What is the process for issuing an Administrative Penalty?

Once a Director has reviewed the evidence provided to them and concluded an Administrative Penalty ought to be issued, a Notice of Intention will be issued to the offending individual. The Notice will describe the particulars of the contravention, the amount of the penalty being proposed, a statement as to how the penalty was assessed and the person’s right to provide (additional) information related to the contravention that the Director may have failed to consider in their initial assessment. 

Within 15 days of receiving the Notice of Intent, the party may provide information (in writing) the Director may not be aware of or did not consider when calculating the penalty. Upon receiving the information provided by the party the Director may issue the Order described in the notice, vary the amount or adverse impact tier, or cancel the issuance of the Administrative penalty. If no information is provided then the Director will issue the penalty as described in the Notice of Intent.