77 (1) The purpose of an administrative penalty imposed under this section is, (a)  to ensure compliance with prescribed provisions of this Act and the regulations; or (b)  to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening the prescribed provisions. Order imposing administrative penalties (2) If the Minister is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the Minister may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. Maximum administrative penalty (3) An administrative penalty shall not exceed a maximum of $500,000 or such lesser amount as may be prescribed. Limits on administrative penalty (4) Despite the maximum administrative penalty set out in subsection (3), if the administrative penalty is with respect to a contravention or failure to comply that constitutes an offence, the amount of an administrative penalty shall not exceed the maximum fine that would be applicable to the person for the offence. Administrative penalty may be imposed with other measures (5) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction. Limitation (6) An administrative penalty may only be imposed within the prescribed time period. No right to be heard (7) There is no right to be heard before an order imposing an administrative penalty is made. Right to review (8) A person who receives an order imposing an administrative penalty may request a prescribed individual to review the order by applying to the prescribed individual for a review in a form approved by the Minister, (a)  within a prescribed number of days after the order is served; or (b)  within a longer period specified by the prescribed individual, if the prescribed individual considers it appropriate in the circumstances to extend the time for applying. If no review requested (9) If a person who has received an order imposing an administrative penalty does not apply for a review under subsection (8), the person shall pay the penalty within 30 days after the day the order was served. If review requested (10) If a person who has received an order imposing an administrative penalty applies for a review under subsection (8), the prescribed individual shall conduct the review in accordance with the regulations. Stay of order (11) A review commenced under subsection (8) operates as a stay of the order until the matter is finally disposed of. Prescribed individual’s decision (12) On a review, the prescribed individual may, (a)  find that the person did not contravene the provision of this Act or the regulations specified in the order, and rescind the order; (b)  find that the person did contravene the provision of this Act or the regulations specified in the order and affirm the order; or (c)  find that the person did contravene the provision but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and in that case the prescribed individual shall amend the order by reducing the amount of the penalty. Decision final (13) The prescribed individual’s decision is final. Payment after review (14) If the prescribed individual finds under clause (12) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order, the person shall pay the penalty required by the prescribed individual within 30 days after the day the decision was made. Enforcement of administrative penalty (15) If the person fails to pay the administrative penalty within the time required, the order or the prescribed individual’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court. Postjudgment interest (16) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (15) and the date on which the order or decision is filed under subsection (15) is deemed to be the date of the order that is referred to in section 129 of the
Courts of Justice Act. Part IX   Offences Offences