104 (1) The Minister may by order require the payment of fees for the inspection of public records maintained under section 103 and may approve the amount of those fees.  2002, c. 30, Sched. A, s. 104 (1). Same (2) Orders made under subsection (1) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 30, Sched. A, s. 104 (2); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following Part: (See: 2020, c. 14, Sched. 3, s. 2) Part X.1   Administrative Penalties Order 104.0.1 (1) If the Director is satisfied that a person has contravened or is contravening a prescribed provision of this Act or the regulations, the Director may, by order, impose an administrative penalty against the person in accordance with this section and the regulations made by the Minister. 2020, c. 14, Sched. 3, s. 2. Purpose (2) 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 from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations. 2020, c. 14, Sched. 3, s. 2. Amount (3) The amount of an administrative penalty shall reflect the purposes of the penalty and shall be the amount prescribed by the Minister, which amount shall not exceed $50,000. 2020, c. 14, Sched. 3, s. 2. Form of order (4) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the Director determines. 2020, c. 14, Sched. 3, s. 2. Absolute liability (5) An order made under subsection (1) imposing an administrative penalty against a person applies even if, (a) the person took all reasonable steps to prevent the contravention on which the order is based; 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. 2020, c. 14, Sched. 3, s. 2. No effect on offences (6) For greater certainty, nothing in subsection (5) affects the prosecution of an offence. 2020, c. 14, Sched. 3, s. 2. Other measures (7) Subject to section 104.0.3, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations. 2020, c. 14, Sched. 3, s. 2. Limitation (8) The Director shall not make an order under subsection (1) more than two years after the day the Director became aware of the person’s contravention on which the order is based. 2020, c. 14, Sched. 3, s. 2. No hearing required (9) Subject to the regulations made by the Minister, the Director is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person. 2020, c. 14, Sched. 3, s. 2. Non-application of other Act (10) The Statutory Powers Procedure Act does not apply to an order of the Director made under subsection (1) of this section. 2020, c. 14, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 2 - not in force Appeal 104.0.2 (1) The person against whom an order made under subsection 104.0.1 (1) imposes an administrative penalty may appeal the order to the person designated under subsection (8) of this section by delivering a written notice of appeal to that person within 15 days after receiving the order. 2020, c. 14, Sched. 3, s. 2. Extension of time for appeal (2) The person designated under subsection (8) may extend the time period for appealing and may determine the circumstances in which extensions are given. 2020, c. 14, Sched. 3, s. 2. Form of notice (3) The notice of appeal shall be in the form that the person designated under subsection (8) determines. 2020, c. 14, Sched. 3, s. 2. Filing of notice (4) The person against whom the order imposing the administrative penalty is made shall file the notice of appeal in the manner that the person designated under subsection (8) determines. 2020, c. 14, Sched. 3, s. 2. Stay (5) An appeal commenced in accordance with subsection (1) operates as a stay of the order until disposition of the appeal. 2020, c. 14, Sched. 3, s. 2. Opportunity for submissions (6) Before disposing of an appeal, the person designated under subsection (8) shall give the person against whom the order imposing the administrative penalty is made a reasonable opportunity to make written submissions. 2020, c. 14, Sched. 3, s. 2. Powers on appeal (7) On an appeal, the person designated under subsection (8) may confirm, revoke or vary the order within the limits, if any, established by the regulations made by the Minister. 2020, c. 14, Sched. 3, s. 2. Designation of person to whom appeals made (8) The Minister shall designate a person to whom appeals may be made under this section. 2020, c. 14, Sched. 3, s. 2. Non-application of other Act (9) The Statutory Powers Procedure Act does not apply to an appeal made under this section. 2020, c. 14, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 2 - not in force Effect of paying penalty 104.0.3 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2020, c. 14, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 2 - not in force Enforcement 104.0.4 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2020, c. 14, Sched. 3, s. 2. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2020, c. 14, Sched. 3, s. 2. Debt due to Crown (3) An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on appeal, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such. 2020, c. 14, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 2 - not in force PART Xi   GENERAL