Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)

Act current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

Agriculture and Agri-Food Administrative Monetary Penalties Act

S.C. 1995, c. 40

Assented to 1995-12-05

An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Interpretation

Marginal note:Definitions

 In this Act,

agri-food Act

agri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)

Minister

Minister means the Minister of Agriculture and Agri-Food, except that

  • (a) it means the Minister of Health in relation to a violation involving a contravention of

  • (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)

penalty

penalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)

prescribed

prescribed means prescribed by regulation; (Version anglaise seulement)

Tribunal

Tribunal means the Review Tribunal continued by subsection 27(1); (Commission)

  • 1995, c. 40, s. 2
  • 1997, c. 21, s. 30
  • 2002, c. 28, s. 82
  • 2005, c. 38, ss. 30, 145
  • 2012, c. 24, s. 98
  • 2015, c. 2, s. 113

Purpose of Act

Marginal note:Purpose of Act

 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.

Powers of Minister

Marginal note:Regulations

  •  (1) The Minister may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Act

      if the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;

    • (b) classifying each violation as a minor violation, a serious violation or a very serious violation;

    • (b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;

    • (c) fixing a penalty, or a range of penalties, in respect of each violation;

    • (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);

    • (e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;

    • (f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;

    • (g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;

    • (h) prescribing anything that by this Act is to be prescribed; and

    • (i) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Maximum penalties

    (2) The maximum penalty for a violation is

    • (a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and

    • (b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.

  • Marginal note:Criteria

    (3) Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:

    • (a) the degree of intention or negligence on the part of the person who committed the violation;

    • (b) the harm done by the violation; and

    • (c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.

  • 1995, c. 40, s. 4
  • 2012, c. 24, s. 99
  • 2015, c. 2, s. 114
  • 2016, c. 9, ss. 70, 72

Marginal note:How act or omission may be proceeded with

 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

Marginal note:Power of Minister — notices of violation

 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.

  • 1995, c. 40, s. 6
  • 2015, c. 2, s. 115

Proceedings

Marginal note:Commission of violation

  •  (1) Every person who

    the contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.

  • Marginal note:Issuance of notice of violation

    (2) If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and

    • (a) contains a warning that the person has committed a violation; or

    • (b) sets out

      • (i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,

      • (ii) particulars concerning the time for paying and the manner of paying the penalty, and

      • (iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.

  • Marginal note:Summary of rights

    (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.

  • 1995, c. 40, s. 7
  • 2012, c. 24, s. 100(E)
  • 2015, c. 2, s. 116(E)
  • 2016, c. 9, ss. 71(E), 72(E)
 
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