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

Marginal note:Notices with penalty — payment

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

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

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

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

• Marginal note:Alternatives to payment

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

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

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

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

• Marginal note:Deeming

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