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

Interpretation

1 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)

Violations

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

• (a) the contravention of a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1;

• (b) the contravention of an order made by the Minister under a provision of the Plant Protection Act that is set out in column 1 of Division 1 of Part 2 of Schedule 1; and

• (c) the refusal or neglect to perform any duty imposed by or under a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1.

Short-form Descriptions

3 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.

Classification

4 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

• 5 (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.

6 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).

Compliance Agreements

• 7 (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

• 8 (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.

• 9 (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.

Payment

• 10 (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

• 11 (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.

12 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.

13 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.

• 14 (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier 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

15 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

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