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

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Act current to 2012-01-24 and last amended on 2006-06-28. Previous Versions
  •  (1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,

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

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

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

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

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

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

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

REVIEW BY MINISTER

  •  (1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.

  • (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.

  •  (1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.

  • (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,

    • (a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case

      • (i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and

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

    • (b) request a review of the Minister’s decision by the Tribunal.