Amount of administrative penalty
  6. (1) The Registrar or Deputy Registrar shall determine the final amount of the administrative penalty in accordance with the following rules: 1. In the case of a contravention of a provision set out in Column 1 of Table 2  (Maximum Amount of Administrative Penalty for Non-continuing Contraventions) to section 3, the Registrar or Deputy Registrar shall determine a new initial penalty amount in accordance with section 3 if, on the basis of additional information available to the Registrar or Deputy Registrar when determining the final penalty amount, the Registrar or Deputy Registrar would have determined a different initial penalty amount than the one set out in the notice described in subsection 2 (1). 2. In the case of a contravention of a provision set out in Column 1 of Table 3 (Maximum Amount of Administrative Penalty per Day for Continuing Contraventions) to section 3, the Registrar or Deputy Registrar shall determine a new initial penalty amount in accordance with section 3 if one or both of the following circumstances exist: i. The Registrar or Deputy Registrar, on the basis of additional information available to the Registrar or Deputy Registrar when determining the final penalty amount, would have determined a different initial penalty amount than the one set out in the notice described in subsection 2 (1). ii. The Registrar or Deputy Registrar is of the opinion that the contravention continued after the date of the notice described in subsection 2 (1). 3. The Registrar or Deputy Registrar shall reduce the initial penalty set out in the notice described in subsection 2 (1) or, if the Registrar or Deputy Registrar determined a different amount under paragraph 1 or 2, shall reduce that amount by 25 per cent if the Registrar or Deputy Registrar is of the opinion that the person took reasonable steps to prevent the contravention from occurring. 4. The Registrar or Deputy Registrar shall reduce by 25 per cent the amount determined under paragraph 3 or, if no reduction was made under paragraph 3, the initial penalty amount set out in the notice described in subsection 2 (1) or, if the Registrar or Deputy Registrar determined a different amount under paragraph 1 or 2, that amount if, i. the person has remedied the contravention, and ii. the Registrar or Deputy Registrar is of the opinion that the person has taken reasonable steps to prevent the same contravention from recurring. 5. The Registrar or Deputy Registrar shall increase the penalty amount to the initial penalty set out in the notice described in subsection 2 (1) or, if the Registrar or Deputy Registrar determined a different amount under paragraph 1 or 2, to that amount if, i. the amount has been reduced under paragraph 3 or 4 or both, and ii. the Registrar or Deputy Registrar determines that the amount of the economic benefit that the person derived from the contravention is greater than the amount of the administrative penalty determined in accordance with paragraph 3 or 4. 6.   If, after determining the amount of the administrative penalty in accordance with paragraphs 1 to 5, the Registrar or Deputy Registrar determines that, due to its magnitude, the imposition of the penalty is punitive in nature having regard to all the circumstances, the Registrar or Deputy Registrar shall reduce the amount of the penalty such that the imposition of the administrative penalty would be consistent with the purposes set out in subsection 56 (1) of the Act. (2) In making the determinations under paragraphs 1 to 4 of subsection (1), the Registrar or Deputy Registrar shall consider any information contained in a request received within the timelines described in subsection 4 (2). (3) For the purposes of subparagraph 4 i of subsection (1), a contravention to a provision set out in Column 1 of Table 3 to section 3 that requires a person to do something within a particular time period shall be considered to have been remedied when the person has done it, even if the person has done it after it was required to be done.