(1) If he or she is satisfied that any person, through his or her wilful default, has failed to register any instrument which is registrable under this Act, the Registrar may by notice in writing order such person to present such instrument for registration, and thereupon the registration fee and any additional fee payable under section 39 shall become due and shall be payable by such person whether the instrument is presented for registration or not.
(2) Any person who fails to comply with an order of the Registrar under subsection (1) within one month of the service of the notice commits an offence and is liable on summary conviction to a fine of $100.