Where the Registrar is of the opinion that a person has contravened a provision of the Act or the Regulations, the Registrar may, subject to the Regulations, by notice in writing served on the person personally or by mail, require that person to pay to the Crown an administrative penalty in the amount set out in the notice for each contravention. The maximum amount of an administrative penalty that may be imposed is $25,000.
A person who pays an administrative penalty in respect of a contravention may not be charged under the Act with an offence in respect of that contravention.
A person who has been served with a notice of administrative penalty shall pay the amount of the penalty within 30 days from the date of service of the notice. Subject to the right to appeal, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the Regulations, the Registrar may file a copy of the notice of administrative penalty with the Clerk of the Court of Queen’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.
The Lieutenant Governor in Council may make Regulations:
=> prescribing the form and contents of notices of administrative penalties;
=> prescribing contraventions in respect of which an administrative penalty may be imposed and prescribing the amounts or the manner of determining the amounts of the administrative penalties that may be imposed;
=> regarding the composition and manner of appointment of the appeal body respecting appeals from notices of administrative penalties;
=> regarding the evidence to be considered and the factors that the appeal body is to consider in reaching its decision;
=> regarding the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty;
=> regarding the procedure to be followed in an appeal and the procedure before the appeal body; and
=> respecting any other matter necessary for the administration of the system of administrative penalties.