Indeed, proposed subsection 72.133(1) sets out the set of factors that must be taken into consideration when determining the amount of the penalty. It includes the nature and scope of the violation and any past history, but also, importantly, the person's ability to pay the penalty.
Furthermore, proposed subsection 72.133(2) states that the purpose of the penalty is to “promote compliance”, not to punish. This is parallel to existing administrative monetary penalties and sets out constraints such that any penalty must be reasonable when taking into consideration these factors. We'll also be taking up the issue of due diligence subsequently.
Just to build on that, in this circumstance, it is the larger carriers that have revenues north of $15 billion per year. The maximum size of the penalty is geared toward the largest players. Otherwise, if it costs $20 million to replace some equipment and the maximum penalty is $10 million, maybe they will just pay it. However, these protections have been geared such that, when taking into consideration the interests of small business, they are not unreasonable and not out of the scope of the person's ability to pay.