1. The following definitions apply in these Regulations.

• “Act” means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)

• “import reference document” means the document entitled Import Reference Document published by the Canadian Food Inspection Agency on April 11, 2001. (document de référence)

2. The contravention of a provision of the Health of Animals Act or the Plant Protection Act or of a regulation made under these Acts, or the contravention of an order — or class of orders — made by the Minister under the Plant Protection Act, or the refusal or neglect to perform any specified duty — or class of duties — imposed by or under the Health of Animals Act or the Plant Protection Act that is set out in column 1 of an item of Schedule 1, is a violation that may be proceeded with in accordance with the Act.

3. The short-form descriptions that are set out in column 2 of Schedule 1 are established to be used in notices of violations in respect of violations of the corresponding provisions that are set out in column 1 of Schedule 1.

4. The classification of a violation as a minor, serious or very serious violation of a provision set out in column 1 of an item of Schedule 1 is as set out in column 3 of that item.

• 5. (1) The amount of the penalty in respect of a violation that is committed by an individual otherwise than in the course of business and that is not committed to obtain a financial benefit is

  • (a) $500, for a minor violation;

  • (b) $800, for a serious violation; and

  • (c) $1300, for a very serious violation.

• (2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of business or in order to obtain a financial benefit is $1,300.

• (3) The amount of the penalty in respect of a violation that is committed by a person in the course of business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.

6. The total gravity value in respect of each serious or very serious violation referred to in subsection 5(3) shall be established by

• (a) considering the following criteria:

  • (i) the history of the person who committed the violation in respect of prior violations or offences as described in column 2 of an item of Part 1 of Schedule 3,

  • (ii) the degree of intention or negligence on the part of the person who committed the violation as described in column 2 of an item of Part 2 of Schedule 3, and

  • (iii) the harm done or that could be done by the violation as described in column 2 of an item of Part 3 of Schedule 3;

• (b) ascribing, for each of the criteria referred to in subparagraphs (a)(i), (ii) and (iii), the applicable gravity value that is set out in column 1 of an item of Parts 1, 2 and 3 of Schedule 3; and

• (c) adding the values obtained under paragraph (b).