Administrative Monetary Penalties
52. Every public office holder who contravenes one of the following provisions commits a violation and is liable to an administrative monetary penalty not exceeding $500:
(a) subsections 22(1), (2) and (5);
(b) section 23;
(c) subsections 24(1) and (2);
(d) subsections 25(1) to (6);
(e) subsections 26(1) and (2); and
(f) subsection 27(7).
Marginal note:Notice of violation
53. (1) If the Commissioner believes on reasonable grounds that a public office holder has committed a violation, the Commissioner may issue, and shall cause to be served on the public office holder, a notice of violation.
Marginal note:Contents of notice
(2) A notice of violation must
(a) set out the name of the public office holder believed to have committed a violation;
(b) identify the violation;
(c) set out the penalty that the Commissioner proposes to impose;
(d) inform the public office holder that he or she may, within 30 days after the notice is served or within any longer period specified by the Commissioner, pay the penalty set out in the notice or make representations to the Commissioner with respect to the alleged violation or proposed penalty and set out the manner for doing so; and
(e) inform the public office holder that, if he or she does not pay the penalty or make representations in accordance with the notice, he or she will be considered to have committed the violation and the Commissioner may impose a penalty in respect of it.
Marginal note:Criteria for penalty
(3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters:
(a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;
(b) the public office holder’s history of prior violations under this Act during the five-year period immediately before the violation; and
(c) any other relevant matter.
54. The Governor in Council may make regulations respecting the service of documents required or authorized to be served under sections 53 to 57, including the manner and proof of service and the circumstances under which documents are deemed to be served.
Marginal note:Payment of penalty
55. If the public office holder pays the penalty proposed in the notice of violation, he or she is considered to have committed the violation and proceedings in respect of it are ended.
Marginal note:Representations to Commissioner
56. (1) If the public office holder makes representations to the Commissioner in accordance with the notice of violation, the Commissioner shall decide, on a balance of probabilities, whether the public office holder committed the violation and, if so, may impose the penalty proposed, a lesser penalty or no penalty.
Marginal note:Notice of decision
(2) The Commissioner shall cause notice of any decision made under subsection (1) to be served on the public office holder.
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