Administrative Monetary Penalties (continued)
Marginal note:Debts to Her Majesty
(a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;
(b) every amount set out in a compliance agreement entered into with the Minister under subsection 54(1), from the time the compliance agreement is entered into;
(c) the amount set out in a notice of default referred to in subsection 54(4), from the time the notice is provided;
(d) the amount of a penalty as set out in a decision of the Minister under subsection 56(1) or (2), from the time the notice under that subsection is provided; and
(e) the amount of any reasonable expenses incurred under section 64, from the date they are incurred.
Marginal note:Time limit
(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.
Marginal note:Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 53 to 56.
Marginal note:Certificate of default
(2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.
Rules of Law About Violations
Marginal note:Certain defences not available
Marginal note:Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Marginal note:Burden of proof
60 In every case where the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.
Marginal note:Violation by corporate officers, etc.
61 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against in accordance with this Act.
Marginal note:Vicarious liability — acts of employees and agents
62 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.
Marginal note:Continuing violation
63 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.
64 Anything seized under this Act that is the subject of a violation is, at Her election, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner or the person who was entitled to possess it at the time of its seizure, if
(a) the person is deemed by this Act to have committed the violation; or
(b) the Minister, on the basis of a review under this Act, has determined that the person has committed the violation.
65 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.
Marginal note:Time limit
66 No proceedings in respect of a violation may be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.
Marginal note:Advice available to public
(2) The committee shall make available to the public the advice it provided to the Minister.
Marginal note:Remuneration and travel and living expenses
(3) Committee members may be paid remuneration up to the amount that is fixed by the Governor in Council and are entitled to the reasonable travel and living expenses that they incur while performing their duties away from their ordinary place of residence.
Marginal note:Statutory Instruments Act
Marginal note:How act or omission may be proceeded with
69 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Marginal note:Certification by Minister
70 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged offence or violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.
Marginal note:Publication of information about contraventions
71 The Minister may publish information about any contravention of this Act or the regulations, or any violation referred to in section 49, for the purpose of encouraging compliance with this Act and the regulations.
Consequential Amendments to the Hazardous Products Act
Coming into Force
Marginal note:Order in council
Return to footnote *[Note: Act in force June 20, 2011, see SI/2011-12.]
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