Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

This version of the schedule is in force from 2006-03-22 to 2010-09-01.


SCHEDULE 3

(Section 6)

TOTAL GRAVITY VALUE

PART 1

HISTORY OF PRIOR VIOLATIONS OR OFFENCES

Column 1Column 2
ItemGravity ValueHistory
1.0No previous violations or offences have been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation or offence subject to the assessment is committed.
2.3No more than one previous minor or serious violation has been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation or offence subject to the assessment is committed.
3.5The history in the three years preceding the day on which the violation or offence subject to the assessment is committed is other than the history described in item 1 or 2.

PART 2

INTENT OR NEGLIGENCE

Column 1Column 2
ItemGravity ValueIntent or Negligence
1.0The violation subject to the assessment is committed without intent or negligence.
2.0The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its recurrence.
3.3The violation subject to the assessment is committed through a negligent act.
4.5The violation subject to the assessment is committed through an intentional act.

PART 3

HARM

Column 1Column 2
ItemGravity ValueHarm
1.1

The violation subject to the assessment causes or could cause minor harm to

  • (a) human, animal or plant health or the environment; or

  • (b) any person as a result of false, misleading or deceptive practices.

2.3

The violation subject to the assessment could cause

  • (a) serious harm to human, animal or plant health or the environment;

  • (b) serious harm to any person as a result of false, misleading or deceptive practices; or

  • (c) a monetary loss exceeding $1,000.

3.5

The violation subject to the assessment causes

  • (a) serious harm to animal or plant health or the environment;

  • (b) serious harm to any person as a result of false, misleading or deceptive practices; or

  • (c) a monetary loss exceeding $1,000.