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Version of document from 2020-02-20 to 2024-03-06:

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

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) For the purpose of subsection 9(1) of the Act, and 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 for 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.

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 30 days after the day on which the notice is served. The request must be in writing.

 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 30 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 30 days after the day on which the notice is served.

  •  (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 other electronic means, a copy of the request shall be sent either by courier or registered mail within 48 hours after the time limit for making the request.

Review by Tribunal

 A review by the Tribunal shall be conducted orally if the person named in the notice of violation requests that the review be oral.

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(3)Remove from, move within or take into the primary control zone a designated animal or thing without a permitVery serious
18.127.1(5)Fail to comply with an order prohibiting or imposing conditions on removing from, moving within or taking into a secondary control zone a designated animal or thingVery serious
18.227.6(3)Fail to comply with a notice to treat, dispose of or move a designated animal or thingVery 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
1414(1)Import 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)(i)Import bee feed without the required certificateMinor
112.157(b)(ii)Fail to transport untreated bee feed directly to the approved establishmentMinor
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 without the required permitVery serious
12576(2)Receive or possess a Cervidae 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
126[Repealed, SOR/2019-137, s. 3]
127[Repealed, SOR/2019-137, s. 3]
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
141[Repealed, SOR/2019-137, s. 3]
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(1)Fail to provide training or ensure that employees and agents or mandataries have received training in the prescribed mannerSerious
233138.2Fail to have a contingency plan that establishes measures to be taken in the prescribed circumstancesSerious
234138.3(1)Fail to assess an animal’s capacity to withstand loading, confinement, transporting and unloading in the prescribed mannerVery serious
235138.3(2)Fail to monitor a confined or transported animal to assess its capacity to withstand the confinement or transport in the prescribed mannerVery serious
236139(1)Load, confine or transport an unfit animal or cause one to be loaded, confined or transportedVery serious
237139(4)Fail to, as soon as possible after an animal that is confined or transported becomes unfit, take reasonable measures in the prescribed manner and take the prescribed actionVery serious
238139(5)Fail to, as soon as possible after an animal that is confined or transported on board a vessel becomes unfit, take reasonable measures in the prescribed manner or take the prescribed actionVery serious
239139.1(1)Unload an unfit animal or cause one to be unloaded, for the purpose of humanely killing the animal, without meeting the prescribed requirementsVery serious
240139.2(3)Fail to comply with an order made under section 139.2Very serious
241140(1)Load, confine, transport or unload a compromised animal or cause one to be loaded, confined, transported or unloaded, without meeting the prescribed requirementsSerious
242140(5)Fail to, as soon as possible after an animal that is confined or transported becomes compromised, take reasonable measures in the prescribed manner or take the prescribed actionSerious
243140(6)Fail to, as soon as possible after an animal that is confined or transported on board a vessel becomes compromised, take reasonable measures in the prescribed manner or take the prescribed actionSerious
244140.1(3)Fail to comply with an order made under section 140.1Very serious
245141(1)Load, confine, transport or unload or cause to be loaded, confined, transported or unloaded, livestock, camelids or cervids of eight days of age or less without meeting the prescribed requirementsVery serious
246141(2)Reload livestock, camelids or cervids of eight days of age or less after unloading them at their final destinationSerious
247142Load, confine or transport or cause to be loaded, confined or transported, a lactating animal without its suckling offspring and without it being milked in the prescribed mannerSerious
248143(1)Load, confine, transport or unload or cause to be loaded, confined, transported or unloaded, ruminants that are too young to be fed exclusively on hay and grain without meeting the prescribed requirementSerious
249143(2)Reload ruminants that are too young to be fed exclusively on hay and grain after unloading them at their final destinationSerious
250144(1)(a)Beat, strike, whip or kick an animal during loading, confinement, transporting or unloadingVery serious
251144(1)(b)Use a prod, whip or any driving device on an animal during loading, confinement, transporting or unloading, in a manner that is likely to cause the animal’s suffering, injury or deathVery serious
252144(1)(c)Use a prod, whip or any driving device on an animal to make it move during loading, confinement, transporting or unloading if it does not have a clear path to moveSerious
253144(1)(d)Apply an electric prod or device that has a similar effect to an animal, during loading, confinement, transporting or unloading, except in the prescribed circumstances and in the prescribed mannerVery serious
254144(1)(e)Drag an animal during loading, confinement, transporting or unloadingSerious
255144(1)(f)Lift an animal by its fleece, fur, feathers, head, neck, ears or horns or by one wing during loading, confinement, transporting or unloadingSerious
256144(1)(g)Handle or lift an animal by its tail during loading, confinement, transporting or unloadingSerious
257144(1)(h)Handle an animal in a way that is likely to cause its suffering, injury or death during loading, confinement, transporting or unloadingVery serious
258144(2)When an animal is in a container, drop, kick or throw the container or handle it in a manner that is likely to cause the animal’s suffering, injury or deathVery serious
259145(1)Fail to use, during loading or unloading of an animal, a fixed or movable ramp, gangway, chute, step or apparatus in the prescribed mannerVery serious
260145(2)Load or unload, an animal, or cause one to be loaded or unloaded, using a fixed or movable ramp, gangway, chute, step or apparatus in a manner that is not prescribed and that does not meet the prescribed conditionsVery serious
261145(4)Load or unload livestock or cervids, or cause them to be loaded or unloaded, using a ramp, gangway, chute or apparatus that has a slope that exceeds the one prescribedMinor
262146Load, confine, transport or unload, or cause to be loaded, confined, transported or unloaded, an animal that is likely to suffer, sustain an injury or die because of inadequate ventilation or exposure to meteorological or environmental conditionsVery serious
263146.1Load, confine, transport or unload, or cause to be loaded, confined, transported or unloaded, an animal that is likely to suffer, sustain an injury or die because of exposure to anything that is toxic or noxiousVery serious
264147(1)Load, confine or transport the prescribed animals, or cause them to be loaded, confined or transported, without providing the prescribed spaceVery serious
265147(2)Load, confine or transport an equine, or cause one to be loaded, confined, or transported, by land in a conveyance that has more than one deckVery serious
266148(1)Load an animal, or cause one to be loaded, in a manner that results in the conveyance or container becoming overcrowded, or confine or transport an animal, or cause one to be confined or transported, in a conveyance or container that is overcrowdedVery serious
267148.1Transport an animal, or cause one to be transported, by air in a container that does not meet the referred stocking density guidelinesSerious
268149(1)Load, confine, transport or unload, or cause to be loaded, confined, transported or unloaded, incompatible animals that are not isolated from one anotherVery serious
269150(1)(a)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that is not suitable for the species of the animalSerious
270150(1)(b)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that will not prevent the animal’s escapeSerious
271150(1)(c)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that does not provide adequate ventilationVery serious
272150(1)(d)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that does not provide a floor that prevents the animal from tripping, slipping or fallingSerious
273150(1)(e)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that is likely to collapse or topple overSerious
274150(1)(f)Load, confine or transport an animal, or cause one to be loaded, confined or transported in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that has exposed bolt heads, angles or other projectionsSerious
275150(1)(g)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that contains objects that are unsecuredMinor
276150(1)(h)Load, confine or transport an animal, or cause one to be loaded, confined or transported in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that has insecure fittingsSerious
277150(1)(i)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that is not able to be cleanedMinor
278150(1)(j)Load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance and or container that is not designed, constructed, equipped, maintained or used in the prescribed manner and that does not allow the animal to be visible from outside the container or that does not have the prescribed sign or symbolMinor
279150(3)Load, confine or transport, or cause the loading, confinement or transport, of livestock, cervids, camelids or ratites in a conveyance or container whose floor is not strewn with the prescribed bedding material in the prescribed mannerSerious
280150(4)Confine or transport an animal in a container that is not secured to the conveyance in the prescribed mannerSerious
281150(5)Transport an animal, or cause one to be transported, by air in a container that does not meet the referred design and construction requirementsSerious
282151(1)(a)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that is not equipped with the prescribed passagewaysMinor
283151(1)(b)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that is not equipped with the prescribed enclosed area or penMinor
284151(1)(c)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that is not equipped with the prescribed lightingMinor
285151(1)(d)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that does not have on board the prescribed lighting equipmentMinor
286151(1)(e)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that does not have on board the prescribed humane killing devicesVery serious
287151(1)(f)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that does not have on board the prescribed quantity and type of suppliesSerious
288151(1)(g)Load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel that does not have on board the prescribed dispensing systemsSerious
289151(2)Fail to have a person on board the vessel who is trained to use humane killing devicesVery serious
290151(3)Fail to have an appropriate number of trained persons on board the vessel to provide for the care of livestock or poultrySerious
291151(4)Fail to have, in the prescribed manner, an appropriate quantity of feed and safe water on board the vesselVery serious
292151(5)Fail to store feed and safe water in the prescribed place and in the prescribed mannerSerious
293151.1Fail to provide, in the prescribed circumstance, a veterinary inspector with the prescribed information at least 24 hours before departureMinor
294151.2Confine or transport livestock and poultry, or cause them to be confined or transported, on a vessel in the vicinity of an engine or a boiler room casing that is likely to cause them to suffer, sustain an injury or die and that is not covered and insulated in the prescribed mannerSerious
295152Fail to determine the date, time and place where an animal was last fed, watered and rested at the time of loading the animal for transportSerious
296152.1(1)Load, confine or transport an animal or cause one to be loaded, confined or transported, without providing feed, safe water and rest in the prescribed mannerVery serious
297152.1(2)Load, confine or transport an animal without monitoring it on a regular basis as prescribedVery serious
298152.2(1)Load, confine, transport or unload an animal, or cause one to be loaded, confined, transported or unloaded, without providing it with feed, safe water and rest within the prescribed intervalsVery serious
299152.2(2)Load, confine, transport or unload newly hatched poultry, or cause them to be loaded, confined, transported or unloaded without, providing them with feed, safe water and rest within 72 hours after the time of hatchingVery serious
300152.2(3)Load, confine, transport or unload prescribed animals, or cause them to be loaded, confined, transported or unloaded without providing them with feed, safe water and rest within the prescribed timeVery serious
301152.3(a)Fail to ensure, in the prescribed circumstance, that the equipment used is designed, constructed and maintained to feed and water the animalSerious
301.1152.3(b)Fail to ensure, in the prescribed circumstance, that sufficient space is provided to allow all animals to lie down without lying on top of other animalsSerious
301.2152.3(c)Fail to ensure, in the prescribed circumstance, that well-drained and clean floors are provided in the prescribed mannerSerious
301.3152.3(d)Fail to ensure, in the prescribed circumstance, that sufficient straw or other bedding is provided in the prescribed mannerSerious
301.4152.3(e)Fail to ensure, in the prescribed circumstance, that sufficient straw or other bedding is provided so that the animal is kept clean and dryMinor
301.5152.3(f)Fail to ensure, in the prescribed circumstance, that protection from meteorological and environmental conditions is provided in the prescribed mannerVery serious
301.6152.3(g)Fail to ensure, in the prescribed circumstance that adequate ventilation is provided to the animal in the prescribed mannerVery serious
301.7153(1)Leave an animal at a slaughter establishment or assembly centre without providing the consignee with a written notice that the animal has arrived and without providing a document that contains the prescribed informationSerious
301.8154(1)Fail to make, in the prescribed circumstance, a record that includes the prescribed information for each shipment of animalsMinor
301.9154(2)Fail to, as soon as possible, include in the record any changes to the information already provided or add the prescribed informationMinor
301.91154(3)Fail to keep on board the conveyance the original record, or a copy of it, with each shipment of animals being transportedMinor
301.92155Fail to send a document, as soon as possible after arrival at the destination, to the veterinary inspector at the port of embarkation with the prescribed informationMinor
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
37Import, admit or export a thing referred to without meeting the prescribed conditionsVery 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
5[Repealed, SOR/2020-14, s. 11]
6[Repealed, SOR/2020-14, s. 11]
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
40[Repealed, SOR/2020-14, s. 11]
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 3Safe Food for Canadians Act and Safe Food for Canadians Regulations

DIVISION 1Safe Food for Canadians Act(S.C. 2012, c. 24)

Column 1Column 2Column 3
ItemProvision of Safe Food for Canadians ActProvision of Safe Food for Canadians RegulationsShort-form DescriptionClassification
14Import a food commodity the selling of which is prohibitedVery serious
25Sell a food commodity that is the subject of a recall orderVery serious
36(1)Manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or likely to create an erroneous impressionVery serious
48Threaten to render a food commodity injurious to human healthVery serious
510(2)Import a prescribed food commodity without being authorized to do so by the prescribed licenceVery serious
611Sell, advertise or possess a food commodity that has been sent, conveyed or imported in contravention of any provisions of the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
712Possess for the purpose of sending, conveying or exporting any prescribed food commodity that does not meet the requirements of the Safe Food for Canadians RegulationsVery serious
813(2)Conduct a prescribed activity in respect of a prescribed food commodity without being authorized to do so by the prescribed licenceVery serious
914(1)(a)Apply or use an inspection mark or grade name without the prescribed authorizationVery serious
1014(1)(b)Advertise or sell a thing that has an inspection mark or grade name on it, or advertise or sell a thing in respect of which such an inspection mark or grade name is used in connection with the thing, without the prescribed authorizationVery serious
1114(2)(a)Apply or use a thing likely to be mistaken for an inspection mark or grade nameSerious
1214(2)(b)Advertise or sell anything that has on it a thing that is likely to be mistaken for an inspection mark or grade name or anything that has that thing used in connection with itSerious
1315Make a false or misleading statement or provide false or misleading information to a referred personVery serious
1416Obstruct or hinder a referred personVery serious
1517(1)Alter, destroy or falsify a referred documentVery serious
1617(2)(a)Alter a document issued, made or given under the Safe Food for Canadians ActVery serious
1717(2)(b)Possess or use a document issued, made or given under the Safe Food for Canadians Act that has been alteredVery serious
1818Possess or use a document not issued, made or given under the Safe Food for Canadians Act that is likely to be mistaken for a document issued, made or given under that ActVery serious
1920(4)Fail to comply with any condition of the licenceVery serious
2024(2)(d)Refuse or neglect to move, not to move or to restrict the movement of an itemVery serious
2124(2)(h)Refuse or neglect to establish identityVery serious
2224(2)(i)Refuse or neglect to stop or start an activityVery serious
2324(2)(j)Refuse or neglect to comply with an order prohibiting or limiting access to a place or anything in the placeVery serious
2424(3)Refuse or neglect to stop a conveyance or move it to a place where the inspector can enter itVery serious
2524(6)Fail to give assistance to the inspector or to provide a document, information or access to data to the inspectorVery serious
2627Refuse or neglect to provide a document, information or a sample on the date, at the time and place, and in the manner specified by the inspectorSerious
2728Without authorization, remove, alter or interfere with anything seized under the Safe Food for Canadians ActVery serious
2829(b)Refuse or neglect to store or move anything seized under the Safe Food for Canadians ActSerious
2929(c)Refuse or neglect to dispose of anything seized under the Safe Food for Canadians ActVery serious
3032(1)Refuse or neglect to remove a referred imported food commodity from Canada or to destroy itVery serious
3110(3)8(1)Send, convey, import or export a food that does not meet the prescribed requirementsVery serious
3213(1)10Manufacture, process, treat or preserve a food that has been imported or that is to be exported or to be sent or conveyed by using a food additive or other substance that is not permitted or that does not comply with the prescribed limits or levelsSerious
3310(3)11(1)Import a food that was not manufactured, prepared, stored, packaged or labelled under the prescribed conditions or in the prescribed mannerVery serious
3410(3)15(1)(a)Send, convey or export a food that was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
3510(3)15(1)(b)Send, convey or export a food that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
3610(3)15(1)(c)(i)Send, convey or export a meat product containing a meat product that was manufactured, processed, treated, preserved, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
3710(3)15(1)(c)(ii)Send, convey or export a meat product containing a meat product that has been derived from a livestock carcass or a poultry carcass that has been graded in Canada without having been graded by a grader in accordance with the Safe Food for Canadians RegulationsVery serious
3810(3)15(1)(c)(iii)Send, convey or export a meat product containing an imported meat product that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
3910(3)15(1)(c)(iv)Send, convey or export a meat product containing meat that is derived from food animals that were slaughtered in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians RegulationsVery serious
4013(1)95(1)Prepare by pasteurizing eggs in the shell that have been imported or that are to be sent, conveyed or exported and that are not graded Canada A or Grade ASerious
4110(3)95(2)Import eggs pasteurized in the shell that are not graded Grade A before pasteurizationSerious
4210(1)97Import eggs graded Grade C or Grade Nest Run without delivering them directly to the referred establishmentSerious
4310(1)98(1)Import ungraded eggs without meeting the prescribed requirementsSerious
4410(1)99(1)Send or convey prescribed eggs without delivering them to the referred establishmentSerious
4510(1)99(2)Send or convey eggs graded Canada Nest Run without delivering them to the referred establishmentSerious
4610(1)99(3)Send or convey ungraded eggs without meeting the prescribed requirementsSerious
4713(1)102(1)Process or treat eggs that are to be sent or conveyed or exported and that do not meet the prescribed requirementsVery serious
4813(1)102(2)Process or treat a processed egg product that is to be sent, conveyed or exported and that is derived from eggs that do not meet the prescribed requirementsVery serious
4910(1)106(1)Import live or raw shellfish without meeting the prescribed conditionsVery serious
5013(1)107(1)Manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed and that does not meet the prescribed requirementsVery serious
5113(1)125(1)Prepare by identifying as edible a meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirementsVery serious
5213(1)125(2)Prepare by identifying a prescribed meat product as edible without meeting the prescribed requirementsSerious
5313(1)126Prepare by using a urinary bladder, an intestine or any part of them as a natural casing for an edible meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirementsVery serious
5413(1)156Prepare a meat product that is to be exported or to be sent or conveyed without taking one of the prescribed measures when it is contaminatedVery serious
5513(1)157Prepare by identifying as edible a prescribed meat product derived from a pig that is to be exported or to be sent or conveyed, without meeting the prescribed requirementsVery serious
5613(1)158Prepare by identifying as edible a meat product derived from an equine that is to be exported or to be sent or conveyed without meeting the prescribed requirementsVery serious
5713(1)159Prepare by identifying as edible a meat product derived from a prescribed bovine carcass that is to be exported or to be sent or conveyed, without meeting the prescribed requirementsVery serious
5810(1)167(a)Import an edible meat product from a foreign state that does not have a recognized inspection system for meat products at the time the meat product was manufactured, prepared, stored, packaged or labelledVery serious
5910(1)167(b)Import an edible meat product from a foreign state that does not have a recognized inspection system at the time of the importVery serious
6010(1)167(c)Import an edible meat product coming from an establishment that does not have a recognized system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labellingVery serious
6110(1)167(d)Import an edible meat product without providing an inspector with a prescribed official document issued by the foreign state in the approved formVery serious
6210(1)168(1)(a)Export an edible meat product without providing an inspector with the prescribed documentSerious
6310(1)168(1)(b)Export an edible meat product for which a certificate or other prescribed document has not been issuedSerious
6410(3)186Send, convey, import or export a prepackaged food that does not have a package that meets the prescribed requirementsVery serious
6510(3)201Send, convey, import or export a food whose label bears a common name that does not meet any prescribed standard that applies in respect of the common nameSerious
6610(3)203(1)Send, convey, import or export a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the labelMinor
6710(3)206(1)Send, convey, import or export a referred consumer prepackaged food whose label does not bear the required information in both official languagesMinor
6810(3)208Send, convey, import or export a food whose label does not bear the required information in the prescribed mannerMinor
6910(3)218(1)(a)Send, convey, import or export a prepackaged food whose label does not bear the common name of the food on the principal display panelSerious
7010(3)218(1)(b)Send, convey, import or export a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed partSerious
7110(3)218(1)(c)Send, convey or import a prepackaged food whose label does not bear the prescribed informationVery serious
7210(3)221Send, convey or import a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panelMinor
7310(3)222Send, convey or import a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statementMinor
7410(3)223(1)Send, convey or import a consumer prepackaged food wholly manufactured, processed or produced in a foreign state whose label does not show the prescribed information in the prescribed mannerMinor
7510(3)223(2)Send or convey a consumer prepackaged food that was wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed mannerMinor
7610(3)223(3)Send, convey or import a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed mannerMinor
7710(3)224(1)Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstancesMinor
7810(3)224(2)Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement in the prescribed locationMinor
7910(3)225Send, convey, import or export a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is soldMinor
8010(3)226Send, convey or import a consumer prepackaged food whose label is not applied or attached to the container in the prescribed manner at the time it is offered for saleMinor
8110(3)227(1)Send, convey or import a consumer prepackaged food that does not have all or part of the label applied to the principal display surfaceMinor
8210(3)229(1)Send, convey or import a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed heightMinor
8310(3)230Send, convey or import a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirementsMinor
8410(3)231(a)Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed mannerMinor
8510(3)231(b)Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed mannerMinor
8610(3)232Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric unitsMinor
8710(3)233(1)Send, convey or import a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed unitsMinor
8810(3)239Send, convey or import a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the labelMinor
8910(3)244Send, convey, import or export a food, other than a consumer prepackaged food, whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed mannerMinor
9010(3)245(1)(a)Send, convey, import or export a prepackaged food that does not have a label bearing the required information applied or attached to its containerSerious
9110(3)245(1)(b)Send, convey, import or export a food that is not a prepackaged food that does not have a label bearing the required information applied or attached to itSerious
9210(3)245(3)Send, convey, import or export a food whose required information is shown on the part of the label that is applied or attached to the bottom of the prepackaged food or container, without meeting the other prescribed requirementsMinor
9310(3)246(d)Send, convey, import or export a prepackaged dairy product other than a consumer prepackaged dairy product whose declaration of net quantity is not shown on the principal display panel in the prescribed mannerMinor
9410(3)250(1)Import a prescribed dairy product or send, convey or export such a dairy product whose label does not bear the prescribed information in the prescribed mannerMinor
9510(3)250(2)Send, convey or export a prescribed consumer prepackaged cheese whose principal display panel does not show the prescribed informationMinor
9610(3)254(a)Send, convey, import or export graded prepackaged eggs, other than consumer prepackaged eggs, whose label does not bear a declaration of net quantityMinor
9710(3)256(1)Import prepackaged eggs or send, convey or export such imported eggs whose label does not bear the prescribed information in the prescribed mannerMinor
9810(3)258(a)Send, convey or export a prepackaged processed egg product whose label does not bear the prescribed inspection legendMinor
9910(3)258(b)Import a prepackaged processed egg product or send, convey, or export such an imported product whose label does not bear the official inspection mark of the foreign state of originMinor
10010(3)259Import a prepackaged processed egg product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed mannerMinor
10110(3)260Send, convey or export a prescribed prepackaged processed egg product whose label does not bear the prescribed information in the prescribed mannerMinor
10210(3)262(1)(f)Send, convey, import or export bivalve molluscs in the shell that are not in a hermetically sealed package, whose label does not bear the prescribed informationSerious
10310(3)262(1)(k)Send, convey, import or export prepackaged fish, other than a consumer prepackaged fish, whose label does not bear a declaration of net quantityMinor
10410(3)265Send, convey, import or export fish, other than a consumer prepackaged fish, that is in a hermetically sealed package and is commercially sterile whose label does not bear the required declaration of net quantity on the principal display panelMinor
10510(3)266Import a prepackaged fish or send, convey or export such an imported fish whose label does not bear the name of the foreign state of originMinor
10610(3)268(1)(b)Send, convey, import or export prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose label does not bear a declaration of net quantityMinor
10710(3)269(1)Import prepackaged fresh fruits or vegetables or send, convey or export such imported fresh fruits or vegetables whose label does not show the prescribed information in the prescribed manner on the principal display panelMinor
10810(3)272(1)(a)Send, convey, import or export a prepackaged processed fruit or vegetable product, other than a consumer prepackaged processed fruit or vegetable product, whose label does not bear a declaration of net quantity in metric units on the principal display panelMinor
10910(3)272(1)(n)Send, convey, import or export sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package, whose label does not bear the prescribed expressionMinor
11010(3)274(1)Import a prepackaged processed fruit or vegetable product or send, convey or export such an imported product, whose label does not bear the name of the foreign state where the product was packagedMinor
11110(3)275(1)(a)Send, convey, import or export prepackaged graded honey, other than consumer prepackaged graded honey, whose label does not bear a declaration of net quantity in the prescribed mannerMinor
11210(3)276Send, convey or export prepackaged honey that is produced in Canada and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed expressionMinor
11310(3)277(1)Import prepackaged honey or send, convey or export such imported honey whose label does not bear the prescribed information in the prescribed mannerMinor
11410(3)278Send, convey or export consumer prepackaged honey that is packaged from imported honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed information in the prescribed mannerMinor
11510(3)279(1)Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear one of the prescribed expressionMinor
11610(3)279(2)Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not show the states of origin in the prescribed mannerMinor
11710(3)280(1)Send, convey, import or export a prepackaged maple product, other than a consumer prepackaged maple product, whose label does not bear a declaration of net quantity in metric unitsMinor
11810(3)281Import a prescribed prepackaged maple product or send, convey or export such an imported product whose label does not bear the name of the foreign state of originMinor
11910(3)282(1)(a)Send, convey or export an edible meat product that is not prepackaged that does not bear the prescribed inspection legendMinor
12010(3)282(1)(b)Send, convey, import or export an imported edible meat product that is not prepackaged that does not bear the official inspection mark of the foreign state of originMinor
12110(3)286(a)Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged edible meat product, whose label does not bear the declaration of net quantity on the principle display panel or does bear such a declaration but it is not shown in the prescribed mannerMinor
12210(3)286(b)Send, convey, import or export a prepackaged edible meat product whose label does not bear the prescribed statement on the principal display panelMinor
12310(3)287(1)(a)Send, convey or export a prepackaged edible meat product whose label does not bear the prescribed inspection legendMinor
12410(3)287(1)(b)Send, convey, import or export an imported prepackaged edible meat product whose label does not bear the official inspection mark of the foreign state of originMinor
12510(3)287(2)Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged meat product, that does not bear the inspection legend or the official inspection mark of the foreign state of origin on the principal display panelMinor
12610(3)290Send, convey, import or export an edible meat product whose label bears a word or expression indicating or suggesting that it is a ready-to-eat product, without meeting the prescribed requirementsMinor
12710(3)291Send, convey, import or export a prepackaged edible meat product that is not a ready-to-eat product but could be mistaken for one, that does not bear the prescribed information on the principal display panel in the prescribed mannerMinor
12810(3)297(1)Import an edible meat product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed mannerMinor
12913(1)342Package or label an organic product to be sent or conveyed without holding the required certificateSerious
13010(3)353(1)(a)Send or convey a food commodity that is not an organic product and that shows a prescribed expression on its label, or advertise it using such an expressionMinor
13110(3)353(1)(b)Send or convey a multi-ingredient food commodity that does not contain at least 95% organic products and that shows a prescribed expression on its label or advertise it using such an expressionMinor
13210(3)353(2)Send or convey a multi-ingredient food commodity that contains less than 95% organic products and that shows a referred expression on its label, or advertise it using such an expression, without that expression being on the label in the prescribed mannerMinor
13310(3)354(a)Send or convey a food commodity that shows a referred expression on the label without its label also bearing the prescribed informationMinor
13410(3)354(b)Import a food commodity that shows a referred expression on the label without its label also bearing the prescribed informationMinor
13510(3)354(c)Import, send or convey a multi-ingredient food commodity that shows a referred expression on its label without its label also bearing the prescribed information in the prescribed mannerMinor
13610(3)354(d)Import a food commodity on which the referred product legend is applied on its label and on which a referred expression is shown on the label, without its label also bearing the prescribed information in the prescribed mannerMinor
13710(3)355(1)Send, convey or import a food commodity whose label shows a referred expression or information on its label but does not show the expression or information in both official languagesMinor
13810(3)357(1)Import a food commodity that is labelled with a referred expression, or advertised using such expression, without meeting the prescribed requirementsMinor

DIVISION 2Safe Food for Canadians Regulations(SOR/2018-108)

Column 1Column 2Column 3
ItemProvision of Safe Food for Canadians RegulationsShort-form DescriptionClassification
18(2)Without authorization, mix a contaminated food with other foodVery serious
29(1)Send, convey, import or export a food for which a standard is prescribed that does not meet that standardSerious
39(2)Send, convey, import or export a food that is likely to be mistaken for a food for which a standard is prescribed but that does not meet that standardSerious
412(1)Import a referred food for which the importer does not have a fixed place of business in Canada without meeting the prescribed requirementsSerious
513(1)Fail to provide the prescribed import information to the Minister related to a foodSerious
613(2)Fail to provide the prescribed import information or any required document to the Minister at the prescribed timeSerious
714(1)(a)Fail to immediately deliver an imported edible meat product to a prescribed establishment, to keep it there until a further inspection is completed or to provide its address to the inspector in the prescribed caseVery serious
814(1)(b)Fail to keep an imported food other than an edible meat product at its first destination until the further inspection is completedVery serious
931(1)Fail to conduct an activity identified in a licence in the establishment identified in the licence for that activityVery serious
1031(2)Fail to conduct an activity identified in a licence in respect of a food animal or a meat product during an approved work shift and during which inspection services are providedVery serious
1147(1)Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of a foodVery serious
1247(2)Fail to prevent or eliminate or reduce to an acceptable level the biological, chemical and physical hazards that present a risk of contamination of a food using prescribed control measuresVery serious
1347(3)Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of an imported food or fail to prevent or eliminate or reduce to an acceptable level those hazards using control measures that are shown to be effectiveVery serious
1448(1)Fail to apply the prescribed scheduled process to a low-acid food packaged in a hermetically sealed package or to use a prescribed temperature-sensitive indicator if a batch thermal treatment is appliedVery serious
1548(3)(a)Fail to prepare documents that set out the prescribed information for each low-acid foodSerious
1648(3)(b)Fail to prepare documents that set out the prescribed information for each application of the scheduled process to a low-acid foodSerious
1748(4)Fail to keep the documents that set out the required information for three yearsSerious
1849 and 50(1)Fail to maintain or operate an establishment in such a manner that the establishment, and any conveyance or equipment in it, that is used in connection with a prescribed activity are clean and in a sanitary conditionSerious
1949 and 50(2)Fail to maintain or operate an establishment in such a manner that the cleaning and sanitation of the establishment, and of any conveyance or equipment in it, that is used in connection with a prescribed activity are conducted in the prescribed mannerVery serious
2049 and 51(1)Fail to maintain or operate an establishment in such a manner that it is protected against the entry of any animal that presents a risk of contamination of a foodVery serious
2149 and 51(2)Fail to maintain or operate an establishment in such a manner that no animal is in a facility or conveyance where a prescribed activity is conducted unless the prescribed requirements are metSerious
2249 and 51(3)Fail to maintain or operate an establishment in such a manner that the prescribed measures taken present no risk of contamination of a foodVery serious
2349 and 52(a)Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is properly and clearly identifiedMinor
2449 and 52(b)Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is suitable for its intended use and does not present a risk of contamination of a foodSerious
2549 and 52(c)Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is handled and used in the prescribed mannerSerious
2649 and 53Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used in the conduct of a prescribed activity meets the prescribed requirementsSerious
2749 and 54Fail to maintain or operate an establishment in such a manner that any conveyance or equipment in it that is used to handle contaminated materials, waste or any other inedible thing meets the prescribed requirementsVery serious
2849 and 55Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has equipment for restraining the animals during their handling, assessment, ante-mortem examination or inspectionMinor
2949 and 56(1)Fail to maintain or operate an establishment where the land that forms part of it presents a risk of contamination of the food in such a manner that measures are taken to eliminate such a riskSerious
3049 and 56(2)Fail to maintain or operate an establishment where the establishment is located near a place or thing that presents a risk of contamination of a food in such a manner that measures are taken to eliminate such a riskSerious
3149 and 57Fail to maintain or operate an establishment in such a manner that the interior of any facility or conveyance where a prescribed activity is conducted meets the prescribed requirementsVery serious
3249 and 58(1)Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has separate areas for taking the prescribed measuresSerious
3349 and 58(2)Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has an enclosed area for the handling of inedible meat productsVery serious
3449 and 58(3)Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that the floors, ramps, gangways and chutes provide secure footing and do not present a risk of injury to the animals during their movementSerious
3549 and 59(1)Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is designed, constructed and maintained in the prescribed mannerSerious
3649 and 59(2)Fail to maintain or operate an establishment in such a manner that the movement of persons and things within, into and out of a facility or conveyance does not present a risk of contamination of the foodSerious
3749 and 60Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate incompatible activities in the prescribed mannerVery serious
3849 and 61Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate a food from a prescribed thingVery serious
3949 and 62(1)Fail to maintain or operate an establishment in such a manner that any prescribed food is identified and placed in a designated area when it arrives at the establishmentVery serious
4049 and 62(2)Fail to maintain or operate an establishment in such a manner that all necessary measures are taken to prevent contamination of any food in the establishment by any prescribed foodVery serious
4149 and 63(1)Fail to maintain or operate an establishment in such a manner that it is equipped with natural or artificial lighting that is appropriate for the food or for the food animal that is intended to be slaughtered and for the activity being conductedSerious
4249 and 63(2)Fail to maintain or operate an establishment in such a manner that the light fixtures meet the prescribed requirementsSerious
4349 and 64Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is equipped with a ventilation system that meets the prescribed requirementsSerious
4449 and 65(1)Fail to maintain or operate an establishment in such a manner that the temperature and humidity level in a facility or conveyance where a prescribed activity is conducted are maintained in the prescribed mannerSerious
4549 and 65(2)Fail to maintain or operate an establishment in such a manner that the heating, cooling or humidity-control system of the facility or conveyance, when equipped with such system, meets the prescribed requirementsSerious
4649 and 66(1)Fail to maintain or operate an establishment in such a manner that it has means for the removal and disposal of contaminated materials and waste, and in the prescribed circumstance, be equipped with a drainage, sewage and plumbing system that functions as intendedVery serious
4749 and 66(2)Fail to maintain or operate an establishment in such a manner that contaminated materials and waste are removed and disposed of in the prescribed mannerVery serious
4849 and 67(1)Fail to maintain or operate an establishment in such a manner that it is equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms and change rooms in the prescribed manner when it is necessary to prevent the contamination of a foodSerious
4949 and 67(2)Fail to maintain or operate an establishment in such a manner that the hand cleaning and sanitizing stations that are required are effective for cleaning handsSerious
5049 and 67(3)Fail to maintain or operate an establishment in such a manner that the lavatories that are required do not present a risk of contamination of foodSerious
5149 and 68Fail to maintain or operate an establishment in such a manner that an area that meets the prescribed requirements is provided to an inspector at their requestVery serious
5249 and 70(1)Fail to maintain or operate an establishment in such a manner that any water that might come into contact with a food meets the prescribed requirementsVery serious
5349 and 70(2)Fail to maintain or operate an establishment in such a manner that any steam or ice that might come into contact with a food is made from water that meets the prescribed requirementsVery serious
5449 and 70(3)Fail to maintain or operate an establishment in such a manner that any system that supplies water that meets the referred requirements is cross-connected with any other system in the prescribed mannerVery serious
5549 and 70(4)Fail to maintain or operate an establishment in such a manner that any water or other source of hydration provided to a food animal that is to be slaughtered meets the prescribed requirementsVery serious
5649 and 71(1)Fail to maintain or operate an establishment in such a manner that it is supplied with water, steam and ice in the prescribed mannerVery serious
5749 and 71(2)Fail to maintain or operate an establishment in such a manner that any treatment of water, steam or ice is applied in the prescribed mannerVery serious
5849 and 72Fail to maintain or operate an establishment in such a manner that any conveyance used to convey a food to or from the establishment that is unloaded or loaded at the establishment meets the prescribed requirementsVery serious
5949 and 73Fail to maintain or operate an establishment in such a manner that any unloading and loading of a food or a food animal to be slaughtered from or onto a conveyance is conducted in the prescribed mannerVery serious
6049 and 74(1)Fail to maintain or operate an establishment in such a manner that any storing of a food is conducted in the prescribed mannerVery serious
6149 and 74(2)Fail to maintain or operate an establishment in such a manner that the storing of a prescribed thing is conducted in the prescribed mannerVery serious
6249 and 75Fail to maintain or operate an establishment in such a manner that any person who is involved in a prescribed activity has the necessary competencies and qualificationsVery serious
6349 and 76Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted wears clothing, footwear and protective coverings that meet the prescribed requirementsSerious
6449 and 77Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted maintains personal cleanliness in the prescribed mannerSerious
6549 and 78Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from doing a prescribed actSerious
6649 and 79Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from wearing or using an object or substance that presents a risk of contamination of the foodSerious
6749 and 81Fail to maintain or operate an establishment in such a manner that a person who is suffering from or who is a known carrier of a communicable disease or who has an open or infected lesion is prevented from entering or being in an area of an establishment where a prescribed activity is conductedVery Serious
6875Fail to have the necessary competencies or qualifications to carry out their duties when being involved in a prescribed activityVery serious
6976Fail to wear clothing, footwear or protective coverings that meet the prescribed requirements when entering or being in an area where a prescribed activity is conductedSerious
7077Fail to maintain personal cleanliness as prescribed when entering or when in an area where a prescribed activity is conductedSerious
7178Do a prescribed act when entering or being in an area where a prescribed activity is conductedSerious
7279Wear or use any object or substance that presents a risk of contamination of the food when entering or being in an area where a prescribed activity is conductedSerious
7380Fail to report to the operator a disease or illness, symptoms of a disease or illness or an open or infected lesionVery serious
7482(1)Fail to immediately investigate in the prescribed circumstancesVery serious
7582(1) and 85Fail to immediately investigate in respect of an imported food in the prescribed circumstancesVery serious
7682(2)Fail to immediately notify the Minister that the investigation has established that the food presents a risk of injury to human health or to immediately take action to mitigate the riskVery serious
7782(2) and 85Fail to immediately notify the Minister that the investigation in respect of an imported food has established that the imported food presents a risk of injury to human health or to immediately take action to mitigate the riskVery serious
7883(1)Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to a foodSerious
7983(1) and 85Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to imported foodSerious
8083(2)On receipt of a complaint in relation to a food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two yearsSerious
8183(2) and 85On receipt of a complaint in respect of an imported food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two yearsSerious
8284(1)Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of a food and the name of the prescribed contact personsSerious
8384(1) and 85Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of an imported food and the name of the prescribed contact personsSerious
8484(2)(a)Fail to conduct a recall simulation based on the recall procedure in respect of food at least once every 12 monthsMinor
8584(2)(a) and 85Fail to conduct a recall simulation based on the recall procedure in respect of imported food at least once every 12 monthsMinor
8684(2)(b)Fail to prepare a document that sets out the prescribed information or to keep that document for the prescribed two yearsMinor
8784(2)(b) and 85Fail to prepare a document that sets out the prescribed information in respect of imported food or to keep that document for the prescribed two yearsMinor
8884(3)Fail to immediately notify the Minister when a food should be recalled because it presents a risk of injury to human healthSerious
8984(3) and 85Fail to immediately notify the Minister when an imported food should be recalled because it presents a risk of injury to human healthSerious
9084(4)Fail to take the prescribed measures when a food is the subject of a recallSerious
9184(4) and 85Fail to take the prescribed measures when an imported food is the subject of a recallSerious
9286(1)Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity that is identified in the licenceVery serious
9387Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity conducted in respect of fresh fruits or vegetables in the prescribed circumstancesVery serious
9488Fail to implement the required preventive control planVery serious
9590(1)Fail to prepare or keep documents setting out the prescribed information with respect to a food in the prescribed circumstancesVery serious
9690(2)Fail to prepare or keep documents setting out the required information with respect to a food sold at retailVery serious
9790(3)Fail to keep the referred documents for the prescribed two years or to make them accessible in CanadaVery serious
9891(1)Fail to provide the Minister with any referred document requested by the Minister or any part of such a document in the prescribed mannerVery serious
9992(1)Provide to a person a food that does not have a label bearing the required information applied or attached to it or that does not have such a label accompanying the foodVery serious
10098(2)Remove imported ungraded eggs from a referred establishment without meeting the prescribed requirementsSerious
101100Apply ink that does not meet the prescribed requirements to an egg’s shellSerious
102101Fail to clean, sanitize or dry plastic trays before sending them to an egg producerSerious
103105(1)(a)Import live, freshwater mitten crab of the genus EriocheirVery serious
104105(1)(b)Import a puffer fish of the family TetraodontidaeVery serious
105108Fail to protect from dehydration or oxidation frozen fish stored in a conveyanceMinor
106128Fail to handle a food animal at the establishment in the prescribed manner, or subject it to conditions that may cause avoidable suffering, injury or deathSerious
107129(1)Hit a food animal with a whip, prod or any other objectSerious
108129(2)Apply an electric prod to a food animal without meeting the prescribed requirementsSerious
109130(1)Fail to assess whether a food animal is showing signs of suffering or injury on its arrival at the establishmentSerious
110130(2)Fail to monitor a food animal on a regular basis after its arrival at the establishment in the prescribed mannerSerious
111130(3)Fail to immediately take corrective action if the prescribed conditions existSerious
112130(4)Fail to immediately take a prescribed measure in respect of a food animal that is showing signs of sufferingVery serious
113131(a)Fail to monitor a game animal on a regular basis in the prescribed mannerSerious
114131(b)Fail to immediately take corrective action if the prescribed conditions exist in respect of a game animalSerious
115131(c)Fail to immediately take a prescribed measure in respect of a game animal that is showing signs of sufferingVery serious
116132(a)Fail to segregate different species of food animalsSerious
117132(b)Fail to segregate or isolate a sick or injured food animal in the prescribed circumstancesSerious
118132(c)Fail to isolate a food animal for any of the prescribed causesSerious
119133Fail to provide a food animal with sufficient space in the prescribed mannerVery serious
120134Fail to provide a food animal with sufficient ventilation in the prescribed mannerVery serious
121135(1)Handle a food animal without meeting the prescribed requirementsSerious
122135(2)Fail to use equipment or an area of an establishment for the prescribed purposes that is designed, constructed or maintained in the prescribed mannerSerious
123136(1)Fail to provide a prescribed food animal that is unloaded from a conveyance at an establishment with water or another source of hydration or with feed in the prescribed mannerVery serious
124136(2)Fail to provide a food animal that is confined in a crate with water or another source of hydration or with feed in the prescribed mannerVery serious
125137(1)Fail to notify a veterinary inspector before removing a food animal from an establishmentSerious
126137(2)Fail to notify a veterinary inspector before keeping a food animal in an establishment for more than seven daysSerious
127138(1)Fail to conduct, within 24 hours before slaughter of a food animal, an ante-mortem examination of that animal or of a sample from the shipment that the food animal is part of in the prescribed manner or fail to examine the referred documents in the prescribed mannerSerious
128138(2)Fail to hold for inspection by a veterinary inspector a food animal suspected of showing a deviation from normal behaviour, physiology or appearanceVery serious
129139(1)Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector for ante-mortem inspection, in the prescribed manner, within 24 hours before slaughter of a food animal, the food animal or a sample from the shipment that the food animal is part of, or in respect of the prescribed food animals, to present the referred documents in the prescribed mannerSerious
130139(2)Fail to hold a food animal for inspection by a veterinary inspector in the prescribed circumstancesVery serious
131140Fail to take, in the prescribed circumstance, the prescribed measures in respect of a food animal, its carcass or its bloodVery serious
132141Fail to use one of the prescribed methods to render a food animal unconscious or to slaughter it before bleeding itVery serious
133142Cut the carcass of a food animal after bleeding has started when the animal shows signs of sensibility that may indicate a potential return to consciousnessVery serious
134143(1)Suspend a food animal without meeting the prescribed requirementsVery serious
135144Ritually slaughter a food animal without meeting the prescribed requirementsVery serious
136145(1)Fail to dress the carcass of a food animal in the prescribed manner after the animal is bledSerious
137146Fail to remove any blood clot, bone splinter or extraneous matter from the carcass of a food animal or from its parts or fail to identify what was removed as inedibleSerious
138147Process the blood of a food animal without meeting the prescribed requirementsSerious
139148Fail to identify the blood of a food animal that is collected to be processed as an edible meat product or the parts of a carcass of the food animal in order to correlate them with the carcass of the food animal from which they were removed until the completion of the post-mortem inspection or examinationSerious
140149(1)Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector, for post-mortem inspection, a carcass, its parts or any blood of the food animal that is collectedVery serious
141149(2)Without authorization, remove from a carcass, before a post-mortem inspection is completed, any part that shows a deviation from normal appearance in the prescribed circumstancesVery serious
142150(1)Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem examination in the prescribed manner in the prescribed circumstanceVery serious
143150(2)Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem screening or to implement the necessary measures with respect to any defects of the carcass or its parts, in the prescribed manner in the prescribed circumstanceVery serious
144152Fail to identify as inedible, in the prescribed circumstance, any meat product that is derived from a carcass of a food animal, its parts or its bloodVery serious
145153Fail to identify as inedible a prescribed carcass, its parts or its bloodVery serious
146154(2)Fail to identify as inedible a meat product that is treated as inedibleVery serious
147155(1)Fail to move directly a meat product that is condemned or identified as inedible to the referred inedible products areaVery serious
148155(2)Fail to take one of the prescribed measures in respect of a meat product that is moved to the inedible products areaVery serious
149155(3)Fail to keep a meat product that is, contains or is derived from a specified risk material in a separate area of the inedible products area or fail to handle or destroy it in accordance with the prescribed requirementsVery serious
150165(1)Fail to obtain documents containing the prescribed information from the prescribed person before slaughtering a prescribed food animalVery serious
151165(4)Fail to keep the prescribed documents for the prescribed one yearVery serious
152166(1)Fail to prepare or keep documents setting out the prescribed information in respect of the prescribed food animalsVery serious
153166(2)Fail to keep the prescribed documents for the prescribed one yearVery serious
154202Sell a consumer prepackaged food whose label bears a prescribed word or expression or an abbreviation, symbol or phonetic rendering of a prescribed word or expression without the food meeting the prescribed standardSerious
155214 and 203(1)Sell a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the labelMinor
156214 and 206(1)Sell a referred consumer prepackaged food whose label does not bear the required information in both official languagesMinor
157214 and 208Sell a prepackaged food whose label does not bear the required information in the prescribed mannerMinor
158214 and 218(1)(a)Sell a prepackaged food whose label does not bear the common name of the food on the principal display panelSerious
159214 and 218(1)(b)Sell a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed partSerious
160214 and 218(1)(c)Sell a prepackaged food whose label does not bear the prescribed informationVery serious
161214 and 221Sell a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panelMinor
162214 and 222Sell a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statementMinor
163214 and 223(1)Sell a consumer prepackaged food wholly manufactured, processed or produced in a foreign state, whose label does not show the prescribed information in the prescribed mannerMinor
164214 and 223(2)Sell a consumer prepackaged food whose food has been wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed mannerMinor
165214 and 223(3)Sell a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed mannerMinor
166214 and 224(1)Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstancesMinor
167214 and 224(2)Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement at the prescribed locationMinor
168214 and 225Sell a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is soldMinor
169214 and 226Sell a consumer prepackaged food whose label is not applied or attached to the container in the prescribed mannerMinor
170214 and 227(1)Sell a consumer prepackaged food that does not have all or part of the label applied to the principal display surfaceMinor
171214 and 229(1)Sell a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed heightMinor
172214 and 230Sell a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirementsMinor
173214 and 231(a)Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed mannerMinor
174214 and 231(b)Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed mannerMinor
175214 and 232Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric unitsMinor
176214 and 233(1)Sell a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed unitsMinor
177214 and 239Sell a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the labelMinor
178215Advertise a consumer prepackaged food that does not have a label applied or attached to it in the prescribed mannerMinor
179216Make a representation with respect to net quantity in the advertising for a consumer prepackaged food other than in the prescribed mannerMinor
180240Apply or attach to a consumer prepackaged food a label that bears a representation with respect to the number of servings it contains that does not bear a declaration of net quantity of each serving in the prescribed mannerMinor
181367Without authorization, remove a detention tagVery serious
182369Fail to store at their expense and under the prescribed conditions the seized thingSerious

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 and the circumstances set out in item 2 do not apply.
45The violation subject to the assessment is committed through an intentional act and the circumstances set out in item 2 do not apply.

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
  • SOR/2020-14, s. 12

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