6. The total gravity value in respect of each serious violation 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 Part 1 of Schedule 3,
(ii) the degree of intent or negligence on the part of the person who committed the violation as described in column 2 of Part 2 of Schedule 3, and
(iii) the harm that was or could be done by the violation as described in column 2 of Part 3 of Schedule 3;
(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i) to (iii), the applicable gravity value that is set out in column 1 of Parts 1 to 3 of Schedule 3; and
(c) adding the gravity values obtained under paragraph (b).
- SOR/2010-191, s. 4(F).
7. (1) Subject to subsection (2), if the Minister enters into a compliance agreement under subsection 10(1) of the Act 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 under subsection 10(4) of the Act shall be paid within 15 days after service of the notice in a manner prescribed in subsection 10(3) of these Regulations.
SERVICE OF DOCUMENTS
8. (1) Service of a document originating from the Minister or service of a notice of violation on an individual named in the document or notice may be made
(a) personally, by delivering a copy of it
(i) to the individual at any place, or
(ii) if the individual is not at the last known address or usual place of residence at the time of service, to someone who appears to be an adult member of the same household at that address or residence and the day on which the document is left with the member of the household is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail, by courier or by electronic means, including electronic registered mail and fax, 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 registered mail, courier or fax 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) If a document is sent by fax or other electronic means, a copy of it shall also be sent by registered mail.
- SOR/2010-191, s. 5.
- Date modified: