The hearing process

A person, including an officer, director or agent of a corporation who believes a Notice of Administrative Monetary Penalty (NAMP) was improperly issued against them can dispute it though an administrative hearing. 

On this page

• About the hearing process
• Administrative monetary penalty (AMP) hearings
• Reconsideration hearings
• Judicial review
• Interest on unpaid AMPs

About the hearing process

It is important to understand the roles and responsibilities of parties involved in a hearing: 

Administrative monetary penalty (AMP) and reconsideration hearings are conducted in writing by the CSU. NAMP recipients who may require an oral hearing should complete and submit the:

• Application for Oral Hearing (PDF, 192KB)

Oral hearings may only be conducted under certain circumstances at the CSU Director's discretion. 

NAMP recipients and other hearing participants will be notified of the date that the Director’s review is scheduled to begin. If there are two or more hearings that involve similar or related questions, the CSU may: 

• Combine multiple hearings into one
• Decide on multiple hearings in a single response, or
• Pause one or more hearings until another hearing is complete

If any of the above steps are taken, hearing participants will be notified in writing.

Administrative monetary penalty (AMP) hearings

There are generally two types of Administrative Monetary Penalty hearings:

During an Administrative Monetary Penalty (AMP) hearing, the CSU Director or delegate reviews a hearing package that includes:

• The information that was before the Director when the Director issued the Notice of AMP (NAMP)
• The disclosure and correspondence between the parties, and
• Any participant submissions and evidence received within the deadline

If the applicant did not provide any evidence after submitting an application for an AMP hearing, the CSU Director or delegate will only review the information that was before the Director when the Director issued the NAMP, as well as the correspondence between the parties.

At an AMP hearing that takes place without approved participants, the CSU will review all information that is available to them.

At the conclusion of an AMP hearing, the CSU Director or delegate will determine:

• If the Cannabis Control and Licensing Act (CCLA) was contravened
• Whether to impose the AMP, and
• The amount of the AMP

After their review, the Director will provide a written decision with reasons to the applicant along with the Compliance Order, if applicable.

Compliance Orders

If a person does not sign a waiver in response to a NAMP, an administrative hearing is held. If the CSU Director determines there was a contravention of section 15 or section 18 of the CCLA, and that an AMP is appropriate, the CSU Director will issue a Compliance Order directing the person to pay the AMP.

A Compliance Order imposes a monetary penalty in an amount equal to 2 times the retail value of the cannabis that the person sold, possessed for the purpose of sale or produced in contravention of the Cannabis Control and Licensing Act.

Compliance Orders include:

• The reasons for imposing an AMP
• The amount of the AMP
• The deadline for payment, and
• The right to a reconsideration of the decision

Within 30 days of the Compliance Order being deemed received, the person or corporation:

• Must pay the penalty, and
• If disputing the AMP hearing decision, submit an Application for Reconsideration

Interest starts to accrue on any unpaid amounts from the day after the Compliance Order's due date until the debt is paid in full.

A list of Compliance Orders issued can be found on the Enforcement actions and statistics page. 

Reconsideration hearings

AMP recipients can dispute an AMP hearing decision by applying for reconsideration. At a reconsideration hearing, the CSU reviews:

• New submissions and correspondence provided in the Application for Reconsideration, and
• The evidence or submissions that resulted in the Compliance Order being issued

At the conclusion of a reconsideration hearing, the CSU director will explain their decision in writing and issue a Reconsideration Order.

A Reconsideration Order can confirm, vary or rescind the Compliance Order.

Interest continues to accrue on any unpaid amount.

Reconsideration Orders

At the conclusion of a reconsideration hearing, the CSU Director will explain their decision in writing and issue a Reconsideration Order.

A Reconsideration Order may:

• Confirm the AMP in a Compliance Order
• Change the AMP in a Compliance Order, or
• Cancel the AMP in a Compliance Order

If an AMP is confirmed or varied, it must be paid within 30 days after the date on which the Reconsideration Order is deemed to be received.

If an AMP is cancelled or varied by a Reconsideration Order and payments have been previously made, a refund will be provided.

Interest on unpaid Compliance Orders continue to accrue during on any unpaid amounts from the day after the Compliance Order’s due date until the debt is paid in full.

A list of Reconsideration Orders issued can be found on the Enforcement actions and statistics page. 

Judicial review

As per section 126 of the Cannabis Control and Licensing Act, if an individual or corporation, does not agree with a Reconsideration Order, they may apply for judicial review within 30 days from the date that the applicant is deemed to have received a Reconsideration Order.

Interest continues to accrue on any unpaid amount.

Interest on unpaid AMPs

The penalty amount and interest imposed under a Compliance Order, Reconsideration Order or Judicial Review is a debt to government.

Interest begins to accrue on any unpaid AMP debt starting the day after the Compliance Order is due and continues until the debt is fully paid. Submitting an Application for Reconsideration or pursuing a Judicial Review does not stop interest from being applied.