Marginal note:Notices of violation
44. The Minister may establish the form and content of notices of violation.
45. (1) Every person who contravenes a provision or requirement designated under paragraph 43(a) commits a violation and is liable to a penalty not exceeding the maximum prescribed under paragraph 43(b).
Marginal note:Continuing violation
(2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Marginal note:How contraventions may be proceeded with
(3) If any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.
Marginal note:Nature of violation
(4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Marginal note:Issuance of notice of violation
46. If a person designated by the Minister under subsection 39(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out
(a) the penalty for the violation that the person is liable to pay; and
(b) particulars concerning the time for paying and the manner of paying the penalty.
Definition of “Tribunal”
48. A person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.
Marginal note:Payment of specified amount precludes further proceedings
49. If a person who is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Act shall be taken against the person in respect of that contravention.
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