Amount of administrative penalty
 83. (1) For the purposes of paragraph 3 of subsection 21 (3), paragraph 2 of subsection 21 (4), subsection 21 (5) and paragraph 2 of subsection 33 (8) of the Act, a director shall determine the amount of the administrative penalty according to the following rules: 1. The director shall determine whether, in his or her opinion, the severity of the impact of the contravention is of a minor, moderate or major nature. 2. The director shall determine the contravention history of the person or organization over the current two reporting cycles period. 3. The director shall determine whether the person or organization is a corporation or an individual or unincorporated organization. 4. Based on the determinations made in accordance with paragraphs 1, 2 and 3, and subject to paragraph 5, the director shall determine the amount of administrative penalty using Schedule 2, in the case of an individual or unincorporated organization, or Schedule 3, in the case of a corporation. 5. In cases where the impact of the contravention is determined to be major and the contravention history of the person or organization is determined to be major, the director may treat the penalty determined in accordance with Schedule 2 or 3 as a daily penalty to a maximum of, i. $100,000, in the case of a corporation, and ii. $50,000, in the case of an individual or unincorporated organization.  O. Reg. 191/11, s. 83 (1). (2) For the purposes of paragraph 1 of subsection (1), the severity of the impact of the contravention shall be determined by ranking the contravention as minor, moderate or major in the following manner: 1. A contravention is minor where it involves the contravention of an administrative requirement. 2. A contravention is moderate where it involves the contravention of a requirement for organizational preparedness. 3. A contravention is major where it involves the contravention of a priority requirement that includes, but is not limited to, a contravention that may pose a health or safety risk to persons with disabilities.  O. Reg. 191/11, s. 83 (2). (3) For the purposes of paragraph 2 of subsection (1), the contravention history of the person or organization shall be determined by ranking it as minor, moderate or major in the following manner: 1. A contravention history is minor where there has been no more than one previous contravention within the current two reporting cycles period. 2. A contravention history is moderate where there has been between two and five previous contraventions within the current two reporting cycles period. 3. A contravention history is major where there has been six or more previous contraventions within the current two reporting cycles period.  O. Reg. 191/11, s. 83 (3). (4) For purposes of this section and subject to subsection (7), the current two reporting cycles period is determined as follows: 1. A reporting cycle corresponds to the cycle within which a person or organization must file an accessibility report under subsection 14 (1) of the Act and begins on the first day the person or organization must file the report and ends on the last day before the next report must be filed. 2. Subject to paragraph 3, the current two reporting cycles period refers to the period that begins on the first day of a reporting cycle (“the first reporting cycle”) and ends on the last day of the next reporting cycle (“the second reporting cycle”). 3. The first reporting cycle in a current two reporting cycles period commences as an odd reporting cycle, as in the first reporting cycle, the third reporting cycle and the fifth reporting cycle, and the second reporting cycle in a current two reporting cycles period commences as an even reporting cycle.  O. Reg. 191/11, s. 83 (4). (5) For purposes of determining contravention history in the current two reporting cycles period, on the first day of the first reporting cycle the contravention history of the person or organization is deemed to be zero and on the first day of every odd reporting cycle after that the contravention history of the person or organization is deemed to be zero.  O. Reg. 191/11, s. 83 (5). (6) If a person or organization filed an accessibility report before July 1, 2011, the two reporting cycles period is calculated from the first day that the person or organization was required to file an accessibility report.  O. Reg. 191/11, s. 83 (6). (7) For persons or organizations that are exempted from the reporting requirements of subsection 14 (1) of the Act, the two reporting cycles period consists of the 12-month period that begins at the earliest of the following and ends at the end of each 12-month period: 1. The first day that a director requests reports or information from the person or organization under section 17 of the Act. 2. The first day that an inspector requires a person or organization to produce a document, record or thing under subsection 19 (5) of the Act. 3. The first day that the person or organization receives or is deemed to have received a notice of order under subsection 22 (1) of the Act.  O. Reg. 191/11, s. 83 (7). (8) For persons or organizations to which subsection (7) applies, their contravention history is deemed to be zero at the end of each 12-month period.  O. Reg. 191/11, s. 83 (8).