36 (1) A person is guilty of an offence if the person, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (1) of the Act is amended by adding “other than the administrative authority” after “A person” in the portion before clause (a). (See: 2020, c. 16, Sched. 1, s. 6) (a)  knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations; (b)  fails to comply with an order, direction or other requirement made under this Act; or (c)  contravenes this Act, the regulations or a by-law passed under section 7.  1992, c. 23, s. 36 (1); 1997, c. 30, Sched. B, s. 19; 2002, c. 9, s. 53 (1); 2009, c. 33, Sched. 21, s. 2 (8). Idem (2) Every director or officer of a corporation who knowingly concurs in the furnishing of false information, the failure to comply or the contravention under subsection (1) is guilty of an offence.  1992, c. 23, s. 36 (2). Penalties (3) A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence.  2005, c. 33, s. 1. Corporations (4) If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $500,000 for a first offence and $1,500,000 for a subsequent offence and not as provided in subsection (3).  2005, c. 33, s. 1; 2017, c. 34, Sched. 2, s. 25 (1). Subsequent offence (5) For the purposes of subsections (3) and (4), an offence is a subsequent offence if there has been a previous conviction under this Act.  1992, c. 23, s. 36 (5). Continuing offence (6) Every person who fails to comply with an order made by a chief building official under subsection 14 (1) or clause 15.9 (6) (a) or 15.10.3 (8) (a) is guilty of an offence and on conviction, in addition to the penalties mentioned in subsections (3) and (4), is liable to a fine of not more than $10,000 per day for every day the offence continues after the time given for complying with the order has expired.  1992, c. 23, s. 36 (6); 2002, c. 9, s. 53 (2); 2017, c. 34, Sched. 2, s. 25 (2). Power to restrain (7) If this Act or the regulations are contravened and a conviction is entered, in addition to any other remedy and to any penalty imposed by this Act, the court in which the conviction is entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.  1992, c. 23, s. 36 (7). Limitation period (8) No proceeding under this section shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of, (a)  an officer, where the proceeding is in respect of the enforcement of by-laws passed under section 15.1; or (b)  the chief building official, in any other case.  2009, c. 33, Sched. 21, s. 2 (9). Same (8.1) Subsection (8), as it read immediately before the day subsection 2 (9) of Schedule 21 to the Good Government Act, 2009 comes into force, continues to apply where the subject-matter of the proceeding arose more than one year before that day.  2009, c. 33, Sched. 21, s. 2 (9). Proceeds of fines (9) If an offence under this section has been committed within a municipality, the proceeds of a fine imposed under this section shall be paid to the treasurer of that municipality, and section 2 of the Administration of Justice Act and section 4 of the
Fines and Forfeitures Act do not apply in respect of the fine.  1992, c. 23, s. 36 (9). Same, sewage system offences (10) Despite subsection (9), if an offence under this section concerns the provisions of this Act and the building code related to sewage systems and if it is committed in a municipality or territory without municipal organization that is prescribed under subsection 3.1 (1), the proceeds of a fine imposed under this section shall be paid to the applicable board of health, planning board or conservation authority prescribed under subsection 3.1 (1), and section 2 of the Administration of Justice Act
and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.  2002, c. 9, s. 53 (3). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (17) - no effect - see 2000, c. 26, Sched. K, s. 6 (34) - 06/12/2000; 1997, c. 30, Sched. B, s. 19 - 06/04/1998 2002, c. 9, s. 53 (1, 2) - 01/07/2005; 2002, c. 9, s. 53 (3) - 01/09/2003 2005, c. 33, s. 1 - 15/12/2005 2009, c. 33, Sched. 21, s. 2 (8, 9) - 01/07/2010 2017, c. 34, Sched. 2, s. 25 (1, 2) - 14/12/2017 2020, c. 16, Sched. 1, s. 6 - not in force