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).
7. (1) Subject to subsection (2), where the Minister agrees to enter into a compliance agreement and the terms and conditions of the agreement include monetary expenditures to be made by a person, the amount of the penalty shall be reduced by one dollar for every two dollars spent by the person, with a maximum reduction to nil.
(2) The amount set out in a notice of default served pursuant to subsection 10(4) of the Act shall be paid by certified cheque or money order made payable to the Receiver General for Canada within 15 days after service of the notice.
SERVICE OF DOCUMENTS
8. (1) Service of any document originating from the Minister, including a notice of violation, on an individual named in the document may be made
(a) personally, by leaving a copy of it
(i) with the individual at any place, or
(ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual. The day on which the document is left with that person is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.
(2) Service of a notice of violation on a person other than an individual may be effected by
(a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the person or to the person’s agent;
(b) leaving a copy of it at the person’s head office or place of business, with an officer or other individual who appears to be in control or management of the head office or place of business or with the person’s agent; or
(c) sending a copy of it by electronic means other than by fax to any individual referred to in paragraph (b).
(3) Where a document is sent by fax or by other electronic means, another copy of the document shall be sent by registered mail.
9. (1) A person who signs a certificate of service, in a form approved by the Minister, stating that the notice of violation was served on the person named in the certificate and the means by which service was effected is deemed to have served the document on the date that is determined pursuant to subsections (2) to (4).
(2) A document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office.
(3) A document sent by courier is served on the 10th day after the date indicated in the courier’s receipt issued to the sender.
(4) A document sent by fax or other electronic means is served on the date it is sent.
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