Financial Consumer Agency of Canada Act

Marginal note:Criteria for penalty

20 Except if a penalty is fixed under paragraph 19(1)(b), the amount of a penalty shall, in each case, be determined taking into account

• (a) the degree of intention or negligence on the part of the person who committed the violation;

• (b) the harm done by the violation;

• (c) the duration of the violation;

• (d) the ability of the person who committed the violation to pay the penalty;

• (e) the history of the person who committed the violation with respect to any prior violation or conviction under an Act listed in Schedule 1 within the five-year period immediately before the violation; and

• (f) any other criteria that may be prescribed.