113 (1) If an employment standards officer believes that a person has contravened a provision of this Act, the officer may issue a notice to the person setting out the officer’s belief and specifying the amount of the penalty for the contravention. 2017, c. 22, Sched. 1, s. 59 (1). Amount of penalty (1.1) The amount of the penalty shall be determined in accordance with the regulations. 2017, c. 22, Sched. 1, s. 59 (1). Penalty within range (1.2) If a range has been prescribed as the penalty for a contravention, the employment standards officer shall determine the amount of the penalty in accordance with the prescribed criteria, if any. 2017, c. 22, Sched. 1, s. 59 (1). Information (2) The notice shall contain or be accompanied by information setting out the nature of the contravention.  2000, c. 41, s. 113 (2). Service (3) A notice issued under this section shall be served on the person in accordance with section 95.  2009, c. 9, s. 14 (1). (4) Repealed:  2009, c. 9, s. 14 (1). Deemed contravention (5) The person shall be deemed to have contravened the provision set out in the notice if, (a)  the person fails to apply to the Board for a review of the notice within the period set out in subsection 122 (1); or (b)  the person applies to the Board for a review of the notice and the Board finds that the person contravened the provision set out in the notice.  2001, c. 9, Sched. I, s. 1 (23). Penalty (6) A person who is deemed to have contravened this Act shall pay to the Minister of Finance the penalty for the deemed contravention and the amount of any collector’s fees and disbursements added to the amount under subsection 128 (2).  2001, c. 9, Sched. I, s. 1 (23). Same (6.1) The payment under subsection (6) shall be made within 30 days after the day the notice of contravention was served or, if the notice of contravention is appealed, within 30 days after the Board finds that there was a contravention.  2001, c. 9, Sched. I, s. 1 (23); 2002, c. 18, Sched. J, s. 3 (29). Publication re notice of contraventions (6.2) If a person, including an individual, is deemed under subsection (5) to have contravened this Act after being issued a notice of contravention, the Director may publish or otherwise make available to the general public the name of the person, a description of the deemed contravention, the date of the deemed contravention and the penalty for the deemed contravention. 2017, c. 22, Sched. 1, s. 59 (2). Internet publication (6.3) Authority to publish under subsection (6.2) includes authority to publish on the Internet. 2017, c. 22, Sched. 1, s. 59 (2). Disclosure (6.4) Any disclosure made under subsection (6.2) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. 2017, c. 22, Sched. 1, s. 59 (2). Other means not a bar (7) An employment standards officer may issue a notice to a person under this section even though an order has been or may be issued against the person under section 74.14, 74.16, 74.17, 74.19, 103, 104 or 108 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention.  2000, c. 41, s. 113 (7); 2009, c. 9, s. 14 (2); 2021, c. 35, Sched. 2, s. 26. Trade union (8) This section does not apply with respect to a contravention of this Act with respect to an employee who is represented by a trade union.  2000, c. 41, s. 113 (8). Director (9) This section does not apply with respect to a contravention of this Act by a director or officer of an employer that is a corporation.  2000, c. 41, s. 113 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (23) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (29) - 26/11/2002 2009, c. 9, s. 14 (1, 2) - 6/11/2009 2017, c. 22, Sched. 1, s. 59 (1, 2) - 01/01/2018 2021, c. 35, Sched. 2, s. 26 - 01/07/2023 Limitation Period