Land Title Practice Manual

Administrative Or Monetary Penalties Under Provincial Statutes

In This Volume

A number of provincial statutes incorporate provisions establishing administrative or monetary penalties for contravention of a statute, regulation, or condition of a permit or other form of authorization. These provisions authorize the administrator or head of the public program or agency to impose an administrative or monetary penalty, to give notice of the administrative penalty to a person affected, to provide a time frame for response, to establish a procedure for review or appeal, and to specify a mechanism for enforcement.

After a notice has been issued and an appeal or review process has passed or been completed, the penalty constitutes a debt owing to the government. A certificate of indebtedness may be filed in a court registry and once filed, may be enforced as if it were a judgment of a court.

The details of each administrative penalty scheme are unique to the enabling legislation. Readers should consult the relevant statute to determine how each scheme operates and how each order is enforced. The following list identifies many of the provincial statutes that include provisions for the imposition of administrative or monetary penalties. Relevant regulations are also listed.