OFFENCES AND PUNISHMENT

General

Marginal note:Contravention causing risk or harm

• 68. (1) Every person is guilty of an offence if, in contravening this Act or the regulations, they cause

  • (a) a risk of imminent death or serious bodily harm to another person;

  • (b) a risk of substantial harm to the environment; or

  • (c) harm to the environment.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

• Marginal note:Offence committed wilfully or recklessly

  (3) Every person is guilty of an offence if, while contravening this Act or the regulations, they wilfully or recklessly cause

  • (a) a risk of imminent death or serious bodily harm to another person;

  • (b) a risk of substantial harm to the environment; or

  • (c) harm to the environment.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (3) is liable

  • (a) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Contravention of regulations

69. Every person who contravenes a provision of the regulations is guilty of an offence and liable

• (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

• (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Related Provisions

Marginal note:Officers, etc., of corporations

• 70. (1) If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

• Marginal note:Offence and punishment

  (3) Every person who contravenes subsection (2) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Offence by employee or agent

71. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that

• (a) the offence was committed without the knowledge or consent of the accused; and

• (b) the accused exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

72. If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Marginal note:Limitation period

• 73. (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister became aware of the subject-matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceedings, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.

Marginal note:Venue

74. An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even though the matter of the information did not arise in that territorial division.

Marginal note:Analysis and examination

• 75. (1) An inspector may submit to an analyst for analysis or examination any pest control product or other thing seized by the inspector, any sample taken from that product or thing, or any other sample taken by the inspector.

• Marginal note:Certificate of analyst

  (2) A certificate of an analyst stating that the analyst has analysed or examined a pest control product or other thing or a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.

• Marginal note:Attendance of analyst

  (3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

• Marginal note:Notice

  (4) The certificate shall not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Marginal note:Suspended sentence

76. When an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 77.

Marginal note:Orders of court

• 77. (1) When an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:

  • (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the offender to take any measures that the court considers appropriate to avoid harm to human health or the environment that results from or may result from the act or omission that constituted the offence, or to remedy that harm;

  • (c) directing the offender to pay the victim, within the period that the court considers reasonable, an amount of money to cover the loss or damage that resulted from the offence;

  • (d) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence;

  • (e) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction;

  • (f) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section;

  • (g) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

  • (h) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence;

  • (i) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

  • (j) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and

  • (k) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act.

• Marginal note:Coming into force and duration of order

  (2) An order made under section 76 or subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

• Marginal note:Publication

  (3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.

• Marginal note:Debt due to Her Majesty

  (4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(h) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Marginal note:Additional fine

78. When an offender has been convicted of an offence under this Act, the court may order the offender to pay, in addition to any fine that may otherwise be imposed under this Act, a fine equal to three times the court’s estimation of any monetary benefits that the court is satisfied the offender gained as a result of the commission of the offence.

Marginal note:Publication of information about contraventions

• 79. (1) The Minister may publish information about any contravention of this Act or the regulations, including a contravention designated as a violation under the Agriculture and Agri-Food Administrative Monetary Penalties Act, for the purpose of encouraging voluntary compliance with this Act and the regulations.

• Marginal note:Publication of personal information

  (2) The information published under subsection (1) may include personal information as defined in section 3 of the Privacy Act.