REVIEW BY TRIBUNAL
Marginal note:Review by Tribunal
14. (1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,
(a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or
(b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,
and the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.
(2) Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,
(a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and
(b) the proceedings commenced in respect of the violation under section 7 are ended.
Marginal note:Debts to Her Majesty
15. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:
(a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;
(b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;
(c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;
(d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;
(e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and
(f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.
Marginal note:Time limit
(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.
Marginal note:Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14 of this Act and subsection 12(2) of the Canada Agricultural Products Act.
Marginal note:Certificate of default
16. (1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
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