32.1 (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 as it applies to any thing described in section 2 that is prescribed or any prescribed class of any such thing; (b)  a restriction, limitation or condition of a prescribed authorization; or (c)  a prescribed Minister’s order, a prescribed alternate rule or a prescribed director’s order. 2018, c. 7, s. 20; 2019, c. 4, Sched. 7, s. 23. To whom payable (2) An administrative penalty is payable to the Corporation. 2018, c. 7, s. 20. Purpose (3) An administrative penalty may be imposed under this section for one or more of the following purposes: 1.  To ensure compliance with this Act and the regulations. 2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention described in subsection (1). 2018, c. 7, s. 20. Amount (4) 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 $10,000. 2018, c. 7, s. 20. Form of order (5) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the Corporation determines. 2018, c. 7, s. 20. Service of order (6) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the Corporation determines. 2018, c. 7, s. 20. Absolute liability (7) 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. 2018, c. 7, s. 20. No effect on offences (8) For greater certainty, nothing in subsection (7) affects the prosecution of an offence. 2018, c. 7, s. 20. Other measures (9) Subject to section 32.3, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations, including the application of restrictions, limitations or conditions to an authorization by a director, the suspension or revocation of an authorization or the refusal to renew an authorization. 2018, c. 7, s. 20. Limitation (10) An assessor shall not make an order under subsection (1) more than two years after the day the assessor became aware of the person’s contravention on which the order is based. 2018, c. 7, s. 20. No hearing required (11) 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. 2018, c. 7, s. 20. Non-application of other Act (12) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1). 2018, c. 7, s. 20. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 20
- 01/07/2022 2019, c. 4, Sched. 7, s. 23 - 01/07/2022