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

Act current to 2014-04-02 and last amended on 2006-06-28. Previous Versions

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:Time limit
  •  (1) No proceedings in respect of a violation may be commenced later than

    • (a) six months after the Minister became aware of the violation, in the case of a minor violation; or

    • (b) two years after the Minister became aware of the violation, in the case of a serious violation or a very serious violation.

  • Marginal note:Certificate of Minister

    (2) A document purporting to have been issued by the Minister and certifying the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.

RELATED AND CONSEQUENTIAL AMENDMENTS

 [Amendments]

COMING INTO FORCE

Marginal note:Coming into force

Footnote * This Act or any of its provisions, or any provision enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.