I have discretion as to whether I impose a monetary penalty or not. The way I have generally been administering the act...because of the illogicality of imposing penalties for failures to meet deadlines but not being able to impose penalties for actual contraventions in certain cases, I have generally applied the administrative monetary penalty only when it's been associated with something that contravenes the act.
On February 11th, 2013. See this statement in context.