the matter.  2009, c. 31, s. 40 (8). Tribunal’s decision (9) After a hearing, the Tribunal may confirm, rescind or amend the notice issued under subsection (1) according to what it considers reasonable in the circumstances, but the Tribunal shall not vary the amount of the penalty unless it considers the amount to be unreasonable.  2009, c. 31, s. 40 (9). Regulations (10) For greater certainty, the regulations made under subsection 63 (9) apply to the Tribunal’s decisions under subsection (9), including the determination of the amount for the administrative penalty, if the Tribunal’s decision is to vary the amount of the penalty.  2009, c. 31, s. 40 (10). Director’s decision (11) After a review, the director may confirm, rescind or amend the notice issued under subsection (2) according to what he or she considers reasonable in the circumstances, but the director shall not vary the amount of the penalty specified in the regulations unless the decision is to rescind the notice and the amount payable is nil.  2009, c. 31, s. 40 (11). Same (12) If the director rescinds the notice, he or she may instead issue a warning.  2009, c. 31, s. 40 (12). Regulations (13) For greater certainty, the regulations made under subsection 63 (9) apply to the director’s decisions under subsection (11).  2009, c. 31, s. 40 (13). Appeal (14) Any party to the hearing before the Tribunal may appeal from the decision of the Tribunal to the Divisional Court in accordance with the rules of court.  2009, c. 31, s. 40 (14). No offence if penalty is paid (15) A person shall not be charged with an offence in respect of a contravention or failure to which a penalty applies, if the person who is required to pay the administrative penalty pays it in accordance with the notice or the decision of the Tribunal or director, as applicable.  2009, c. 31, s. 40 (15). Failure to pay (16) If the person who is required to pay an administrative penalty does not pay it in accordance with the notice or the decision of the Tribunal or director, as applicable, (a) the notice or decision may be filed with a local registrar of the Superior Court of Justice and the notice or decision may be enforced as if it were an order of the court; (b) the director may suspend any licence, certificate, registration or permit that has been issued under this Act to the person until the penalty is paid; and (c) the director may refuse to issue or renew any licence, certificate, registration or permit to the person until the penalty is paid.  2009, c. 31, s. 40 (16). Interest (17) Section 129 (postjudgment interest) of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (16) and, for that purpose, the date on which the notice or decision is filed is deemed to be the date of the order.  2009, c. 31, s. 40 (17). Recovery of money (18) A debt resulting from the failure to pay an administrative penalty is, for all purposes, a debt due to the Crown in right of Ontario and may be recovered by any remedy or other procedure available to the Crown by law.  2009, c. 31, s. 40 (18). Investigations