57 (1) An administrative penalty may be imposed under this section for one or more of the following purposes: 1. To ensure compliance with this Act and the regulations. 2. To prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or of the regulations. Order by Director (2) The Director may, subject to the regulations, make an order requiring a person described in subsection (4) to pay an administrative penalty if the Director is of the opinion that the person has contravened or failed to comply with a provision of this Act or the regulations, an order under this section or an agreement under subsection (12). Exception re duty to submit emission allowances and credits (3) Subsection (2) does not apply with respect to a failure to comply with section 14. Scope of order (4) An order under subsection (2) may be made against only such persons as may be designated by regulation, in relation to only such provisions, orders and agreements as may be designated by regulation or only in such circumstances as may be prescribed. Limitation (5) An order under subsection (2) shall be served not later than one year after the later of the following dates: 1. The date the contravention occurred. 2. The date on which the evidence of the contravention first came to the attention of the Director or provincial officer. Orders not to be issued to directors, officers, employees or agents (6) If a person who is required to comply with a provision of this Act or of the regulations is a corporation, an order under subsection (2) shall be issued to the corporation and not to a director, officer, employee or agent of the corporation. Amount of penalty (7) The amount of the administrative penalty shall be determined in accordance with the regulations. Maximum penalty (8) The amount of the administrative penalty shall not exceed $1 million. Contents (9) An order under subsection (2) shall be served on the person who is required to pay the penalty and shall, (a) contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (b) specify the amount of the penalty; (c) give particulars respecting the time for paying the penalty and the manner of payment; and (d) provide details of the person’s rights under section 60 (hearings by the Environmental Review Tribunal). Absolute liability (10) A requirement that a person pay an administrative penalty applies even if, (a) the person took all reasonable steps to prevent the contravention; 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. Same (11) For greater certainty, nothing in subsection (10) affects the prosecution of an offence. Agreements (12) The Director and a person against whom an order may be or has been made under subsection (2) may enter into an agreement that, (a) identifies the contravention in respect of which the order has been made; (b) requires the person against whom the order may be or has been made to take steps specified in the agreement within the time specified in the agreement; and (c) provides that the obligation to pay the administrative penalty may be cancelled in accordance with the regulations or the amount of the penalty may be reduced in accordance with the regulations and in accordance with the circumstances set out in the agreement. Publication of agreements (13) The Ministry shall publish every agreement entered into under subsection (12) in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993. Penalty does not prevent prosecution (14) A person may be charged, prosecuted and convicted of an offence under this Act in respect of a contravention referred to in subsection (2) even if an administrative penalty has been imposed on or paid by the person or another person in respect of the contravention. No admission (15) If a person pays a penalty imposed under subsection (2) in respect of a contravention or enters into an agreement under subsection (12) in respect of the contravention, the payment or agreement is not, for the purposes of any prosecution in respect of the contravention, an admission that the person committed the contravention. Failure to pay, consequences (16) The following consequences arise if a person who is required to pay an administrative penalty imposed under this section fails to comply with the requirement: 1. The Director may, by order, suspend the person’s authority to deal with emission allowances and credits in the person’s cap and trade accounts until the administrative penalty is paid. 2. The Director may, by order, impose such other administrative penalties as may be authorized by regulation. Same (17) It is not an offence to fail to comply with a requirement to pay an administrative penalty imposed under this section. Regulations (18) The Lieutenant Governor in Council may make regulations, (a) specifying the form and content of orders under subsection (2); (b) for the purpose of subsection (4), designating persons, provisions, orders and agreements and prescribing circumstances; (c) requiring and governing public consultation before an agreement is entered into under subsection (12) and, subject to that subsection and to any regulations made under subclause (d) (iii), governing the contents of agreements under that subsection; (d) governing the determination of the amounts of administrative penalties, including, (i) prescribing criteria to be considered by the Director, (ii) providing for different amounts depending on when an administrative penalty is paid, (iii) with respect to agreements under subsection (12), governing the cancellation of the obligation to pay an administrative penalty or the reduction of the amount of an administrative penalty; (e) prescribing circumstances in which a person is not required to pay an administrative penalty; (f) prescribing procedures related to administrative penalties; (g) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.