76 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations made by the Minister if the assessor is satisfied that the person has contravened or is contravening, (a)  a prescribed provision of this Act or the regulations; (b)  a condition of a licence, if the person is the licensee; (c)  a prescribed provision of the Ontario New Home Warranties Plan Act or the regulations or the by-laws of the warranty authority made under it; or (d)  a prescribed provision of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under it. 2022, c. 21, Sched. 5, s. 7. Clarification re code of ethics (2) For greater certainty, provisions of the code of ethics established under clause 84 (1) (f) may be prescribed for the purpose of subsection (1). 2022, c. 21, Sched. 5, s. 7. To whom payable (3) An administrative penalty is payable to the regulatory authority. 2022, c. 21, Sched. 5, s. 7. Purpose (4) An administrative penalty may be imposed under this section for one or more of the following purposes: 1.  To ensure compliance with the Acts, regulations and by-laws referred to in subsection (1) and the conditions of a licence. 2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening the Acts, regulations or by-laws referred to in subsection (1) or the conditions of a licence. 2022, c. 21, Sched. 5, s. 7. Amount (5) Subject to subsection (6), the amount of an administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations made by the Minister, but the amount of the penalty shall not exceed $50,000. 2022, c. 21, Sched. 5, s. 7. Same, monetary benefit (6) The total amount of the administrative penalty referred to in subsection (5) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the contravention. 2022, c. 21, Sched. 5, s. 7. Form of order (7) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the registrar determines. 2022, c. 21, Sched. 5, s. 7. Service of order (8) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the registrar determines. 2022, c. 21, Sched. 5, s. 7. Absolute liability (9) 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. 2022, c. 21, Sched. 5, s. 7. No effect on offences (10) For greater certainty, nothing in subsection (9) affects the prosecution of an offence. 2022, c. 21, Sched. 5, s. 7. Other measures (11) Subject to section 78, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by the Acts, regulations or by-laws referred to in subsection (1), including the application of conditions to a licence by the registrar, the suspension, immediate suspension or revocation of a licence or the refusal to renew a licence. 2022, c. 21, Sched. 5, s. 7. Limitation (12) An order may not be made under subsection (1) more than two years after the day any assessor became aware of the contravention on which the order is based. 2022, c. 21, Sched. 5, s. 7. No hearing required (13) Subject to the regulations made by the Minister, an assessor 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. 2022, c. 21, Sched. 5, s. 7. Non-application of other Act (14) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1). 2022, c. 21, Sched. 5, s. 7. Transition — pre-commencement transition period (15) A regulation made under subclause 84 (1) (h) (0.i) and filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006 on or before the last day of the pre-commencement transition period may prescribe a provision for the purpose of subsection (1) for all or part of the pre-commencement transition period and, for greater certainty, an assessor may impose an administrative penalty under subsection (1) for a contravention that occurred during that period. 2022, c. 21, Sched. 5, s. 7. Same (16) In subsection (15), “pre-commencement transition period” means the period starting on April 14, 2022 and ending on the day before section 7 of Schedule 5 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 5, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 17 - no effect - see 2022, c. 12, Sched. 3, s. 7 - 14/04/2022 2022, c. 12, Sched. 3, s. 5 (1, 2) - no effect - see 2022, c. 21, Sched. 5, s. 10 - 28/11/2022; 2022, c. 21, Sched. 5, s. 6 - 28/11/2022; 2022, c. 21, Sched. 5, s. 7 - 01/02/2023