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.

March 29, 2001

Allan Rock
Minister of Health

Interpretation

 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

 The contravention of any of the following provisions is a violation that may be proceeded with in accordance with the Act:

  • SOR/2010-191, s. 2.

Short-form Descriptions

 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

 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

  •  (1) The amount of the penalty in respect of a violation committed by an individual otherwise than in the course of a 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 a 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 a 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 in accordance with column 2 of Schedule 2 for each total gravity value as established in accordance with section 6 and set out in column 1 of that Schedule.

  • SOR/2010-191, s. 3(E).

 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).

  • SOR/2010-191, s. 4(F).

Compliance Agreements

  •  (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

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

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

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

      • (ii) if the individual is not at the last known address or usual place of residence at the time of service, to someone who appears to be an adult member of the same household at that address or residence 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, by courier or by electronic means, including electronic registered mail and fax, 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.

  • SOR/2010-191, s. 5.

 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

  •  (1) For the purposes of subsection 9(1) of the Act and subject to subsection (2), any payment shall be paid 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.

  • SOR/2010-191, s. 6.

Review and Compliance Agreements

  •  (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.

 
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