jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “base penalty amount” means the amount of the administrative penalty referred to in subsection 76 (5) of the Act; (“montant de la pénalité de base”) “monetary benefit amount” means the amount of the increase referred to in subsection 76 (6) of the Act. (“montant du bénéfice pécuniaire”) Part Ii   General
Administrative penalty orders
 2. An assessor shall make an order imposing an administrative penalty under subsection 76 (1) of the Act only in accordance with this Regulation.
Prescribed provisions
 3. (1) The provisions set out in Column 1 of Tables 1, 2, 3, 4 and 5 of Schedule 1 are prescribed for the purpose of clause 76 (1) (a) of the Act. (2) The provisions set out in Column 1 of Tables 6 and 7 of Schedule 1 are prescribed for the purpose of clause 76 (1) (c) of the Act.
Pre-commencement transition period
 4. (1) For the purposes of subsection 76 (15) of the Act, the provisions prescribed for the purposes of subsection 76 (1) of the Act are prescribed for all of the pre-commencement transition period. (2) Despite subsection (1) of this section, a provision is not prescribed for any part of the period when the provision was not in force. Part IIi   Procedure for making Order
PART III PROCEDURE FOR MAKING ORDER
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Notice of intention to make order
 5. (1) If an assessor intends to make an order imposing an administrative penalty against a person under subsection 76 (1) of the Act, the assessor shall serve upon the person a written notice containing the following information: 1. A statement of the assessor’s intention to make an order and the name of the person against whom the assessor intends to make the order. 2. The provision or condition of a licence that, in the assessor’s opinion, the person has contravened. 3. A description of the contravention, including when it occurred. 4. The proposed administrative penalty amount, including, i. the proposed base penalty amount determined by the assessor in accordance with section 12 and a description of the manner in which it was determined, and ii. the proposed monetary benefit amount determined by the assessor in accordance with section 13, and a description of the calculations, variables and assumptions that led to the determination of that amount. 5. Information about the person’s right to make a request under section 6, including when the request must be made. (2) A notice may apply in respect of one or more contraventions. (3) The assessor may amend a notice after it has been served and shall serve the amended written notice upon the person.
Request to assessor
 6. (1) A person who is served with a notice of an assessor’s intention to make an order in respect of a contravention, or an amendment to a notice, may request, in writing, that the assessor consider any of the following information: 1. Any additional information related to the contravention. 2. Any information relevant to the assessor’s determination of the proposed base penalty amount or the proposed monetary benefit amount. 3. Information about any actions the person has taken to remedy the contravention since it occurred. (2) A request shall be made no later than 15 days after the date on which the notice was served. (3) If an amended notice is served in respect of a contravention, a request in respect of that contravention shall be made no later than 15 days after the date on which the amended notice was served. (4) If a notice or an amended notice applies to more than one contravention, a request may be made in respect of any of the contraventions. (5) A request shall include all information and supporting documentation that the person wants the assessor to consider with respect to the request.
Consideration of request, making of order
 7. (1) After receiving a request from a person under section 6 or after the applicable time periods referred to in subsections 6 (2) and (3) have expired, whichever is earlier, the assessor shall, (a) consider any information contained in a request received; and (b) decide whether or not to make an order to the person in respect of the contravention. (2) If the assessor decides not to make an order to the person in respect of a contravention mentioned in a notice, the assessor shall, in writing, notify the person of the decision. (3) Subsection (2) does not limit an assessor’s ability to make a subsequent notice to the person in respect of the same contravention. (4) If the assessor decides to make an order to the person in respect of a contravention, the assessor shall determine the administrative penalty amount in respect of the contravention in accordance with Part IV and make the order in accordance with section 8.
Making of order
 8. (1) An order imposing an administrative penalty against a person under subsection 76 (1) of the Act shall, (a) specify the provision or condition of a licence that the person has contravened and describe the contravention, including when the contravention occurred; (b) set out the administrative penalty amount in respect of the contravention and, as part of specifying the amount, specify the final base penalty amount, the final monetary benefit amount and any reduction under subsection 14 (3), including, (i) a description of the manner in which the final base penalty amount was determined, (ii) a description of the calculations, variables and assumptions that led to the determination of the final monetary benefit amount, and (iii) a description of the consideration given by the assessor to any request made under section 6; (c) indicate that the administrative penalty must be paid within 30 days after the day the person was served; and (d) provide details of the right of the person against whom the order was made to appeal the order under subsection 77 (2) of the Act. (2) A single order may require a person to pay an administrative penalty in respect of one or more contraventions. (3) If an assessor makes an order in respect of a contravention that has been continuing for two or more consecutive days, the order shall be in respect of the entire period and the assessor shall treat the continuing contravention as a single contravention.
When penalty shall be paid
 9. A person who has been served with an order imposing an administrative penalty against them under subsection 76 (1) of the Act shall pay the administrative penalty within 30 days after the day the person was served.
Service
 10. An order made or a notice or amended notice given under this Part is deemed to have been served, (a) on the day it is given, if it is given by personal service; (b) on the day it is sent by e-mail, if it is sent by e-mail; or (c) on the third day after it is mailed, if it is mailed by registered mail. Part Iv   Determination of Administrative Penalty Amount
PART IV DETERMINATION OF ADMINISTRATIVE PENALTY AMOUNT
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Administrative penalty amount, general
 11. The administrative penalty amount under subsection 76 (1) of the Act in respect of a contravention shall consist of the following, determined in accordance with this Regulation: 1. A base penalty amount. 2. A monetary benefit amount.
Base penalty amount, determination
 12. The base penalty amount in relation to a contravention of a provision or condition of a licence shall be determined by the assessor in accordance with the following rules: 1. The assessor shall consider the following factors: i. The contravention’s impact, if any, on the regulatory authority’s ability to carry out its purposes. ii. The contravention’s impact, if any, on purchasers or owners of new homes or other persons. iii. With respect to the person who carried out the contravention, A. the person’s history, if any, of complying or not complying with the prescribed provisions of this Act or the regulations or the prescribed provisions of the Ontario New Home Warranties Plan Act or the regulations or the by-laws of the warranty authority made under it, and B. if the person is a licensee, the person’s history, if any, of complying or not complying with the conditions of their licence, and C. any information available to the assessor regarding whether the person has remedied the contravention or is in the process of remedying the contravention, and how quickly the contravention was or is being remedied. iv. Any information available to the assessor regarding whether the contravention was deliberate. 2. For a contravention of a provision set out in Column 1 of a Table to Schedule 1, the base penalty amount must not exceed the amount set out opposite the contravention in Column 3 of the applicable Table. 3. For a contravention of a condition of a licence, the base penalty amount must not exceed $25,000.
Monetary benefit amount, determination
 13. The assessor shall consider the following factors when determining the monetary benefit amount that was acquired by or that accrued to the person as a result of the contravention: 1. Costs that the person avoided incurring by failing to comply with the provision or condition of a licence. 2. Costs that the person delayed incurring by delaying compliance with the provision or condition of a licence. 3. Gains that the person accrued or losses that the person avoided by failing to comply with the provision or condition of a licence.
Determination of administrative penalty amount
 14. (1) The assessor shall, when determining the administrative penalty amount to be set out in an order, reapply sections 12 and 13 and redetermine the base penalty amount and the monetary benefit amount if the assessor considers it to be appropriate based on any additional information now available to the assessor that was not available at the time of giving the notice under subsection 5 (1). (2) In making the determinations under subsection (1), the assessor shall consider any information contained in a request received under section 6. (3) After an assessor makes the determinations under subsection (1), a reviewer shall review the assessor’s determinations and if the reviewer determines that the administrative penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, including any other administrative penalty amounts in respect of contraventions under the same order, the reviewer shall reduce the amount such that the imposition of the administrative penalty is consistent with the purposes set out in subsection 76 (4) of the Act. (4) In this section, “reviewer” means the registrar or a deputy registrar specified by the registrar to review the assessor’s determinations for the purposes of subsection (3). Part V   Appeal
PART V APPEAL
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