156 (1) The Director may order a licensee to retain, at the licensee’s expense, one or more persons acceptable to the Director to manage or assist in managing the long-term care home. 2007, c. 8, s. 156 (1). Grounds (2) An order may be made under this section if, (a) the licensee has not complied with a requirement under this Act; and (b) there are reasonable grounds to believe that the licensee cannot or will not properly manage the long-term care home, or cannot do so without assistance. 2007, c. 8, s. 156 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 25, Sched. 5, s. 37) Notice of administrative penalty 156.1 (1) An inspector or the Director may issue a notice in writing requiring a licensee to pay an administrative penalty in the amount set out in the notice if the inspector or Director is of the opinion that the licensee has not complied with a requirement under this Act. 2017, c. 25, Sched. 5, s. 37. Purpose of administrative penalty (2) A notice of administrative penalty may be issued under this section for the purpose of, (a) encouraging compliance with a requirement under this Act; or (b) preventing a licensee from deriving, directly or indirectly, any economic benefit as a result of not complying with a requirement under this Act. 2017, c. 25, Sched. 5, s. 37. Amount of administrative penalty (3) Subject to subsections (4) and (5), the amount of an administrative penalty in respect of a failure to comply, (a) shall not exceed $100,000; (b) shall be determined by the inspector or Director in accordance with the regulations; and (c) shall reflect the purpose referred to in subsection (2). 2017, c. 25, Sched. 5, s. 37. Same, reduction (4) The inspector or Director shall reduce the amount of an administrative penalty determined under clause (3) (b) if the inspector or Director determines that the amount is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances. 2017, c. 25, Sched. 5, s. 37. Same, considerations (5) In determining the amount of an administrative penalty under clause (3) (b), the inspector or Director may consider whether an order has been previously made under section 153 or 154 in respect of the licensee not complying with the same requirement under this Act, including an order made before this section came into force. 2017, c. 25, Sched. 5, s. 37. Two-year limitation (6) A notice of administrative penalty shall not be issued under this section more than two years after the day the most recent failure to comply on which the notice is based first came to the knowledge of an inspector or Director. 2017, c. 25, Sched. 5, s. 37. Payment to Minister of Finance (7) A licensee who is required to pay an administrative penalty under this Act shall pay the penalty to the Minister of Finance. 2017, c. 25, Sched. 5, s. 37. Enforcement of administrative penalty (8) Subject to subsection (9), if a licensee who is required to pay an administrative penalty fails to pay it within the time specified in the notice, a copy of any of the following may be filed with a local registrar of the Superior Court of Justice and on filing is deemed to be an order of that court and is enforceable as an order of that court: 1. A notice of administrative penalty under subsection (1). 2. A decision of the Director under subsections 163 (6) or (7). 3. A decision of the Appeal Board under subsection 169 (2). 2017, c. 25, Sched. 5, s. 37. Same (9) The notice of administrative penalty or decision filed under subsection (8) may only be filed upon the expiry of the period for reviewing the notice under subsection 163 (2) or appealing the notice or decision under sections 165 or 170, as the case may be. 2017, c. 25, Sched. 5, s. 37. Post-judgment interest (10) Section 129 of the Courts of Justice Act applies in respect of a notice of administrative penalty or decision filed with the Superior Court of Justice under subsection (8) and, for the purpose, the date on which the notice of administrative penalty or decision is filed under subsection (8) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2017, c. 25, Sched. 5, s. 37. Crown debt (11) An administrative penalty issued under this Act that is not paid within the time set out in the notice of administrative penalty is a debt due to the Crown and enforceable as such. 2017, c. 25, Sched. 5, s. 37. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 37 - not in force