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

Act current to 2015-05-11 and last amended on 2015-02-27. Previous Versions

Marginal note:Forfeiture

 Where

  • (a) a person is deemed by this Act to have committed a violation, or

  • (b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,

anything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.

GENERAL PROVISIONS

Marginal note:Notations removed
  •  (1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from

    • (a) where the notice of violation contained a warning, the date the notice was served, or

    • (b) in any other case, the payment of any debt referred to in subsection 15(1),

    unless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.

  • Marginal note:Duty to notify

    (2) The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).

Marginal note:Service of documents

 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.

Marginal note:Evidence

 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Marginal note:Limitation period

 No proceedings in respect of a violation may be commenced later than

  • (a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or

  • (b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.

  • 1995, c. 40, s. 26;
  • 2015, c. 2, s. 119.