39 (1) A director or inspector may issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if the director or inspector is of the opinion that the person has contravened this Act or the regulations. Purpose of administrative penalty (2) A notice of administrative penalty may be issued under this section for the purpose of, (a)  encouraging compliance with this Act and the regulations; or (b)  preventing a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations. Amount of administrative penalty (3) Subject to subsection (4), the amount of an administrative penalty in respect of a contravention, (a)  shall not exceed $100,000; (b)  shall be determined by the director or inspector in accordance with the regulations; and (c)  shall reflect the purpose referred to in subsection (2). Same, reduction (4) The director or inspector shall reduce the amount of an administrative penalty determined under clause (3) (b) if he or she determines that the amount is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances. One-year limitation (5) A notice of administrative penalty shall not be issued under this section more than one year after the day the most recent contravention on which the notice is based first came to the knowledge of a director or inspector. Content of notice of administrative penalty (6) A notice of administrative penalty shall, (a)  contain or be accompanied by information setting out the nature of the contravention including, if relevant, the date on which and location where the contravention occurred; (b)  set out the amount of the penalty to be paid and specify the time and manner of the payment; and (c)  inform the person of his, her or its right to request a review of the notice by a designated senior employee. Right to review (7) A person who receives a notice of administrative penalty may require a designated senior employee to review the notice by applying to the designated senior employee for a review in a form approved by the Minister, (a)  within 15 days after the notice is served; or (b)  within a longer period specified by the designated senior employee, if he or she considers it appropriate in the circumstances to extend the time for applying. If no review requested (8) If a person who has received a notice of administrative penalty does not apply for a review under subsection (7), the person shall pay the penalty within 30 days after the day the notice was served. If review requested (9) If a person who has received a notice of administrative penalty applies for a review under subsection (7), the designated senior employee shall conduct the review in accordance with the regulations. Notice to parents, etc. (10) Within 30 days after serving a notice of administrative penalty, a director shall, (a)  post a summary of the notice of administrative penalty, in a manner approved by the Minister, at the premises where the child care is provided; or (b)  provide a summary of the notice of administrative penalty to the parents of the children for whom the care is provided. Removal of posted notice (11) No person, other than a director or inspector, shall remove a notice posted under clause (10) (a) unless the person is authorized to do so by a director or inspector or the circumstances prescribed by the regulations exist. Designated senior employee’s decision (12) Upon a review, the designated senior employee may, (a)  find that the person did not contravene the provision of this Act or regulations specified in the notice of administrative penalty, and rescind the notice; (b)  find that the person did contravene the provision of this Act or regulations specified in the notice of administrative penalty and affirm the notice; 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 employee shall amend the notice by reducing the amount of the penalty. Decision final (13) The designated senior employee’s decision is final. Non-application of SPPA (14) The Statutory Powers Procedure Act does not apply to a decision made under subsection (4) or to a review conducted under subsection (9). Payment after review (15) If the designated senior employee finds under clause (12) (b) or (c) that a person has contravened the provision of this Act or regulations specified in the notice of administrative penalty, the person shall pay the penalty required by the designated senior employee within 30 days after the day the decision was made. Payment to Minister of Finance (16) A person who is required to pay an administrative penalty under this section shall pay the penalty to the Minister of Finance.