The Director of Fair Trading (as delegated) can impose an administrative penalty of up to $100,000 on a business or an individual.
Fair Trading Act Administrative Penalties Notice of administrative penalty
158.1 1. If the Director is of the opinion that a person:
(a) has contravened a provision of this Act or the regulations, or
(b) has failed to comply with a term or condition of a licence issued under this Act or the regulations, the Director may, by notice in writing given to the person, require the person to pay to the Crown an administrative penalty in the amount set out in the notice.
2. Where a contravention or a failure to comply continues for more than one day, the amount set out in the notice of administrative penalty under subsection (1) may include a daily amount for each day or part of a day on which the contravention or non-compliance occurs or continues.
3. The amount of an administrative penalty, including any daily amounts referred to in subsection (2), must not exceed $100,000.
4. Subject to subsection (5), a notice of administrative penalty shall not be given more than 3 years after the day on which the contravention or non-compliance occurred.
5. Where the contravention or non-compliance occurred in the course of a consumer transaction or an attempt to enter into a consumer transaction, a notice of administrative penalty may be given within 3 years after the day on which the consumer first knew or ought to have known of the contravention or non-compliance but not more than 8 years after the day on which the contravention or non-compliance occurred. 2012 c7 s1
Right to make representations 158.2 Before imposing an administrative penalty in an amount of $500 or more, the Director shall
(a) advise the person, in writing, of the Director’s intent to impose the administrative penalty and the reasons for it, and
(b) provide the person with an opportunity to make representations to the Director. 2012 c7 s1
No offence where administrative penalty paid 158.3 A person who pays an administrative penalty in respect of a contravention or a failure to comply shall not be charged under this Act with an offence in respect of the same contravention or failure to comply that is described in the notice of administrative penalty. 2012 c7 s1
Enforceability of notice of administrative penalty 158.4 Subject to the right of appeal, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister 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. 2012 c7 s1
Appeal A person or publisher who is subject to an order under this section may appeal under section 179(1) of the Fair Trading Act within 30 days after being notified in writing of the decision or order or being given the notice of administrative penalty. Pursuant to section 180(4) of the Fair Trading Act: “service under section 179(1) of a notice of appeal of an administrative penalty operates to stay the administrative penalty until the appeal board renders its decision on the appeal or the appeal is withdrawn
“ Ministerial regulations 158.5 The Minister may make regulations
(a) respecting the contents of notices of administrative penalty and the manner in which the notices are required to be given;
(b) respecting the amounts of the administrative penalties that may, subject to section 158.1(3), be imposed under section 158.1(1) and respecting factors to be taken into account in setting the amount of an administrative penalty;
(c) respecting any other matter the Minister considers necessary or advisable for the administration of the system of administrative penalties. 2012 c7 s1
Public record 157.1
(1)The Director must maintain a public record of undertakings, Director’s orders, court orders and injunctions and any other prescribed document or information.
(2) The Director may prescribe the form of the public record referred to in subsection (1) and which documents must or may be included.
(3) The Director must maintain a public record of administrative penalties and may prescribe the form of the public record and the documents and information that must or may be included in it. 2005 c9 s55;2012 c7 s1