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Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

Version of the schedule from 2010-09-02 to 2024-10-30:


SCHEDULE 3(Section 6)Total Gravity Value

PART 1

History of Prior Violations or Offences

Column 1Column 2
ItemGravity ValueHistory
10There were no previous violations or convictions under an agri-food Act in the five-year period immediately before the violation.
23There was no more than one previous minor or serious violation and no convictions under an agri-food Act in the five-year period immediately before the violation.
35The history of violations or convictions under agri-food Acts in the five-year period immediately before the violation is other than the history described 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 recurrence.
33The violation subject to the assessment is committed through a negligent act and item 2 does not apply.
45The violation subject to the assessment is committed through an intentional act and item 2 does not apply.

PART 3

Harm

Column 1Column 2
ItemGravity ValueHarm
11

The 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.

23

The violation subject to the assessment could cause

  • (a) serious harm to human, animal or plant health or the environment;

  • (b) serious harm to any person as a result of false, misleading or deceptive practices; or

  • (c) a monetary loss exceeding $1,000.

35

The violation subject to the assessment causes

  • (a) serious harm to animal or plant health or the environment;

  • (b) serious harm to any person as a result of false, misleading or deceptive practices; or

  • (c) a monetary loss exceeding $1,000.

  • SOR/2010-191, ss. 11, 12

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