106.2 Environmental penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act.  2005, c. 12, s. 2 (29). Note: On a day to be named by proclamation of the Lieutenant Governor, section 106.2 of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 38) Special purpose account 106.2 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 38. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (29)
- 01/08/2007 2019, c. 14, Sched. 8, s. 38 - not in force Review of administrative penalty imposed by provincial officer 106.3 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 38. Request for review (2) A request for a review shall be made in writing and shall include, (a)  a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b)  any submissions that the person requesting the review wishes the Director to consider; and (c)  for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 38. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 38. Decision of Director (4) A Director who receives a request for a review may, (a)  revoke the order of the provincial officer; or (b)  by order directed to the person who requested the review, confirm or alter the order of the provincial officer. 2019, c. 14, Sched. 8, s. 38. Same (5) For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer. 2019, c. 14, Sched. 8, s. 38. Amount of penalty (6) For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 106.1 (14) (c) apply for the purposes of the review. 2019, c. 14, Sched. 8, s. 38. Notice of decision (7) The Director shall serve a person requesting a review with a copy of, (a)  the Director’s decision or order under subsection (4); and (b)  if the Director issues an order under clause (4) (b), the reasons for the order. 2019, c. 14, Sched. 8, s. 38. Automatic confirmation of order (8) If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director. 2019, c. 14, Sched. 8, s. 38. Same (9) For the purposes of section 100, a deemed confirmation by order of the Director under subsection (8) shall be, (a)  deemed to be directed to the person to whom the order of the provincial officer was directed; and (b)  deemed to have been served on the person mentioned in clause (a) on the last day of the time period mentioned in subsection (8). 2019, c. 14, Sched. 8, s. 38. Exception (10) Subsections (8) and (9) do not apply if, within seven days after receiving the request for a review, the Director gives written notice to the person requesting the review stating that the Director requires additional time to make a decision. 2019, c. 14, Sched. 8, s. 38. Regulations (11) The Lieutenant Governor in Council may make regulations specifying the form and content of orders under this section. 2019, c. 14, Sched. 8, s. 38. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 38 - not in force Failure to pay administrative penalty when required 106.4 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a)  the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b)  the Director may, by order, suspend any permit, licence or approval issued to the person under this Act until the administrative penalty is paid; and (c)  the Director may refuse to issue any permit, licence or approval to the person or refuse to amend any permit, licence or approval issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 38. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 38 - not in force Offences