45.1 (1) Where the Chief Electoral Officer believes on reasonable grounds that a person or entity has contravened one of the following provisions of this Act, the Chief Electoral Officer may make an order requiring the person or entity to pay an administrative penalty: 1.  Subsection 12.1 (1). 2.  Subsection 14 (1). 3.  Section 18. 4.  Subsection 22 (9). 5.  Section 32. 6.  Subsection 36.1 (1). 7.  Subsections 37 (2) and (3). 8.  Subsections 37.5 (1) and (5). 9.  Subsections 37.10.1 (1) and (2). 10.  Subsection 37.10.2 (1). 11.  Subsections 37.12 (1) and (8). 12.  Subsections 38 (1), (2), (3) and (3.1). 13.  Section 38.1. 14.  Section 41.1. 15.  Section 41.2. 2021, c. 5, Sched. 2, s. 22; 2021, c. 40, Sched. 7, s. 3 (1). Purpose (2) The purpose of an administrative penalty is to promote compliance with this Act and the Election Act. 2021, c. 5, Sched. 2, s. 22. Limitation (3) The Chief Electoral Officer shall not make an order requiring the payment of an administrative penalty more than two years after the date on which the Chief Electoral Officer became aware of the contravention. 2021, c. 5, Sched. 2, s. 22. Payment, etc. (4) An administrative penalty shall be paid into the Consolidated Revenue Fund, and shall be in an amount determined by the Chief Electoral Officer in accordance with this section. 2021, c. 5, Sched. 2, s. 22. Maximum amounts (5) The maximum amount of an administrative penalty under this section shall be determined as follows: 1.  For a contravention of section 18 is an amount equal to twice the amount that was contributed in contravention of that section, plus $1,500, in the case of an individual, and plus $5,000, in the case of a corporation or other entity. 2.  For a contravention of subsection 22 (9), 37 (2) or 37.10.2 (1), $10,000 in the case of an individual, and $100,000 in the case of a corporation or other entity. 3.  For a contravention of subsection 37.5 (1), 37.5 (5) or 37.12 (8), $10,000. 4.  In all other cases, $1,500, in the case of an individual, and $5,000 in the case of a corporation or other entity. 2021, c. 5, Sched. 2, s. 22; 2021, c. 40, Sched. 7, s. 3 (2). Criteria for penalty (6) The amount of an administrative penalty is to be determined taking into account, (a)  the degree of intention or negligence on the part of the person or entity that committed the contravention; (b)  the harm done by the contravention; (c)  whether the person or entity derived any advantage from the contravention; (d)  whether the person or entity made reasonable efforts to mitigate or reverse the contravention’s effects; (e)  whether the person or entity has taken steps to avoid committing the contravention in the future; (f)  whether the person or entity has provided all reasonable assistance to the Chief Electoral Officer with respect to the contravention, including reporting it and providing any relevant information; (g)  the person’s or entity’s history of compliance with the provisions of this Act; (h)  the person’s or entity’s ability to pay the penalty; (i)  any aggravating and mitigating circumstances; and (j)  any other factor that, in the opinion of the Chief Electoral Officer, is relevant. 2021, c. 5, Sched. 2, s. 22. Notice (7) The Chief Electoral Officer may take into account a factor under clause (6) (j) only if a notice that sets out the factor has been published on the website of the Chief Electoral Officer. 2021, c. 5, Sched. 2, s. 22. Consultation (8) Before publishing a notice under subsection (7), the Chief Electoral Officer shall publish for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days on the website of the Chief Electoral Officer. 2021, c. 5, Sched. 2, s. 22. Procedure (9) An order requiring a person or entity to pay an administrative penalty shall be served on the person or entity and shall, (a)  contain a description of the contravention to which the order relates, including the date of the contravention; (b)  specify the amount of the penalty, and warn about the increasing amounts for subsequent contraventions; (c)  give particulars respecting the time for paying the penalty and the manner of payment; and (d)  provide details of the person or entity’s right of appeal. 2021, c. 5, Sched. 2, s. 22. Appeal (10) A person or entity who is served with an order to pay an administrative penalty may appeal the Chief Electoral Officer’s decision by filing an application with the Superior Court of Justice within 30 days from the date the order was served, and the following applies to such an appeal: 1.  The application must be accompanied with a copy of the order and state the reasons for the appeal. 2.  A copy of the application must be served on the Chief Electoral Officer not less than 30 days before the appeal is to be heard. 3.  The Superior Court of Justice may, on application, extend the 30 day period for making an appeal, if it considers it appropriate to do so. 4.  On hearing the appeal, the Superior Court of Justice may confirm, rescind or vary the amount of the administrative penalty. 2021, c. 5, Sched. 2, s. 22. Failure to pay (11) If a person or entity who is required to pay an administrative penalty fails to comply with the requirement, the Chief Electoral Officer may file the order that requires payment with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court. 2021, c. 5, Sched. 2, s. 22. Section Amendments with date in force (d/m/y) 2021, c. 5, Sched. 2, s. 22 - 19/04/2021; 2021, c. 40, Sched. 7, s. 3 (1, 2) - 09/12/2021 Offences