Agriculture and Agri-Food Administrative Monetary Penalties Regulations (SOR/2000-187)
COMPLIANCE AGREEMENTS
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.
PAYMENT
10. (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty 30 days after the day on which the notice is served.
(2) A person named in a notice of violation may pay an amount equal to one half of the penalty, in lieu of the penalty, within 15 days after the day on which the notice is served.
(3) For the purposes of subsections (1) and (2), payment is deemed to be made:
(a) on the date indicated in the postmark stamped on the envelope, where the amount is sent by regular mail; or
(b) on the date indicated in the receipt issued by the post office or the courier, where the amount is sent by registered mail or courier.
