Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations
SOR/2001-132
AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2001-04-04
Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations
The Minister of Health, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a and the Order Transferring from the Minister of Agriculture and Agri-Food to the Minister of Health the powers, duties and functions under the Agriculture and Agri-Food Administrative Monetary Penalties Act in relation to the Pest Control Products ActFootnote b, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations.
Return to footnote aS.C. 1995, c. 40
Return to footnote bSI/2000-94
March 29, 2001
Interpretation
1 The following definitions apply in these Regulations.
- Act
Act means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)
- minor harm
minor harm means actual or potential harm, the effects of which can be reversed at a cost not exceeding $1,000. (tort mineur)
- serious harm
serious harm means actual or potential harm which does not constitute minor harm. (tort grave)
Violations
2 The contravention of a provision, set out in column 1 of Part 1 of Schedule 1, of the Pest Control Products Act or a provision, set out in column 1 of Part 2 of that Schedule, of the Pest Control Products Regulations is a violation that may be proceeded with in accordance with the Act.
Short-form Descriptions
3 As established by the Minister under paragraph 6(b) of the Act, the short-form description to be used in notices of violation in respect of each violation of a provision that is set out in column 1 of Schedule 1 is set out in column 2.
Classification
4 The classification of a violation as a minor violation, serious violation or very serious violation of a provision set out in column 1 of Schedule 1 is as set out in column 3.
Penalties
5 (1) The amount of the penalty in respect of a violation committed by an individual otherwise than in the course of business and that is not committed to obtain a financial benefit is
(a) $100, for a minor violation;
(b) $200, for a serious violation; and
(c) $400, for a very serious violation.
(2) The amount of the penalty in respect of a minor violation committed by a person in the course of business or in order to obtain a financial benefit is $500.
(3) The amount of the penalty in respect of a violation committed by a person in the course of business or in order to obtain a financial benefit is $2,000 for a serious violation and $4,000 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 an item of Schedule 2 in accordance with the adjustment set out in column 2.
6 The total gravity value in respect of each serious violation 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 offences as described in column 2 of Part 1 of Schedule 3,
(ii) the degree of intent or negligence on the part of the person who committed the violation as described in column 2 of Part 2 of Schedule 3, and
(iii) the harm that was or could be done by the violation as described in column 2 of Part 3 of Schedule 3;
(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i) to (iii), the applicable gravity value that is set out in column 1 of Parts 1 to 3 of Schedule 3; and
(c) adding the gravity values obtained under paragraph (b).
Compliance Agreements
7 (1) Subject to subsection (2), if the Minister enters into a compliance agreement under subsection 10(1) of the Act 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 under subsection 10(4) of the Act shall be paid within 15 days after service of the notice in a manner prescribed in subsection 10(3) of these Regulations.
Service of Documents
8 (1) Service of any document originating from the Minister, including a notice of violation, on an individual named in the document may be made
(a) personally, by delivering a copy of it
(i) to the individual at any place, or
(ii) if the individual cannot conveniently be found, to 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 and the day on which the document is left with the member of the household is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.
(2) Service of a notice of violation on a person other than an individual may be effected by
(a) sending a copy of it by registered mail, courier or fax 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 document is sent by fax or other electronic means, a copy of it shall also be sent by registered mail.
9 A person who signs a certificate of service, in a form approved by the Minister, stating that the notice of violation was served on the person named in the certificate and the means by which service was effected is deemed to have served the document:
(a) where the document is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service;
(b) where the document is sent by fax or other electronic means, on the day it is sent.
Payment
10 (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of any penalty within 30 days after the day on which the notice is served.
(2) A person named in a notice of violation that contains a penalty may pay an amount equal to one half of the penalty if the person pays the amount within 15 days after the day on which the notice is served.
(3) For the purposes of the Act and these Regulations, the payment of a penalty or an amount in default shall be made by means of a certified cheque or money order made payable to the Receiver General for Canada and may be made
(a) in person;
(b) by regular mail;
(c) by registered mail; or
(d) by courier.
(4) A payment made in accordance with subsection (3) is deemed to be made
(a) on the day on which it is made in person;
(b) on the date indicated in the postmark stamped on the envelope, if the amount is sent by regular mail; and
(c) on the date indicated in the receipt issued by the postal or courier service, if the payment is sent by registered mail or courier.
Review and Compliance Agreements
11 (1) If a person named in a notice of violation that contains a warning requests, under 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) If a person named in a notice of violation that contains a penalty requests, under 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.
12 If a person is notified that the Minister refuses to enter into a compliance agreement, the person may, within 15 days after the day on which the notice is served,
(a) pay the amount of the penalty set out in the notice of violation; or
(b) request, in writing, a review by the Tribunal of the facts of the violation referred to in the notice of violation.
13 If, after concluding a review requested under subsection 8(1) or 9(2) of the Act, the Minister notifies a person that it is the Minister’s decision that the person committed the violation, the person may
(a) request, in writing, within 15 days after the day on which the notice is served, a review of the Minister’s decision by the Tribunal; or
(b) if the review is in respect of a penalty and the decision maintains the penalty or corrects the amount of the penalty in accordance with subsection 13(1) of the Act, pay the penalty or the corrected amount, within 15 days after the day on which the notice is served in a manner prescribed in subsection 10(3).
14 (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, fax or other electronic means to a recipient and place authorized by the Minister.
(2) If a person makes a request, the date of the request is
(a) the day on which the request is delivered to the authorized recipient, if the request is delivered by hand;
(b) the earlier of the day on which the request is received by the authorized recipient and the date indicated in the receipt issued by the postal or courier service, if the request is sent by registered mail or courier; or
(c) the date that appears on the fax or other electronic transmission.
(3) Where a request is sent by fax or by other electronic means, a copy of the request shall be sent by registered mail.
Review by Tribunal
15 (1) A review by the Tribunal shall be conducted orally if 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 if, in the Tribunal’s opinion, its deliberations will be assisted by those means.
(3) If 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, as the case may be, within the time and in the manner specified in the Tribunal’s order.
Coming into Force
16 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Pest Control Products Regulations
PART 1
Pest Control Products Act (R.S. 1985, C. P-9)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Pest Control Products Act | Short-form Description | Classification |
| 1 | 4(1) | Manufacture, store, display, distribute or use a control product under unsafe conditions | Very serious |
| 2 | 4(2) | (a) Package or label a control product in a false, misleading or deceptive manner | Serious |
| (b) Advertise a control product in a false, misleading or deceptive manner | Minor | ||
| 3 | 5(1)(a) | Import or sell a control product not registered as prescribed | Very serious |
| 4 | 5(1)(b) | Import or sell a control product not conforming to prescribed standards | Very serious |
| 5 | 5(1)(c) | (a) Import or sell a control product not packaged as prescribed | Serious |
| (b) Import a control product not labelled as prescribed | Serious | ||
| (c) Sell a control product not labelled as prescribed | Very serious | ||
| 6 | 8(2) | Fail to give all reasonable assistance to an inspector or to provide an inspector with information | Minor |
| 7 | 9(1) | Hinder an inspector | Very serious |
| 8 | 9(2) | Make false or misleading statements to an inspector or officer | Serious |
| 9 | 9(3) | Remove from detention a control product without authorization | Very serious |
PART 2
Pest Control Products Regulations (C.R.C., C. 1253)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Pest Control Products Regulations | Short-form Description | Classification |
| 1 | 6 | Import, sell or use an unregistered control product | Very serious |
| 2 | 6.1 | Fail to amend the certificate of registration of a control product on request | Minor |
| 3 | 11(a) | Fail to provide a sample of a control product | Minor |
| 4 | 11(b) | Fail to provide a sample of the technical grade of a control product’s active ingredient | Minor |
| 5 | 11(c) | Fail to provide a sample of a laboratory standard | Minor |
| 6 | 26 | Fail to make a record of all quantities of a control product stored, manufactured or sold | Minor |
| 7 | 26(a) | Fail to retain the record for three years of all quantities of a control product stored, manufactured or sold | Minor |
| 8 | 26(b) | Fail to make a record of all quantities of a control product stored, manufactured or sold available on request | Minor |
| 9 | 27(1) | Use an unapproved label on a control product | Serious |
| 10 | 43 | Fail to store or display a control product in accordance with the conditions on the label | Serious |
| 11 | 45(1) | Use a control product in a manner that is inconsistent with the label | Very serious |
| 12 | 45(2) | Use a control product imported for own use in a manner that is inconsistent with the conditions on the importer’s declaration | Very serious |
| 13 | 45(3) | Use a control product designed for manufacturing use for any purpose other than manufacturing when it is exempt from registration | Very serious |
| 14 | 46(1) | Package a control product not as prescribed | Serious |
| 15 | 47(1) | (a) Fail to have a control product conform to the specifications in the register of control products | Very serious |
| (b) Fail to have a control product bearing the label contained in the register of control products | Very serious | ||
| 16 | 53(3) | Alter or remove a detention tag without authorization | Very serious |
SCHEDULE 2(Subsection 5(3))
Penalty Adjustments
| Column 1 | Column 2 | |
|---|---|---|
| Item | Total Gravity Value | Penalty Adjustment |
| 1 | 1 | Reduce penalty by 50% |
| 2 | 2 | Reduce penalty by 40% |
| 3 | 3 | Reduce penalty by 30% |
| 4 | 4 | Reduce penalty by 20% |
| 5 | 5 | Reduce penalty by 10% |
| 6 | 6-10 | Do not adjust penalty |
| 7 | 11 | Increase penalty by 10% |
| 8 | 12 | Increase penalty by 20% |
| 9 | 13 | Increase penalty by 30% |
| 10 | 14 | Increase penalty by 40% |
| 11 | 15 | Increase penalty by 50% |
SCHEDULE 3(Section 6)Total Gravity Value
PART 1
History of Prior Violations or Offences
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | History |
| 1 | 0 | No previous violations or offences have been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation or offence subject to the assessment is committed. |
| 2 | 3 | No more than one previous minor or serious violation has been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation or offence subject to the assessment is committed. |
| 3 | 5 | The history in the three years preceding the day on which the violation or offence subject to the assessment is committed is other than the history described in item 1 or 2. |
PART 2
Intent or Negligence
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Intent or Negligence |
| 1 | 0 | The violation subject to the assessment is committed without intent or negligence. |
| 2 | 0 | The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its recurrence. |
| 3 | 3 | The violation subject to the assessment is committed through a negligent act. |
| 4 | 5 | The violation subject to the assessment is committed through an intentional act. |
PART 3
Harm
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Harm |
| 1 | 1 | The violation subject to the assessment causes or could cause minor harm to
|
| 2 | 3 | The violation subject to the assessment could cause
|
| 3 | 5 | The violation subject to the assessment causes
|
- Date modified: