s.91Administrative fines
91
Section 91Part 14 — Administrative fines

Administrative fines

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Where the Office is satisfied that there are reasonable grounds for believing that a licensee may have failed to comply with or contravened one or more terms, conditions, specifications or requirements of any licence, order, directive, rule or regulation, the Office shall —
notify the licensee in writing, stating the nature of such suspected failure to comply or contravention and of the Office's intention to make a determination in respect of any such suspected failure to comply or contravention; and
provide to the licensee documents, if any, in support of the suspected failure or contravention.
A notice under subsection (1) shall be sent by post and shall be deemed to have been communicated to the licensee at the time it would have been received in the ordinary course of post.
A licensee notified in accordance with subsection (1) may, within twenty-one days of the date of the notice, provide to the Office a written response in respect of any such suspected failure to comply or such contravention, and shall also provide any other documentation which the licensee wishes the Office to consider in making any determination in relation to any suspected failure to comply or contravention.
A licensee, in any response submitted to the Office as specified in subsection (3), may request that the Office hear the licensee in person or through a representative and, if so requested, the Office may in its discretion allow such request.
Any document which the licensee wishes the Office to consider at a hearing shall be submitted within the time permitted in subsection (3).
Where a licensee, notified as specified in subsection (1), makes no submission as specified in subsection (3) in respect of a suspected failure to comply or contravention, then the licensee shall be considered by the Office to have no evidence to refute the allegation of failure to comply or the contravention.
Where the Office has decided to hold a hearing, it shall hold such hearing within twenty-one days next following the twenty-one day period set out in subsection (3) and in accordance with such procedure as it may determine.
At every hearing under this section where the licensee or the licensee's representative is present, the licensee or the licensee's representative shall be given an opportunity to address the Office.
After any hearing under this section, the Office shall set out its findings in writing and shall make a determination in regard to any suspected failure to comply or contravention as specified in subsection (1), and where the Office determines that a licensee has failed to comply with or contravened any term, condition, specification or requirement of any licence, order, directive, rule or regulation, the Office may consider the nature, circumstances and any actual or potential consequences of any such failure to comply or contravention by the licensee as well as any prior determinations in respect of that licensee by the Office, and may issue a warning or impose a fine not exceeding five hundred thousand dollars in respect of each such failure to comply or contravention and twenty-five thousand dollars for each day that the failure or contravention occurs.
The Office shall notify the licensee of its findings and determinations and any fine or warning within twenty-one days of its determination and, following the period provided for an appeal as specified in subsection (11), may cause its findings and any warning and the quantum of any fine imposed to be published in any manner and in its discretion.
An appeal against a determination of the Office made under subsection (9) shall be made to the Court within twenty-eight days next following the date of the notification made under subsection (10); and an appeal may be made on one or more of the following grounds —
erroneous in law;
unreasonable;
contrary to the principles of natural justice; or
not proportionate.
Any notification of a fine under subsection (10) shall be deemed to also be notice of an intention to suspend any and all licences of the licensee at the expiration of the twenty-eight days next following notification as specified in subsection (10), and any fine imposed by the Office shall be paid in full by the licensee within that same twenty-eight days of notification.
Any failure to pay any fine imposed by the Office within the period specified in subsection (12) shall be deemed to be a contravention of this Act and shall be deemed to be sufficient grounds for the suspension of any and all licences of the licensee by the Office under relevant sectoral legislation.
Representatives appearing on behalf of a licensee do not need to be persons having legal qualifications.
The power to impose fines under this Part is in addition to or an alternative to any other penalty or remedy provided under this Act.

Referenced By