Agriculture and Agri-Food Administrative Monetary Penalties Regulations (SOR/2000-187)

Regulations are current to 2016-09-18 and last amended on 2016-08-02. Previous Versions

 If a person is notified that the Minister refuses to enter into a compliance agreement, the time within which the person may pay the amount of the penalty or request a review by the Tribunal of the facts of the violation is 15 days after the day on which the notice is served. The request must be in writing.

  • SOR/2016-226, s. 8.

 If a person is notified that the Minister, having concluded a review, has decided that the person committed a violation

  • (a) the time within which the person may request a review of the Minister’s decision by the Tribunal is 15 days after the day on which the notice is served and the request must be in writing;

  • (b) if the review is in respect of a penalty, the time within which the person may pay the penalty that the Minister has maintained or the corrected amount that the Minister has decided on is 15 days after the day on which the notice is served.

  • SOR/2016-226, s. 8.
  •  (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier or fax or other electronic means to a person and place authorized by the Minister.

  • (2) Where a person makes a request referred to in subsection (1), the date of the request is

    • (a) the date on which the request is delivered to the authorized recipient, if the request is delivered by hand;

    • (b) the earlier of the date on which the request is received by the authorized recipient and the date on the receipt given to the person by a post office or courier, if the request is sent by registered mail or courier; or

    • (c) the date on which the request is sent, if the request is sent by fax or other electronic transmission.

  • (3) If a request is sent by fax or by other electronic means, a hard copy of the request shall be sent either by courier or registered mail within 48 hours following the original transmission.

  • SOR/2016-226, s. 9.

Review by Tribunal

  •  (1) A review by the Tribunal shall be conducted orally where the person named in the notice of violation requests that the review be oral.

  • (2) A review, whether conducted orally or through written representations, may include hearings by conference telephone, conference video or other electronic means where, in the Tribunal’s opinion, its deliberations will be assisted by those means.

  • (3) Where a review is in respect of a penalty and the Tribunal maintains the penalty or corrects the amount of the penalty, the person who requested the review shall pay the penalty or the corrected amount within 30 days after the day on which notice of the Tribunal’s decision is served.

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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