under the
Note: This is a draft regulation for discussion purposes. The Mortgage Brokerages, Lenders and Administrators Act, 2006 is not in force.
1. An administrative penalty cannot be imposed under section 39 of the Act for a contravention of section 46 of the Act (Prohibition re reprisals).
2. The Superintendent shall consider the following criteria when determining the amount of an administrative penalty to impose on a person or entity under section 39 of the Act for a contravention or failure to comply with a requirement established under the Act:
3. (1) A penalty imposed under section 39 of the Act must be paid no later than 30 days after the person or entity is given notice of the order imposing the penalty, unless the order specifies a later deadline.
(2) If a hearing on the notice of proposal to impose the order is requested in accordance with subsection 39 (5) of the Act, the penalty must be paid no later than 30 days after the matter is finally determined unless the order specifies a later deadline.
(3) If the order imposing the penalty specifies a later deadline, the penalty must be paid by the deadline specified in the order instead of the deadline described in subsection (1) or (2).
4. (1) A penalty imposed under section 40 of the Act must be paid no later than 30 days after the person or entity is given notice of the order imposing the penalty.
(2) If the Superintendents order is appealed in accordance with subsection 40 (4) of the Act, the penalty must be paid no later than 30 days after the matter is finally determined unless the order as confirmed or varied on appeal specifies a later deadline.
(3) If the order as confirmed or varied on appeal specifies a later deadline, the penalty must be paid by the deadline specified in the order instead of the deadline described in subsection (1) or (2).