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

Act current to 2016-08-01 and last amended on 2015-02-27. Previous Versions

Notices of Violation with Warning

Marginal note:Notices with warning — request for review
  •  (1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.

  • Marginal note:Deeming

    (2) Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.

Notices of Violation with Penalty

Marginal note:Notices with penalty — payment
  •  (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.

Compliance Agreements

Marginal note:Compliance agreements
  •  (1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may

    • (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

    • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

  • Marginal note:Deeming

    (2) A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.

  • Marginal note:Where compliance agreement complied with

    (3) Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,

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

    • (b) any security given under the compliance agreement by the person shall be returned to the person.

  • Marginal note:Where compliance agreement not complied with

    (4) Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that

    • (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or

    • (b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.

  • Marginal note:Effect of notice of default

    (5) On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and

    • (a) the person served is liable to pay the amount set out in the notice; or

    • (b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.

  • Marginal note:Effect of payment

    (6) Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,

    • (a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and

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

Marginal note:Refusal to enter into compliance agreement
  •  (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.

  • Marginal note:Effect of payment

    (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.

  • Marginal note:Deeming

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

  • 1995, c. 40, s. 11;
  • 2015, c. 2, s. 117(E).

Review by Minister

Marginal note:Review under section 8
  •  (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.

  • Marginal note:Right to 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.

Marginal note:Review under paragraph 9(2)(b)
  •  (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.

  • Marginal note:Payment or right to 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.

 
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