Agriculture and Agri-Food Administrative Monetary Penalties Regulations (SOR/2000-187)

Regulations are current to 2017-11-20 and last amended on 2016-08-02. Previous Versions

Agriculture and Agri-Food Administrative Monetary Penalties Regulations

SOR/2000-187

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

Registration 2000-05-04

Agriculture and Agri-Food Administrative Monetary Penalties Regulations

The Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations.

May 3, 2000

LYLE VANCLIEF
Minister of Agriculture and Agri-Food

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)

import reference document

import reference document has the same meaning as in section 10 of the Health of Animals Regulations. (document de référence)

  • SOR/2003-256, s. 1;
  • SOR/2016-226, s. 1.

Violations

 The following are designated as violations that may be proceeded with in accordance with the Act, namely

  • SOR/2014-296, s. 1;
  • SOR/2016-226, s. 2.

Short-form Descriptions

 The short-form descriptions that are set out in column 2 of Schedule 1 are established to be used in notices of violations in respect of violations of the corresponding provisions that are set out in column 1 of Schedule 1.

  • SOR/2005-190, s. 1.

Classification

 The classification of a violation as a minor, serious or very serious violation of a provision set out in column 1 of an item of Schedule 1 is as set out in column 3 of that item.

Penalties

  •  (1) The amount of the penalty in respect of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit is

    • (a) $500, for a minor violation;

    • (b) $800, for a serious violation; and

    • (c) $1300, for a very serious violation.

  • (2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of a business or in order to obtain a financial benefit is $1,300.

  • (3) The amount of the penalty in respect of a violation that is committed by a person in the course of a business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.

  • SOR/2010-215, s. 1;
  • SOR/2016-226, s. 3(E).

 The total gravity value in respect of each serious or very serious violation referred to in subsection 5(3) shall be established by

  • (a) considering the following criteria:

    • (i) the history of the person who committed the violation in respect of prior violations or convictions as described in column 2 of an item of Part 1 of Schedule 3,

    • (ii) the degree of intention or negligence on the part of the person who committed the violation as described in column 2 of an item of Part 2 of Schedule 3, and

    • (iii) the harm done or that could be done by the violation as described in column 2 of an item of Part 3 of Schedule 3;

  • (b) ascribing, for each of the criteria referred to in subparagraphs (a)(i), (ii) and (iii), the applicable gravity value that is set out in column 1 of an item of Parts 1, 2 and 3 of Schedule 3; and

  • (c) adding the values obtained under paragraph (b).

  • SOR/2016-226, s. 4.

Compliance Agreements

  •  (1) Subject to subsection (2), where the Minister agrees to enter into a compliance agreement and the terms and conditions of the agreement include monetary expenditures to be made by a person, the amount of the penalty shall be reduced by one dollar for every two dollars spent by the person, with a maximum reduction to nil.

  • (2) The amount set out in a notice of default served pursuant to subsection 10(4) of the Act shall be paid by certified cheque or money order made payable to the Receiver General for Canada within 15 days after service of the notice.

Service of Documents

  •  (1) Service of a notice of violation or any document originating from the Minister on an individual named in the notice or document may be made

    • (a) personally, by leaving a copy of it

      • (i) with the individual at any place, or

      • (ii) if it is impracticable to find the individual, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual. The day on which the document is left with that person is deemed to be the day on which the document is served; or

    • (b) by sending a copy of it by registered mail or courier to the last known address or usual place of residence of the individual, or by sending a copy of it to the individual by fax or other electronic means.

  • (2) Service of a notice of violation or any document originating from the Minister on a person other than an individual may be effected by

    • (a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the person or to the person’s agent;

    • (b) leaving a copy of it at the person’s head office or place of business, with an officer or other individual who appears to be in control or management of the head office or place of business or with the person’s agent; or

    • (c) sending a copy of it by electronic means other than by fax to any individual referred to in paragraph (b).

  • (3) If a notice of violation or any document originating from the Minister is sent by fax or by other electronic means, a copy of the document shall be sent either by courier or by registered mail within 48 hours following the original transmission.

  • SOR/2016-226, s. 5.
  •  (1) A certificate of service of a document required or authorized to be served under the Act must be in a form approved by the Minister.

  • (1.1) If the certificate states that the document was served on a person named in the certificate and states the means of service, the person who signs the certificate is deemed to have served the document on that person on the date that is determined under subsections (2) to (4).

  • (2) A document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office.

  • (3) A document sent by courier is served on the 10th day after the date indicated in the courier’s receipt issued to the sender.

  • (4) A document sent by fax or other electronic means is served on the date it is sent.

  • SOR/2016-226, s. 6.

Payment

  •  (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty by certified cheque or money order made payable to the Receiver General of Canada within 30 days after the day on which the notice is served.

  • (2) A person named in a notice of violation may pay an amount equal to one half of the penalty, in lieu of the penalty, within 15 days after the day on which the notice is served.

  • (3) For the purposes of subsections (1) and (2), payment is deemed to be made:

    • (a) on the date indicated in the postmark stamped on the envelope, where the amount is sent by regular mail; or

    • (b) on the date indicated in the receipt issued by the post office or the courier, where the amount is sent by registered mail or courier.

  • SOR/2016-226, s. 7.

Review and Compliance Agreements

  •  (1) Where a person named in a notice of violation that contains a warning requests, pursuant to subsection 8(1) of the Act, a review of the facts of the violation by the Minister or the Tribunal, the request shall be made in writing within 30 days after the day on which the notice is served.

  • (2) Where a person named in a notice of violation that contains a penalty requests, pursuant to subsection 9(2) of the Act, a review of the facts of the violation by the Minister or the Tribunal or, if the penalty is $2,000 or more, to enter into a compliance agreement with the Minister, the request shall be made in writing within 30 days after the day on which the notice is served.

  • (3) For the purposes of subsection (2), a request to enter into a compliance agreement shall include a proposal outlining in detail the corrective action that will be taken to ensure future compliance.

 If a person is notified that the Minister refuses to enter into a compliance agreement, the time within which the person may pay the amount of the penalty or request a review by the Tribunal of the facts of the violation is 15 days after the day on which the notice is served. The request must be in writing.

  • SOR/2016-226, s. 8.

 If a person is notified that the Minister, having concluded a review, has decided that the person committed a violation

  • (a) the time within which the person may request a review of the Minister’s decision by the Tribunal is 15 days after the day on which the notice is served and the request must be in writing;

  • (b) if the review is in respect of a penalty, the time within which the person may pay the penalty that the Minister has maintained or the corrected amount that the Minister has decided on is 15 days after the day on which the notice is served.

  • SOR/2016-226, s. 8.
  •  (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier or fax or other electronic means to a person and place authorized by the Minister.

  • (2) Where a person makes a request referred to in subsection (1), the date of the request is

    • (a) the date on which the request is delivered to the authorized recipient, if the request is delivered by hand;

    • (b) the earlier of the date on which the request is received by the authorized recipient and the date on the receipt given to the person by a post office or courier, if the request is sent by registered mail or courier; or

    • (c) the date on which the request is sent, if the request is sent by fax or other electronic transmission.

  • (3) If a request is sent by fax or by other electronic means, a hard copy of the request shall be sent either by courier or registered mail within 48 hours following the original transmission.

  • SOR/2016-226, s. 9.

Review by Tribunal

  •  (1) A review by the Tribunal shall be conducted orally where the person named in the notice of violation requests that the review be oral.

  • (2) A review, whether conducted orally or through written representations, may include hearings by conference telephone, conference video or other electronic means where, in the Tribunal’s opinion, its deliberations will be assisted by those means.

  • (3) Where a review is in respect of a penalty and the Tribunal maintains the penalty or corrects the amount of the penalty, the person who requested the review shall pay the penalty or the corrected amount within 30 days after the day on which notice of the Tribunal’s decision is served.

Coming into Force

 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Sections 2 to 4)

PART 1Health of Animals Act and Health of Animals Regulations

DIVISION 1Health of Animals Act
  • (S.C. 1990, c. 21)

Column 1Column 2Column 3
ItemProvision of Health of Animals ActShort-form DescriptionClassification
15(1)Fail to notify the nearest veterinary inspector of the presence of a reportable disease or a toxic substanceVery serious
25(2)Fail to notify a veterinary inspector of the suspicion of a reportable disease or a toxic substanceVery serious
37(3)Enter in a place in contravention of a noticeSerious
48Conceal the existence of a reportable disease or a toxic substanceVery serious
59Keep on open land an infected animalVery serious
610Bring into a public place an infected animalVery serious
711Sell or offer or expose for sale an infected animal, a part of an infected animal or an animal product or animal by-product obtained from an infected animalVery serious
812Throw in a body of water a carcass or a part of an animal that is known to be infected or that was destroyed because of a diseaseVery serious
913(1)Dig up all or part of the carcass of an animal that died of a disease or that was destroyed because of a diseaseVery serious
1015(1)Possess or dispose of an animal or thing known to be imported illegallyVery serious
1116(1)Fail to present an animal or thingVery serious
1218(2)Fail to comply with the prescribed noticeVery serious
1319(1)Export an animal without the prescribed certificateSerious
1419(2)Fail to present an animalSerious
1519(4)Send or take an animal out of Canada without a copy of the prescribed certificateSerious
1625(1)Remove from or take into an infected place any animal or thing without the required licenceVery serious
1725(3)Fail to comply with the prescribed noticeVery serious
1827(5)Fail to comply with the prescribed noticeVery serious
1931(2)Fail to provide or maintain adequate facilitiesSerious
2035(1)Obstruct, hinder or make any false or misleading statement to an analyst, inspector or officerVery serious
2135(2)Fail to give all reasonable assistance or furnish information to an inspector or officerSerious
2237(2)Fail to comply with the prescribed noticeSerious
2343(2)Fail to comply with the prescribed noticeSerious
2444Remove, alter or interfere with an animal or thing seized and detainedVery serious
2548(3)Fail to comply with the prescribed noticeVery serious

DIVISION 2Health of Animals Regulations
  • (C.R.C., c. 296;
  • SOR/91-525)

Column 1Column 2Column 3
ItemProvision of Health of Animals RegulationsShort-form DescriptionClassification
13(2)Fail to comply with a prescribed orderSerious
25(2)Fail to comply with a prescribed orderSerious
36Fail to comply with a quarantine noticeVery serious
3.16.2Fail to ensure that specified risk material has been removed from cattle slaughtered, cut up or deboned for human consumption as foodVery serious
3.26.3Use or export for human consumption as food specified risk material in any form, where the specified risk material was removed from cattle slaughtered in CanadaVery serious
49Fail to comply with a quarantine noticeVery serious
511(1)Import germplasm of a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the applicable provisions of the import reference documentVery serious
612(1)Import a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the import requirements of subsections 12(2) to (6) of the Health of Animals Regulations or all applicable provisions of the import reference documentVery serious
7 to 12[Repealed, SOR/2016-226, s. 13]
1313Import a regulated animal under a permit or certificate that contains false or misleading informationVery serious
1414Import a regulated animal that has been in contact with another animal that poses a higher risk or that has been in contact with anything used in relation to the animal with the higher riskSerious
1515Import a regulated animal that is not clearly identified at the time of importationSerious
1616Fail to keep a record which clearly shows the place of origin of the regulated animal, as well as the place and date of its importationSerious
17 to 65[Repealed, SOR/2003-256, s. 2]
6634(1)(a)Import an animal product from a country that is not designated free from foot and mouth diseaseMinor
6734(1)(b)Import an animal product without the required certificateSerious
6834(2)(a)Import unfertilized eggs from a country that is not designated free from Newcastle disease and avian influenzaSerious
6934(2)(b)Import unfertilized eggs without the prescribed certificateSerious
7034(2)(c)Import unfertilized eggs that are packed in dirty containersSerious
71 to 78[Repealed, SOR/2003-256, s. 3]
7940Import an animal by-product without meeting the prescribed requirementsSerious
80 and 81[Repealed, SOR/2016-226, s. 14]
8241.1(2)Use or cause to be used an animal by-product for animal food or as ingredient for animal foodVery serious
8342.1(2)Fail to process raw glands or organs as prescribedSerious
8442.1(3)Transport or cause to be transported raw glands or organs to a place other than the required establishmentSerious
8545(1)(a)Import gluestock without meeting the prescribed conditionsSerious
8645(1)(b)Fail to transport gluestock directly to the approved establishmentSerious
8745(2)Fail to process gluestock as prescribedSerious
8845(3)Transport or cause to be transported gluestock to a place other than the required establishmentSerious
8946Import meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, fish meal or any other product of a rendering plant without meeting the prescribed requirementsVery serious
9047Import from a country, other than the United States, garbage or refuse containing an animal product or by-productVery serious
9147.1(2)Discharge refuse or manure without meeting the prescribed requirementsSerious
9247.1(3)Discharge refuse without incinerating, sterilizing or deep burying the refuse as prescribedSerious
9347.1(4)Discharge garbage or refuse without meeting the prescribed requirementsSerious
9447.1(5)Discharge refuse, garbage or manure at a place where it cannot be treated and disposed of as prescribedSerious
95[Repealed, SOR/2016-226, s. 17]
9647.1(7)(b)Fail to store refuse, garbage or manure as specified by an inspectorSerious
9747.1(8)Fail to comply with the requirements of an inspector while transporting garbage, refuse or manureSerious
9849Import a game animal carcass without meeting the prescribed conditionsMinor
9950(a)Import matted or blood-stained wool, hair or bristlesMinor
10050(b)Import an animal by-product removed from a diseased animalSerious
10151(a)Import an animal pathogen into Canada without a permitVery serious
10251(b)Import an animal, animal product, animal by-product or other organism carrying all or part of an animal pathogen without a permitVery serious
10351(c)Import blood or serum without the required permitSerious
10451.1(a)Move a pathogen, animal or organism or blood or serum to a place not named in the permitSerious
10551.1(b)Introduce a pathogen, animal or organism or blood or serum into an animal without a permit or in contravention of a permitVery serious
106[Repealed, SOR/2016-226, s. 19]
10751.2(2)Expose or use animal blood or serum in a live animalVery serious
10853(1)(a)Import animal food containing an animal product or animal by-product except as prescribedSerious
10953(1)(b)Import animal food on a vessel without prescribed certificationSerious
11054Import fodder to be used to feed animalsSerious
11157(a)Import used beehive or beehive equipmentSerious
11257(b)
  • (a) Import bee feed without the required certificate

Minor
  • (b) Fail to transport untreated bee feed directly to the approved establishment

Minor
11358(1)Import an animal without having it admitted at an approved placeMinor
11458(2)Import an animal by air without having it admitted at an approved placeSerious
11561Remove an animal that has not been quarantinedVery serious
11662Fail to destroy or to remove from Canada an animal as orderedVery serious
11769(1)(a)Export livestock, poultry, embryos or semen without the required certificateSerious
11869(1)(b)Export livestock, poultry, embryos or semen without meeting the requirements of the destination countrySerious
11969(2)Export semen that was not stored as prescribedSerious
12069(3)Export livestock, poultry, embryos or semen without the official export stamp on the certificateSerious
12169(4)Apply an official export stamp to a certificate without authorizationSerious
12271(1)Export without the consent of an inspector an animal that has not been at the place of embarkation for at least 12 hoursSerious
12373.1Fail to comply with a request to test animalsVery serious
12476(1)Move or cause to be moved a Cervidae or a bovine without the required permitVery serious
12576(2)Receive or possess a Cervidae or a bovine moved without the required permitVery serious
125.176(3)Fail to keep a copy of the required permitMinor
125.278.26Fail to produce the required permitVery serious
12679.11Fail to comply with a request to test poultry, poultry products or poultry by-productsSerious
12779.13Transport or permit to be transported day old chicks or hatching eggs into an eradication area without a certificateSerious
12879.14(1)Exhibit in a show poultry that is not identified or certified as prescribedSerious
12979.14(2)Permit to be exhibited poultry that is not identified or certified as prescribedSerious
13079.15Keep untested poultry on the premises of an approved hatchery supply flockSerious
13179.16(1)Fail to keep a record of mortalitySerious
13279.16(2)Fail to immediately submit a sample of dead birdsSerious
13379.17(1)Fail to have a primary breeding flock tested or to report the results of required testsSerious
13479.17(2)Fail to identify poultrySerious
13579.18Use hatchery to hatch game bird eggs, or have on premises game bird eggs, that do not meet the prescribed requirementsSerious
13679.19(1)(a)Operate a hatchery without a health monitored hatchery permitSerious
13779.19(1)(b)Fail to submit required fluff samples as prescribedMinor
13879.19(7)Sell chicks or remove chicks from a hatchery without permissionSerious
13979.19(8)Fail to ensure that a chick or an unhatched embryo is killed in a humane mannerSerious
14079.2Fail to submit poultry for prescribed testsSerious
14180Move a designated animal or thing without the permission of an inspectorVery serious
14283(1)Fail to isolate or muzzle a dogVery serious
14389(a)Expose an imported bird to another birdSerious
14489(b)Transport an import bird with another birdSerious
14590Fail to comply with an order to segregate an animal or an order to have an animal inspectedSerious
145.191.2(1)Fail to immediately notify the Minister of a disease as requiredSerious
145.291.2(2)Fail to include the required information with a notificationMinor
145.391.2(3)Fail to notify the Minister immediately after the end of the calendar year of a disease as requiredSerious
14691.3(a)Fail to keep a record for a period of two yearsSerious
14791.3(b)Fail to provide an inspector with a recordSerious
14891.3(c)Fail to provide an inspector with the information contained in a recordSerious
14991.4(2)(a)Remove a disease agent, an animal or a thing quarantined from the place of quarantine without authorizationVery serious
15091.4(2)(b)Allow a disease agent, an animal or a thing quarantined to come into contact with an animal without authorizationVery serious
15191.4(2)(c)Destroy a disease agent, an animal or a thing quarantined without authorizationVery serious
15291.4(2)(d)Treat or test a disease agent, an animal or a thing quarantined without authorizationVery serious
15391.4(3)Fail to notify that a quarantined animal appears sickVery serious
15491.4(4)(a)Move a disease agent or a thing that is quarantined without permissionVery serious
15591.4(4)(b)Alter the appearance of a disease agent or a thing quarantined without permissionVery serious
15691.4(4)(c)Remove a tag, sign or notice without permissionSerious
15791.4(4)(d)Open a container or remove any wrapping or cover around the disease agent or thing without authorizationVery serious
15891.4(5)(a)Transport or cause to be transported a disease agent or a thing quarantined without a licenceVery serious
15991.4(5)(b)Fail to provide the person in charge of the conveyance with a copy of the licenceSerious
16091.4(5)(c)Fail to transport a disease agent or a thing directly to the required locationVery serious
16191.4(6)Fail to comply with a noticeVery serious
16292(1)(a)Hold a sale, auction or market without the required facilitiesSerious
16393Fail to keep in a sanitary condition a sale, auction or marketMinor
16494Fail to keep prescribed records or to make them available for inspectionSerious
16595(a)Fail to identify an animalMinor
16695(b)Fail to have an animal examined and testedSerious
16795.1(1)Sell a bovine without meeting the prescribed requirementsSerious
16895.1(3)Allow the sale, auction or market of a bovine where permission has been refusedSerious
16995.1(4)(a)Fail to identify each specimen collected from a bovineMinor
17095.1(4)(b)Fail to keep a record as prescribedMinor
17195.1(4)(c)Fail to deliver a specimen and a copy of the recordMinor
17296Offer for sale an animal that is not identified as prescribedMinor
17398Fail to properly mark livestock that reacts positively to a test for a reportable diseaseVery serious
174100Place or affix without authorization a tag or a mark on an animalSerious
175101Remove or deface without authorization a tag placed on an animalVery serious
176103Break, alter, tamper with or remove without authorization a seal or other deviceSerious
177104(1)(a)(i)Fail to comply with an order to clean and disinfect a place or a buildingSerious
178104(1)(a)(ii)Fail to comply with an order to clean and disinfect a conveyanceSerious
179104(1)(b)Fail to comply with an order to clean and disinfect footwear, clothing or other thingSerious
180104(2)Fail to clean and disinfect a conveyance in which an animal that was required to be destroyed was transportedSerious
181105(1)Fail to clean and disinfect a container or crate before poultry are loadedMinor
182105(3)Fail to clean and disinfect a container before it is used againSerious
183106(1)Fail to clean and disinfect a railway car, aircraft or vesselSerious
184106(3)Fail to comply with an order to clean and disinfect a motor vehicleMinor
185106(5)Bring into Canada a conveyance used to transport an animal that has not been cleaned and disinfectedSerious
186106(6)Fail to clean and disinfect a conveyance as prescribedMinor
187106(7)Fail to comply with an order to clean and disinfect a premisesMinor
188106(8)Fail to affix notice as prescribedMinor
189108(a)Fail to completely clean a place or thingSerious
190108(b)Fail to disinfect a place or thing as prescribedMinor
191109(1)Fail to comply with an order to clean and disinfect a place where a sale, auction or market is conductedMinor
192109(2)Hold an auction, a sale or a market in a dirty place without consentMinor
193[Repealed, SOR/2016-226, s. 27]
194112Feed swine or poultry with, or permit swine or poultry to have access to, meat, meat by-products or food that is suspected to contain meat or meat by-productsVery serious
195[Repealed, SOR/2003-385, s. 2]
196114Fail to comply with an order to dispose of a carcassSerious
197117(1)Collect, store or distribute semen that is affected with or has been exposed to a communicable diseaseSerious
198117(2)Fail to destroy semen as prescribedSerious
199118Fail to comply with an order to destroy contaminated semenSerious
200119(1)Fail to keep records as prescribed or to make it available to an inspectorMinor
201119(2)Fail to keep records as prescribed or to make them available to an inspectorMinor
202119(3)Fail to maintain records in a form approved by the Minister or for a minimum period of seven yearsMinor
203120.3(1)(b)Release a veterinary biologic without the required permitVery serious
204120.6(1)Fail to provide the Minister with new informationVery serious
205121(1)Import a veterinary biologic without a permitVery serious
206121(1.1)Fail to ship a veterinary biologic directly to CanadaSerious
207122(4)(a)Fail to keep records as prescribed, to make records available to a veterinary inspector or to retain records for at least two yearsSerious
208122(4)(b)Fail to furnish the required samplesSerious
209123Prepare, manufacture, preserve, pack, label or test a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licenceVery serious
210124Manufacture a veterinary biologic without a product licenceVery serious
211128(1)Prepare, manufacture, preserve, pack, label, store or test a veterinary biologic without meeting the prescribed requirementsVery serious
212128(2)Fail to inform the MinisterSerious
213128(4)Test a veterinary biologic in an unauthorized room or buildingMinor
214128(5)Conduct a diagnostic examination or procedure in a place that does not meet the prescribed requirementsSerious
215128(6)Conduct research or experimentation in an unauthorized areaSerious
216129(1)(a)Fail to keep or make available to a veterinary inspector the prescribed recordsSerious
217129(1)(b)Fail to furnish the Minister with the required samplesSerious
218129(2)Fail to keep records for at least two yearsSerious
219130Sell a veterinary biologic or diluent that has not been prepared, manufactured, preserved, packed, labelled or tested in the manner described in the product outlineVery serious
220130.1Fail to store a veterinary biologic as prescribedSerious
221131Fail to comply with an orderVery serious
222132(1)Import, sell, advertise or offer for sale a veterinary biologic that is not packed or labelled in accordance with the prescribed requirementsSerious
223133(1)Sell, advertise or offer for sale a veterinary biologic in a container without a labelSerious
224133(3)Import a veterinary biologic in an outer container or a shipping container without a labelSerious
225134(1)Import, sell, advertise or offer for sale a veterinary biologic whose label does not show the prescribed informationSerious
226134(3)Import, sell, advertise or offer for sale a veterinary biologic whose label does not meet the prescribed language requirementsMinor
227134.1Sell or offer for sale a veterinary biologic after its expiration dateSerious
228134.2(1)Sell or offer for sale a rabies vaccine to anyone other than a veterinarianSerious
229135(1)Make a claim that is not supported by the product outlineSerious
230135(2)Misrepresent a veterinary biologic in an advertisementSerious
231135.1Fail to report to the Minister a deficiency in safety, potency or efficacy of a veterinary biologicVery serious
232138(1)Transport out of Canada a diseased animalSerious
233138(2)(a)Load, transport or cause to be loaded or transported an animal that cannot be transported without sufferingSerious
234138(2)(b)Load, transport or cause to be loaded or transported an animal that has not been fed and wateredSerious
235138(2)(c)Load, transport or cause to be loaded or transported an animal that might give birthSerious
236138(4)Continue to transport an animal that is unfit for transportSerious
237139(1)Beat an animal being loaded or unloadedVery serious
238139(2)Load, unload or cause to be loaded or unloaded an animal in a way likely to cause sufferingSerious
239139(3)Fail to maintain and use an apparatus so as not to cause suffering to animals when loading or unloading themMinor
240139(4)Use a ramp or gangway with sides of insufficient strength or heightMinor
241139(5)Use a ramp so that there is an unprotected gapMinor
242139(6)(a)Use a loading gate or chute that is not fitted with safe and secure footholdsMinor
243139(6)(b)Use a loading gate or chute that is unsuitable for loading or unloading livestockMinor
244140(1)Overload a conveyance or cause a conveyance to be overloadedSerious
245140(2)Transport or cause to be transported animals in an overcrowded conveyanceSerious
246141(1)Load a conveyance or transport animals without segregating them as prescribedSerious
247142(a)Transport or cause to be transported animals that cannot stand in their natural positionMinor
248142(b)Transport or cause to be transported animals without adequate drainage or absorption of urineMinor
249143(1)(a)Transport or cause to be transported an animal in a conveyance that is constructed inadequatelySerious
250143(1)(b)Transport or cause to be transported an animal where insecure fittings or projections could cause injurySerious
251143(1)(c)Transport or cause to be transported an animal where inadequately padded, fenced off or obstructed fittings could cause injurySerious
252143(1)(d)Transport or cause to be transported an animal with undue exposure to weatherSerious
253143(1)(e)Transport or cause to be transported an animal with inadequate ventilationSerious
254143(2)(a)Transport or cause to be transported livestock in a conveyance without sand or secure footholdsMinor
255143(2)(b)Transport or cause to be transported livestock without beddingMinor
256143(4)Fail to have facilities on board a vessel to protect an equine from sea-sicknessVery serious
257144(1)Transport, load or cause to be transported or loaded an animal in a container that does not meet the prescribed requirementsSerious
258144(2)Transport, load or cause to be transported or loaded an animal in a container not equipped with the required signMinor
259144(3)Fail to properly secure a containerSerious
260145Fail to maintain or have access to required facilitiesMinor
261146Fail to provide adequate ventilation, in the case of an aircraftVery serious
262147Fail to provide adequate ventilation, in the case of a vesselVery serious
263148(1)(a)Confine a monogastric animal in a conveyance for longer than 36 hours without meeting the requirements of subsection 148(7) of the Health of Animals RegulationsSerious
264148(1)(b)Confine a ruminant in a conveyance for longer than 48 hours without meeting the requirements of subsection 148(7) of the Health of Animals RegulationsSerious
265148(3)Confine chicks without food or water for longer than 72 hoursSerious
266148(4)Re-load livestock without the required rest period of not less than five hours, fail to provide livestock with sufficient water and food while resting or fail to add bedding to a conveyance before re-loading livestockSerious
267148(5)Unload livestock into a pen that does not meet the prescribed requirementsSerious
268148(6)(a)Fail to provide sufficient food or water for the duration of the voyageSerious
269148(6)(b)Fail to provide additional food or waterSerious
270148(6)(c)Fail to store food or water as prescribedSerious
271148(6)(d)Fail to provide sufficient water pipes or tapsSerious
272149Fail to provide suitable food or water to calvesSerious
273150Fail to report an injured animalSerious
274151(1)Fail to record as prescribedMinor
275151(2)Fail to produce a copy of the recordSerious
276151(3)(a)Fail to keep records for a period of two yearsMinor
277151(3)(b)Fail to provide records to an inspectorMinor
278151(3)(c)Fail to provide informationMinor
279152(1)Fail to have the required ship’s crew on a vesselSerious
280152(2)Fail to have a veterinary inspector on a vessel or an aircraftSerious
281152(3)Fail to notify a veterinary inspector of the time of departure of the vessel or of the names of the required crewSerious
282152(4)Fail to report to a veterinary inspectorSerious
283153(1)(a)Transport or cause to be transported animals aboard a vessel on more than three decks without an additional deck specially fittedSerious
284153(1)(b)Transport or cause to be transported animals aboard a vessel on a deck exposed to the weatherSerious
285153(1)(c)Transport or cause to be transported animals aboard a vessel on a structure not suited for their transportSerious
286153(1)(d)Transport or cause to be transported animals in a part of the vessel where their presence would interfere with management, ventilation, operation or safety of the vesselSerious
287153(1)(e)Transport or cause to be transported animals aboard a vessel on a hatch above other animalsSerious
288153(1)(f)Transport or cause to be transported animals aboard a vessel on a hatch where there is no other access to the space belowSerious
289153(2)(a)Load freight or feed for animals on a hatch above animalsMinor
290153(2)(b)Fail to keep the required space free and clearMinor
291153(2)(c)Fail to provide adequate passagewaysMinor
292154(a)Fail to tie a bovine as prescribedMinor
293154(b)Fail to tie an equine as prescribedMinor
294154(c)Fail to transport sheep, goats or swine in pens or enclosed containersMinor
295155Fail to comply with an orderSerious
296156Fail to provide adequate lightingSerious
297157Transport or cause to be transported animals near the engine or boiler room where casings are not adequately isolatedSerious
298158(1)(a)Fail to provide a suitable humane killing device in good working orderSerious
299158(1)(b)Fail to provide an adequate quantity of ammunitionSerious
300158(2)Fail to destroy an injured animal by means of the prescribed killing deviceSerious
301159Fail to provide a sufficient quantity of veterinary drugsSerious
302160.1Fail to comply with the conditions contained in a permit or licenceSerious
303161(4)Sell or transfer a licence to another personSerious
303.001164Feed prohibited material to a ruminantVery serious
303.002165(1)Operate a rendering plant without a permitVery serious
303.0021165(1.1)Manufacture a prohibited material in a rendering plant without having required dedicated lines, equipment and conveyancesVery serious
303.003165(2)Fail to keep the prescribed recordsVery serious
303.004165(4)Distribute or sell a product of a rendering plant that contains prohibited material without the prescribed documentation or labelVery serious
303.005166(1)Import a product of a rendering plant without a permitVery serious
303.006166(2)Fail to keep the required recordsVery serious
303.007167Sell or distribute a product of a rendering plant without prescribed documentation or labellingVery serious
303.008168Import, manufacture, package, label, store, distribute, sell or advertise for sale animal food for ruminants that contains prohibited materialVery serious
303.009169Import, manufacture, package, store, distribute, sell or advertise for sale animal food that contains prohibited material without prescribed documentation or labellingVery serious
303.01170(1)Fail to have procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited materialVery serious
303.011170(2)(a)Fail to follow procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited materialVery serious
303.012170(2)(b)Fail to keep the required recordsVery serious
303.013170(3)Fail to change records or labels as requiredVery serious
303.014171(1)Fail to keep the prescribed recordsVery serious
303.015171(2)Fail to keep the prescribed recordsVery serious
303.016174.1Sell or distribute approved tags without reporting the required information to the administrator within the prescribed timeSerious
303.1175(1.1)Fail to ensure that an approved tag applied to an animal or to the carcass of an animal is for the species of that animal and corresponds to the animal or carcass for which it was issuedSerious
303.11175(1.2)Fail to ensure that an approved tag is applied to an animal in the prescribed mannerMinor
303.2175.1(1)Fail to keep the required recordSerious
303.12175.01(1)Fail to ensure that an approved tag is applied to a pig before it is removed from a siteMinor
303.13175.01(5)Fail to ensure in the prescribed circumstances that an approved tag or an approved slap tattoo is applied to a pig before it is moved from a siteMinor
303.14175.01(6)Fail to ensure that an approved tag is applied to a pig in the prescribed circumstancesMinor
303.15175.01(7)Fail to ensure that an indicator that meets the prescribed requirements is applied to a pig before exportationMinor
303.16175.01(8)Fail to ensure that a pig carcass is accompanied by required information in the required formMinor
303.3175.1(3)Fail to keep the required recordSerious
303.4175.1(4)Fail to keep the required record for the prescribed periodSerious
303.5175.2(1)Fail to report the required information within the prescribed time when pigs are transported from one site to anotherMinor
303.6175.2(3)Fail to report the required information within the prescribed time when pigs leave a site where an approved tag or approved slap tattoo is applied to a pigMinor
303.7175.2(4)Fail to report the required information within the prescribed time when pigs are transported from a site to an abattoirMinor
303.8175.2(5)Fail to report the required information within the prescribed time when pig carcasses are transported from a site to another siteMinor
303.9175.3Fail to keep the required record for the prescribed periodMinor
303.91175.4Fail to keep the required record for the prescribed periodMinor
304176Remove or cause the removal, from a site, of a bison, bovine or ovine or its carcass not bearing an approved tagMinor
304.1176.1Remove or cause the removal from a site of a pig not identified in the prescribed mannerMinor
305177(1)Transport or cause the transportation of a bison, bovine or ovine or its carcass not bearing an approved tagMinor
306177.1(1)Transport or cause the transportation of a pig not identified in the prescribed mannerMinor
307[Repealed, SOR/2008-183, s. 4]
308178(1)Apply or cause the application of an approved tag to an animal or animal’s carcass that is not at the site for which the tag was issuedSerious
308.1178(1.1)Apply or cause the application of an approved slap tattoo or an indicator to a pig that is not at the site in respect of which the approved slap tattoo or indicator was issuedSerious
309179Remove or cause the removal of an approved tag, or an approved tag that has been revoked, from an animal or its carcassSerious
310180Transfer or cause the transfer of an approved tag to another animal or animal’s carcassSerious
310.1180.1Apply or cause the application of an approved tag to an animal or the carcass of an animal that is not listed in the definition animal in section 172 of the Health of Animals RegulationsSerious
311181Alter an approved tag or make its identification number unreadableSerious
312182Make, sell or provide a tag, chip or other indicator that resembles an approved tagVery serious
312.1183(2)(b)Fail to ensure that an approved tag is applied to a bison or bovine immediately after its arrival at the tagging siteMinor
312.11183(2)(c)Fail to keep or make available the required recordsSerious
313184(1)Fail to immediately apply a new approved tag to an animal that does not bear an approved tag, bears a revoked tag or has lost its approved tagMinor
313.1184(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
314185(1)Fail to keep a record for an animal or animal’s carcass with a new approved tagMinor
314.1185(3)Fail to report the number of the new approved tag and the previously applied approved tag to the administrator in the prescribed timeMinor
314.2185(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
315186(1)(b)Fail to report the death of a bison or bovine and the number of the approved tag to the administrator within the prescribed timeMinor
316186(2)Fail to maintain the ability to identify the animal’s carcass during the prescribed timeMinor
317186(3)Fail to keep a record of the death and the number of the approved or revoked tag of an animal that is slaughtered or otherwise dies at a siteMinor
317.1186(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
318187(1)(b)Fail to report the number of the approved tag or revoked tag of a carcass to the administrator within the prescribed timeMinor
319187(2)Fail to collect and report the prescribed information about a carcass to the administrator within the prescribed timeMinor
319.1187(3)Fail to report the prescribed information to the administrator in the prescribed timeMinor
320188(1)Fail to report the number of an approved tag applied to an exported bison or bovine to the administrator within the prescribed timeMinor
320.1188(2)Fail to report the prescribed information on exported pigs to the administrator within the prescribed timeMinor
321189(1)(a)Fail to apply or cause the application of an approved tag to an imported animal in the prescribed timeMinor
322189(1)(b) and (c) and 189(2)Fail to report the prescribed information on an imported animal to the administrator within the prescribed timeMinor

DIVISIONS 3 AND 4[Repealed, SOR/2016-226, s. 64]

PART 2Plant Protection Act and Regulations Under the Plant Protection Act

DIVISION 1Plant Protection Act
  • (S.C. 1990, c. 22)

Column 1Column 2Column 3
ItemProvision of Plant Protection ActShort-form DescriptionClassification
15Fail to notify the Minister of the existence of a thing that the person suspects to be a pest or to provide a specimen of a suspected pestSerious
26(1)Move, grow, raise, culture or produce a thing without permissionVery serious
2.16(3)Fail to comply with the prescribed noticeVery serious
37(1)Fail to present a thing for inspectionVery serious
3.18(1)Fail to comply with the prescribed noticeVery serious
49(1)Possess or dispose of a thing that was unlawfully importedVery serious
5[Repealed, SOR/2016-226, s. 68]
615(3)(d)Fail to comply with a prohibition or restriction imposed under an order imposed by the MinisterVery serious
723(1)Obstruct, hinder or make a false or misleading statement to an inspectorVery serious
823(2)Fail to provide reasonable assistance to an inspector or furnish an inspector with informationSerious
8.124(2)Fail to comply with the prescribed noticeVery serious
8.230(2)Fail to comply with the prescribed noticeVery serious
931Move, alter or interfere with a seized thingVery serious
1036(3)Fail to comply with the prescribed noticeVery serious

DIVISION 2Potato Production and Sale (Central Caanich) Restriction Regulations
  • (SOR/82-186)

Column 1Column 2Column 3
ItemProvision of Potato Production and Sale (Central Saanich) Restriction RegulationsShort-form DescriptionClassification
13(1)(a)Seed, plant, grow, produce or harvest potatoes within a prescribed prohibited areaVery serious
23(1)(b)Sell or dispose of potatoes seeded, planted, grown, produced or harvested within a prescribed prohibited areaVery serious

DIVISION 3Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations
  • (SOR/82-448)

Column 1Column 2Column 3
ItemProvision of Eggplants and Tomatoes Production (Central Saanich) Restriction RegulationsShort-form DescriptionClassification
12Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited areaVery serious

DIVISION 4Plant Protection Regulations
  • (SOR/95-212)

Column 1Column 2Column 3
ItemProvision of Plant Protection RegulationsShort-form DescriptionClassification
15(4)Fail to comply with the conditions of an authorizationVery serious
26(3)Possess, hold or control a seal without authorizationSerious
37(1)Remove, break, alter or tamper with a seal without authorizationVery serious
47(3)Fail to ensure that a seal is not removed, broken, altered or tampered withVery serious
58Misuse documentsSerious
69Possess, have custody or control of or use a false or improperly obtained documentVery serious
7[Repealed, SOR/2016-226, s. 73]
813(1)(a)Alter or deface a notice of quarantine or a quarantine tag or erase information thereonVery serious
913(1)(b)Remove a quarantine tagVery serious
1014(1)Contravene quarantine conditionsVery serious
1117(4)(a)Fail to treat or process a thing in accordance with a noticeVery serious
1217(4)(b)Fail to ensure that a pest or biological obstacle is eradicated or to prevent the spread of a pest or a biological obstacleVery serious
1319Fail to comply forthwith with a removal requirementVery serious
1420(2)Fail to comply with the prescribed noticeVery serious
1521(2)Fail to comply with the prescribed noticeVery serious
1622(a)Enter, move within or leave an infested place without authorizationVery serious
1722(b)Move a thing without authorizationVery serious
17.123(b)Fail to comply with the prescribed noticeVery serious
1825(1)(a)Alter or deface a notice of detention or a detention tag or erase information thereonVery serious
1925(1)(b)Remove a detention tag without authorizationVery serious
2025(1)(c)Undertake an activity in respect of a detained thing without authorizationVery serious
20.127(2)Fail to comply with the prescribed noticeVery serious
20.227(3)Fail to treat or to cause to be treated as requiredVery serious
2127(5)Undertake an unapproved activity in respect of a thing that is required to be disposed ofSerious
2229(1)Import a thing without a permit number or without a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-exportSerious
2334(1)Fail to comply with the import permit conditionsVery serious
2436(a)Fail to furnish records where required by permitSerious
2536(b)Fail to retain records where required by permitSerious
2638(a)Fail to treat or process a thing at origin as prescribedSerious
2738(b)Fail to treat or process a thing in a specified or required manner and placeSerious
2839Fail to declare as prescribedSerious
2940(4)(a)Move an imported thing to an unauthorized placeSerious
3040(4)(b)Open a conveyance or unpack a package without authorizationSerious
31[Repealed, SOR/2016-226, s. 78]
3242(2)Import a prohibited thingVery serious
3343(3)(a)Fail to ensure non-spread of a pest or biological obstacleVery serious
3443(3)(b)Fail to destroy or ensure non-viability of a pest or a biological obstacleVery serious
3543(4)Import a thing for a special purpose without meeting the prescribed conditionsVery serious
3645(2)(a)Fail to obtain a Movement CertificateVery serious
3745(2)(b)Fail to comply with the conditions of a Movement CertificateVery serious
3845(3)Fail to comply with the conditions of a Movement Certificate prior to movementVery serious
3946(1)Alter or deface a Movement Certificate or erase information or statement thereonVery serious
4046(3)Substitute a thing for the thing for which a Movement Certificate was issuedVery serious
4150(1)Move a thing named in Schedule I to the Plant Protection RegulationsVery serious
4250(2)Move a pest named in Schedule I to the Plant Protection RegulationsVery serious
4350(3)Move a pest named in Schedule II to the Plant Protection Regulations within or outside an area specified in that ScheduleVery serious
4451Move a thing without meeting the requirements prescribed in Schedule II to the Plant Protection RegulationsVery serious
4553(1)Undertake an activity in contravention of a Ministerial Order or Declaration of Infested Place NoticeVery serious
4654(4)(a)Move a thing for a special purpose that is not packed, identified or contained as prescribed, or contrary to the conditions of a Movement CertificateVery serious
4754(4)(c)Move a thing to a place other than as specified in the Movement CertificateVery serious
4854(4)(d)Fail to deal with a thing as specified in the Movement CertificateVery serious
4955(2)Fail to obtain an export document as prescribedSerious
5055(4)Possess, hold or control a Canadian Phytosanitary Certificate Seal or facsimile thereof without authorizationVery serious
5155(5)Alter or deface a Canadian Phytosanitary Certificate or a Canadian Phytosanitary Certificate for Re-export or erase information or statement thereonVery serious
5255(7)Substitute a thing for the thing for which a certificate or other document was issuedVery serious
5356(1)Fail to obtain an Export Permit as prescribedVery serious
5457Fail to meet the phytosanitary requirements of the importing countryVery serious
5558(2)Load or complete the loading without approval as prescribedVery serious

PART 3Meat Inspection Act and Meat Inspection Regulations, 1990

DIVISION 1Meat Inspection Act
  • (R.S., c. 25 (1st Supp.))

ItemColumn 1Column 2Column 3
Provision of Meat Inspection ActShort-form DescriptionClassification
13(2)Operate a registered establishment without a licenceVery serious
25(a)Apply or use a meat inspection legend without authorizationVery serious
35(b)Advertise, sell or possess for such a purpose a thing bearing, or in connection with which it is used, the meat inspection legend without authorizationVery serious
46(a)Apply or use any legend, word, mark, symbol or design likely to be mistaken for the meat inspection legendVery serious
56(b)Advertise, sell or possess for such a purpose a thing bearing, or in connection with which it is used, any legend, word, mark, symbol or design likely to be mistaken for the meat inspection legendSerious
67Export a meat product without meeting requirementsSerious
78Send or convey a meat product interprovincially without meeting requirementsSerious
89(1)Import a meat product without meeting requirementsSerious
99(2)Fail to deliver an imported meat product for inspectionVery serious
109(3)(a)Possess an imported meat product that has been unlawfully importedVery serious
119(3)(b)Possess an imported meat product that has not been delivered to a registered establishment for inspectionVery serious
1210(1)(a)Advertise, sell or possess for such a purpose a meat product that has been unlawfully importedVery serious
1310(1)(b)Advertise, sell or possess an imported meat product that has not been delivered to a registered establishment for inspectionSerious
1410(2)(a)Advertise, sell or possess for such a purpose a meat product that has been conveyed interprovincially without meeting the prescribed standards or without being packaged and labelled as prescribedSerious
1510(2)(b)Advertise, sell or possess for such a purpose a meat product bearing, or in connection with which it is used, the meat inspection legend without meeting the prescribed standards or without being packaged and labelled as prescribedSerious
1613(2)Fail to give all reasonable assistance or to furnish information to the inspectorSerious
1714(1)Obstruct or hinder inspector or make a false or misleading statement to inspectorVery serious
1814(2)Remove, alter or interfere with an item seized or detained by an inspector without authorityVery serious

DIVISION 2Meat Inspection Regulations, 1990
  • (SOR/90-288)

ItemColumn 1Column 2Column 3
Provision of Meat Inspection Regulations, 1990Short-form DescriptionClassification
12.1Fail to submit a document in writing in the prescribed mannerMinor
24Identify as edible a meat product that does not comply with prescribed requirementsVery serious
322.1Fail to prepare meat products in accordance with prescribed process control requirementsSerious
426(1)Identify for use as animal food a meat product that does not comply with prescribed requirementsSerious
529(11)Transfer a licence to another personMinor
629(12)Fail to keep and retain records of specific activities or proceduresSerious
730.1(1)Fail to develop, implement and maintain control programs and procedures as prescribedVery serious
830.1(2)Fail to keep records relevant to the prescribed control programs and proceduresVery serious
930.2Fail to operate a shared inspection program or a post-mortem examination program as prescribedSerious
1031Fail to make available to an inspector any food animal, meat product or thing used in connection with a food animal or meat productVery serious
1134(1)Fail to possess and maintain equipment and material necessary to operate the establishmentVery serious
1234(2)Fail to develop, implement or maintain a written sanitation programSerious
1334(2.2)Fail to keep records of monitoring and verification activities and corrective or preventative actionsSerious
1434(10)Fail to develop, implement or maintain pest control program as prescribedSerious
1543.1Prepare a food that is a mixture of a fish product and a meat product in a registered establishmentSerious
1656(1)(a)Fail to clean and sanitize hands as prescribedSerious
1756(1)(b)Fail to keep clothing sanitary as prescribedSerious
1856(2)Fail to adhere to hygienic practicesSerious
1956(3)Fail to wear clothing and footwear that are sound, clean and in a sanitary conditionSerious
2056(4)Fail to wear a hair covering or a beard and moustache coveringMinor
2156(5)Spit, chew gum, smoke or consume tobacco products or consume foodSerious
2256(6)Wear an object or use a substance that may fall into or contaminate a meat product or ingredientSerious
2357(1)Fail to ensure that person with medical condition does not work in an area where there is a risk of contaminationVery serious
2457(2)Fail to report symptoms of condition that could be transmitted through a meat productVery serious
2557.1(1)Fail to ensure that personnel are trained or qualified to perform their dutiesSerious
2657.1(2)Fail to develop, carry out and keep up-to-date a written training program as prescribedMinor
2757.1(4)Fail to keep records of the training of personnel as prescribedMinor
2857.2Fail to carry out control programs as prescribedSerious
2958(1)Fail to ensure that low-acid meat product is thermally processed until commercial sterility is achievedVery serious
3059(a)Fail to keep a written description of scheduled process and recipe of processed low-acid meat productVery serious
3159(b)Fail to keep a written description of scheduled process and recipe of processed low-acid meat product for at least three yearsVery serious
3259(c)Fail to keep in an establishment a written description of operation and maintenance procedures for units of thermal processing equipment as prescribedVery serious
3359(d)Fail to keep in an establishment a written description of a low-acid meat product recall procedureVery serious
3459(e)Fail to produce on inspector’s request a written statement regarding scheduled processVery serious
3559(f)Fail to retain records containing the prescribed minimum information for product history for at least three yearsMinor
3659(g)Fail to notify an inspector when a low-acid meat product is to be recalledVery serious
3760Fail to ensure that a low-acid meat product packaged in a hermetically sealed container is processed as prescribedVery serious
3860.1(1)Fail to investigate or notify an inspector when a meat product might constitute a risk to public health or might not meet requirements of RegulationsVery serious
3960.1(2)Fail to immediately notify the President when investigation indicates a meat product constitutes a risk to the public healthVery serious
4060.2(1)Fail to develop, implement or maintain written procedures for the recall as prescribedSerious
4160.2(2)Fail to develop and maintain product distribution recordsSerious
4260.2(3)Fail to review product recall procedures or to conduct a product recall simulation at least once a yearMinor
4360.2(4)Fail to make available to the inspector the product recall procedures, the product recall simulation results and the product distribution records for the prescribed minimum periodVery serious
4460.3Fail to prepare the written procedures as prescribed or to maintain prescribed records for receiving, insvestigating and responding to complaintsMinor
4567(1)Fail to perform ante-mortem examination of a bird under supervision of official veterinarian, as prescribedSerious
4667(4)Fail to present a bird at the request of an inspector for ante-mortem inspectionVery serious
4767(5)Fail to wait for an inspector’s requested ante-mortem inspection and authorization before slaughtering a birdVery serious
4867(8)Fail to comply with instructions from an official veterinarianVery serious
4968Fail to comply with instructions from an official veterinarian that a food animal must be condemned or held and segregatedVery serious
5073Fail to ensure that every food animal designated as held is segregated and identified as being held or any carcass derived from it is identified as being heldSerious
5180(a)Use of equipment or instrument for restraining, slaughtering or rendering unconscious any food animal by a person who is not competent to do so without sujecting the animal to avoidable distress or avoidable painSerious
5280(b)Use of equipment or instrument on any food animal in condition, manner or circumstances that might subject the animal to avoidable distress or avoidable painSerious
5382Fail to ensure that the blood and parts of a food animal carcass are identified as prescribedSerious
5483(1)Fail to ensure that the carcass of a food animal and all the blood harvested for processing as edible meat product are presented for examination or inspectionVery serious
5583(4)Fail to comply with instructions from an official veterinarianVery serious
5685(1)Fail to ensure that the carcass of, parts of the carcass of, or blood harvested from a food animal identified as condemned is handled as prescribedSerious
5786(1)Fail to ensure that a condemned part of the carcass of a food animal is removed from the carcass and handled as prescribedSerious
5888(b)Without an inspector’s consent, treat as condemned a meat product identified as being heldSerious
5989Fail to ensure that meat product is packaged and labelled as prescribedSerious
60121Identify as edible a meat product intended for export that does not meet the requirements of the importing country and is not packaged and labelled as prescribedVery serious
61122(1)Fail to package and label a meat product intended for export in accordance with the requirements of the importing country or as prescribedSerious
62122(2)Fail to ensure that a meat product produced for export, that does not meet the requirements for an edible meat product in Canada, is packaged and labelled as prescribed and is labelled as being for exportMinor
63122.2Fail to follow the prescribed procedure for the return to Canada of a meat product that was exported from CanadaSerious
64124Fail to present a meat product to an inspector for verification at the time and place of its removalSerious
65130(1)Remove or alter an official seal or tag without authorizationVery serious
66131(1)Fail to provide the inspector with requested samplesVery serious
  • SOR/2002-183, s. 1;
  • SOR/2003-256, ss. 2 to 4;
  • SOR/2003-385, ss. 1, 2;
  • SOR/2004-40, s. 1;
  • SOR/2005-190, ss. 2 to 4;
  • SOR/2008-183, ss. 1(F), 2 to 8;
  • SOR/2014-173, s. 1;
  • SOR/2016-226, ss. 10 to 57, 58(F), 59 to 71, 72(E), 73 to 80.

SCHEDULE 2(Subsection 5(3))

Penalty Adjustments

Column 1Column 2
ItemTotal Gravity ValuePenalty Adjustment
11Reduce penalty 50%
22Reduce penalty 40%
33Reduce penalty 30%
44Reduce penalty 20%
55Reduce penalty 10%
66-10Do not adjust penalty
711Increase penalty 10%
812Increase penalty 20%
913Increase penalty 30%
1014Increase penalty 40%
1115Increase penalty 50%

SCHEDULE 3(Section 6)Total Gravity Value

PART 1

History

Column 1Column 2
ItemGravity ValueHistory
10No previous violation under, or conviction for an offence committed under, agri-food Acts in the five years before the day on which the violation subject to the assessment is committed
23One previous minor or serious violation has been committed under agri-food Acts in the five years before the day on which the violation subject to the assessment is committed
35The history in the five years preceding the day on which the violation subject to the assessment is committed is other than the history set out in item 1 or 2.

PART 2

Intent or Negligence

Column 1Column 2
ItemGravity ValueIntent or Negligence
10The violation subject to the assessment is committed without intent or negligence.
20The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its re-occurrence.
33The violation subject to the assessment is committed through a negligent act.
45The violation subject to the assessment is committed through an intentional act.

PART 3

Harm

Column 1Column 2
ItemGravity ValueHarm
11The violation subject to the assessment causes or could cause minor harm to
  • (a) human, animal or plant health or the environment; or

  • (b) any person as a result of false, misleading or deceptive practices.

23The violation subject to the assessment could cause
  • (a) serious or widespread harm to human, animal or plant health or the environment;

  • (b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or

  • (c) serious monetary losses to any person.

35The violation subject to the assessment causes
  • (a) serious or widespread harm to human, animal or plant health or the environment;

  • (b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or

  • (c) serious monetary losses to any person.

  • SOR/2010-215, s. 2;
  • SOR/2012-64, s. 1;
  • SOR/2014-173, s. 2;
  • SOR/2016-226, s. 81.
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