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Income and Employment Supports Regulations

Published Date: March 23, 2012
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Income Support, Training and Health Benefits Regulation

Part 5 Miscellaneous

Section 101 Administrative penalties

  1. For the purposes of section 24(1)(a) of the Act, an administrative penalty is payable in respect of a contravention of the following:

    1. sections 21 and 23(3) of the Act;

    2. sections 4, 5 and 9 of the Training Provider Regulation (AR 186/2011).

  2. The notice to a training provider under section 25(2) of the Act to pay an administrative penalty must be given in writing and must contain the following information:

    1. the name of the training provider required to pay the administrative penalty;

    2. particulars of the contravention;

    3. the amount of the administrative penalty and the date by which it must be paid;

    4. a statement of the right to appeal.

  3. A notice given under this section may be

    1. served personally on the training provider,

    2. sent by ordinary mail to the address of the training provider according to the records of the Director, or

    3. sent by electronic means to the training provider.

  4. Subject to section 24(4)(c) of the Act and subsection (5) of this Regulation, the amount of an administrative penalty for each day that the contravention occurs or continues is $1000.

  5. In a particular case, the Director may, subject to section 24(4)(c) of the Act, increase or decrease the amount of the administrative penalty referred to in subsection (4) after considering the following factors:

    1. the degree of wilfulness in the contravention;

    2. whether or not there were any mitigating circumstances relating to the contravention;

    3. whether or not steps have been taken to prevent a reoccurrence of the contravention;

    4. whether or not the person who receives the notice of administrative penalty has a history of non compliance;

    5. whether or not the person who receives the notice of administrative penalty has derived any economic benefit from the contravention.