ADMINISTRATIVE PENALTIES

CONTENTS 1. Penalties 2. Contents of notice 3. Service of notice 4. Payment 5. Review 6. Enforcement and collection of administrative penalty 7. Publication 8. Limitation period Penalties 1. The following penalties are prescribed for the purposes of section 69.1 of the Act: Item Column 1 Contravention Column 2 Penalty 1. Section 3 of Ontario Regulation 364/25 The lesser of $100,000 and 10 per cent of the value of the procurement contract Contents of notice 2. In addition to the information required under subsection 69.1 (2) of the Act, a notice of administrative penalty under subsection 69.1 (1) of the Act shall be in writing and shall include the following information: 1. The name of the person on whom the notice of administrative penalty is being served. 2. The date and time by which payment of the administrative penalty must be made. 3. The amount payable and how payment of the administrative penalty may be made. 4. The right to request a review of the administrative penalty order. Service of notice 3. (1) A notice to be served under section 69.1 of the Act is sufficiently served if it is, (a) delivered personally; (b) sent by mail; or (c) sent or delivered by another method, if the sender can prove receipt. (2) If a notice of administrative penalty is served by mail, the service is deemed to be made on the fifth day after the day of mailing unless the person on whom the notice is served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive it until a later date. Payment 4. A person against whom an administrative penalty has been imposed shall pay the penalty as follows: 1. If the notice of administrative penalty relates to an inspector’s order made under the Act, within 30 days after the day the period to appeal the order expires, or if an appeal is made under subsection 61 (1) of the Act, within 30 days after a decision is made by the Board. 2. If paragraph 1 does not apply, within 45 days after the day the notice of administrative penalty was served, or if a review is requested under subsection 69.1 (8) of the Act, within 30 days after a decision is made by the Board. Review 5. (1) The Board is the prescribed entity for the purposes of reviews under subsection 69.1 (8) of the Act. (2) A person on whom a notice of administrative penalty is served may apply to the Board for a review of the notice in a form approved by the Board, (a) within 15 days after receipt of the notice of administrative penalty; or (b) if the Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Board. (3) Subsections 61 (3.6) to (3.12) of the Act apply with necessary modifications to a review under this section. (4) The parties to a review of a notice of administrative penalty are, (a) a Director; (b) the person who received the notice of administrative penalty; and (c) such other persons as the Board may specify. (5) For the purposes of a review of a notice of administrative penalty, the Board has power, (a) to require any party to furnish particulars before or during a consultation or hearing; (b) to require any party to produce documents or things that may be relevant to the review and to do so before or during a consultation or a hearing; (c) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Board considers requisite to the review in the same manner as a court of record in civil cases; (d) to administer oaths and affirmations; (e) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not; (f) to make interim orders concerning procedural matters on such terms as it considers appropriate; and (g) to determine the form in which and the time as of which any party to the review must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time. (6) If in a review of a notice of administrative penalty, the Board is satisfied that a mistake has been made in good faith with the result that the proper person has not been named as a party or has been incorrectly named, the Board may order the proper person to be substituted or added as a party to the review or to be correctly named on such terms as appear to the Board to be just. (7) Upon a review of a notice of administrative penalty, the Board may, as appropriate under this Regulation, confirm, vary or set aside the notice. (8) A decision by the Board under this section is final and binding on the parties to the review. (9) Nothing in subsection (8) prevents a court from reviewing a decision of the Board under this section, but a decision of the Board concerning the interpretation of this Regulation shall not be overturned unless the decision is unreasonable. Enforcement and collection of administrative penalty 6. (1) If a person who is required to pay an administrative penalty fails to pay it within the time required, the notice of administrative penalty may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. (2) The Minister may authorize any person to act as a collector for the purposes of this section and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing. (3) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing. (4) The Minister may impose conditions on an authorization under subsection (3) and may determine what constitutes a reasonable fee or reasonable disbursement for the purposes of that subsection. (5) The Minister shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements. (6) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized shall be deemed to be owing under and shall be deemed to be added to the amount of the penalty set out in the notice of administrative penalty. (7) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements. (8) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister. (9) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out. Publication 7. (1) The Minister may publish or otherwise make available to the general public the name of any person against whom an administrative penalty has been imposed, the nature of the contravention or failure to comply and the amount of the administrative penalty. (2) Authority to publish under subsection (1) includes authority to publish on the Internet. (3) Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. Limitation period 8. A notice of administrative penalty shall not be issued under section 69.1 of the Act more than one year after the contravention first came to the knowledge of the inspector. 9. Omitted (provides for coming into force of provisions of this Regulation).