MHHS · New Home Buyer Protection Act
Part 4 — Enforcement and Reviews
15 Administrative penalties
regulations, may impose an administrative penalty on a person who
(a) contravenes a provision of this Act the contravention of
which is prescribed as a contravention in respect of which
an administrative penalty may be imposed,
(b) fails to comply with a compliance order, or
(c) fails to comply with a term or condition of an authorization.
(2) An administrative penalty may be
(a) a single amount, or
(b) an amount for each day that the contravention or failure to
comply continues,
but the total amount of an administrative penalty must not exceed
$100 000.
(2.1) Where a contravention or failure to comply referred to in
subsection (1) is in respect of a multiple family dwelling, a separate
administrative penalty may be imposed for each dwelling unit that
is a new home within the multiple family dwelling.
(3) If, in the opinion of the Registrar, a person who is subject to an
administrative penalty under subsection (2)(b) is taking reasonable
measures to remedy the contravention or failure to comply, the
Registrar, in writing, may suspend the application of a daily
penalty on any terms and conditions the Registrar considers
appropriate.
(4) If an administrative penalty is imposed on a person, the
Registrar shall serve a notice of the administrative penalty on the
person.
(5) A notice under subsection (4) must state the following:
(a) the name of the person liable to pay the administrative
penalty;
(b) the reasons for imposing the administrative penalty;
(c) the amount of the administrative penalty and whether it is
imposed as a single amount or as an amount for each day
that the contravention or failure to comply continues;
(d) the date by which the administrative penalty is to be paid;
(e) that the person liable to pay the administrative penalty may,
under section 17, appeal the imposition of the penalty or the
amount of the penalty, or both;
(f) any other prescribed information.
(6) An administrative penalty may be imposed on one or more
directors, officers or other persons who authorized, permitted or
acquiesced in a contravention or failure to comply by a corporation
for which an administrative penalty may be imposed, whether or
not an administrative penalty has been imposed on the corporation
for the same contravention or failure to comply.
(6.1) An administrative penalty may be imposed jointly and
severally on a corporation and one or more directors, officers or
other persons referred to in subsection (6).
(7) An administrative penalty must be paid
(a) within 30 days after the date on which the notice of
administrative penalty referred to in subsection (4) is served
on the person, or
(b) if an appeal is commenc ed regarding the administrative
penalty, by depositing an irrevocable letter of credit in the
amount of the administrative penalty with the President of
Treasury Board and Minister of Finance within 30 days after
the date on which the notice of administrative penalty
referred to in subsection (4) is served on the person.
(8) A person who pays an administrative penalty in respect of a
contravention or failure to comply shall not be charged under this
Act with an offence in respect of the contravention or failure to
comply that is described in the notice of administrative penalty.
2012 cN-3.2 s15;2014 c5 s9;2017 c10 s15