Section 36 — Employment Equity Act: Assessment of monetary penalty

The Minister may, within two years after the day on which the Minister becomes aware of a violation, issue a notice of assessment of a monetary penalty in respect of the violation and send it by registered mail to the private sector employer. The amount of a monetary penalty shall not exceed $10,000 for a single violation; and $50,000 for repeated or continued violations. In assessing the amount of a monetary penalty, the Minister shall take into account the nature, circumstances, extent and gravity of the violation; and the wilfulness or intent of the private sector employer and the employer’s history of prior violations.