PART 10Administrative 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 amount of the penalty is provided;
(b) every amount set out in a compliance agreement entered into with the Minister under subsection 114(1), from the time the compliance agreement is entered into;
(c) the amount set out in a notice of default referred to in subsection 114(4), from the time the notice is provided; and
(d) the amount of a penalty as set out in a decision of the Minister made under subsection 116(1) or (3), from the time the notice of that decision is provided.
Marginal note:Limitation period
(2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which 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 113 to 116.
Marginal note:Certificate of default
(2) On production to the Federal Court, a certificate made under subsection (1) must 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 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
120 In every case when 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.
121 If a person other than an individual commits a violation, any of the person’s directors, officers or 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 that actually committed the violation is proceeded against under this Act.
Marginal note:Employees or agents or mandataries
122 A person is liable for a violation that is committed by any employee or agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Marginal note:Continuing violation
123 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
124 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.
Marginal note:Limitation period
125 No proceedings in respect of a violation may be commenced after the expiry of six months after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.
Marginal note:How act or omission may be proceeded with
126 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
127 A document purporting to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged 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.
Disclosure of Information
Marginal note:Personal information
128 The Minister may, without the consent of the person to whom the personal information relates and without notifying that person, disclose any personal information, as defined in section 3 of the Privacy Act, that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.
Marginal note:Confidential business information
129 (1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person, disclose any confidential business information that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.
Marginal note:Definition of confidential business information
(2) In subsection (1), confidential business information in respect of a person to whose business or affairs the information relates, means business information
(a) that is not publicly available;
(b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and
(c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.
Marginal note:Designation of analysts
130 For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as analysts.
131 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of any substance taken by the officer, the inspector or the prescribed person.
Marginal note:Certificate or report
(2) An analyst who has made an analysis or examination of a substance or sample submitted under subsection (1) may prepare a certificate or report stating that they have analyzed or examined it and setting out the results of their analysis or examination.
Marginal note:For greater certainty
(2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.
Evidence and Procedure
Marginal note:Copies of documents
133 (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or under a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 50(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the individual purporting to have certified it.
(2) For the purposes of subsection (1), an electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.
Marginal note:Evidence inadmissible under this section
(3) Nothing in subsection (1) renders admissible in evidence any part of any record that is proved to be a record made in the course of an investigation or inquiry.
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