Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)

Short Title

Marginal note:Short title

1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Interpretation

Marginal note:Definitions

2 In this Act,

agri-food Act

agri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)

Minister

Minister means the Minister of Agriculture and Agri-Food, except that

• (a) it means the Minister of Health in relation to a violation involving a contravention of

  • (i) the Pest Control Products Act, or

  • (ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and

• (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)

penalty

penalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)

prescribed

prescribed means prescribed by regulation; (Version anglaise seulement)

Tribunal

Tribunal means the Review Tribunal continued by subsection 27(1); (Commission)

Purpose of Act

Marginal note:Purpose of Act

3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.

Powers of Minister

Marginal note:Regulations

• 4 (1) The Minister may make regulations

  • (a) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,

    • (ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or

    • (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;

    if the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;

  • (b) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;

  • (c) fixing a penalty, or a range of penalties, in respect of each violation;

  • (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);

  • (e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;

  • (f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;

  • (g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;

  • (h) prescribing anything that by this Act is to be prescribed; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Maximum penalties

  (2) The maximum penalty for a violation is

  • (a) in the case 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, $2,000; and

  • (b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.

• Marginal note:Criteria

  (3) Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:

  • (a) the degree of intention or negligence on the part of the person who committed the violation;

  • (b) the harm done by the violation; and

  • (c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.

Marginal note:How act or omission may be proceeded with

5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

Marginal note:Power of Minister — notices of violation

6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.

Proceedings

Marginal note:Commission of violation

• 7 (1) Every person who

  • (a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,

  • (b) contravenes any order made by the Minister under the Plant Protection Act, or

  • (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act

  the contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.

• Marginal note:Issuance of notice of violation

  (2) If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and

  • (a) contains a warning that the person has committed a violation; or

  • (b) sets out

    • (i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,

    • (ii) particulars concerning the time for paying and the manner of paying the penalty, and

    • (iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.

• Marginal note:Summary of rights

  (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.

Notices of Violation with Warning

Marginal note:Notices with warning — request for review

• 8 (1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.

• Marginal note:Deeming

  (2) Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.

Notices of Violation with Penalty

Marginal note:Notices with penalty — payment

• 9 (1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty,

  • (a) the person is deemed to have committed the violation in respect of which the amount is paid;

  • (b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 7 are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,

  • (a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates;

  • (b) request a review by the Minister of the facts of the violation; or

  • (c) request a review by the Tribunal of the facts of the violation.

• Marginal note:Deeming

  (3) Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.

Compliance Agreements

Marginal note:Compliance agreements

• 10 (1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may

  • (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

• Marginal note:Deeming

  (2) A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.

• Marginal note:Where compliance agreement complied with

  (3) Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,

  • (a) the proceedings commenced in respect of the violation under section 7 are ended; and

  • (b) any security given under the compliance agreement by the person shall be returned to the person.

• Marginal note:Where compliance agreement not complied with

  (4) Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that

  • (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or

  • (b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and

  • (a) the person served is liable to pay the amount set out in the notice; or

  • (b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.

• Marginal note:Effect of payment

  (6) Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,

  • (a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and

  • (b) the proceedings commenced in respect of the violation under section 7 are ended.

Marginal note:Refusal to enter into compliance agreement

• 11 (1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,

  • (a) pay the amount of the penalty; or

  • (b) request a review by the Tribunal of the facts of the violation.

• Marginal note:Effect of payment

  (2) Where a person pays the amount referred to in paragraph (1)(a),

  • (a) the person is deemed to have committed the violation in respect of which the payment is made;

  • (b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 7 are ended.

• Marginal note:Deeming

  (3) If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.