Agriculture and Agri-Food Administrative Monetary Penalties Regulations
SOR/2000-187
AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2000-05-04
Agriculture and Agri-Food Administrative Monetary Penalties Regulations
The Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations.
Return to footnote aS.C. 1995, c. 40
May 3, 2000
Interpretation
1 The following definitions apply in these Regulations.
- Act
Act means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)
- import reference document
import reference document means the document entitled Import Reference Document published by the Canadian Food Inspection Agency on April 11, 2001. (document de référence)
- SOR/2003-256, s. 1
Violations
2 The contravention of a provision of the Health of Animals Act or the Plant Protection Act or of a regulation made under these Acts, or the contravention of an order — or class of orders — made by the Minister under the Plant Protection Act, or the refusal or neglect to perform any specified duty — or class of duties — imposed by or under the Health of Animals Act or the Plant Protection Act that is set out in column 1 of an item of Schedule 1, is a violation that may be proceeded with in accordance with the Act.
Short-form Descriptions
3 The short-form descriptions that are set out in column 2 of Schedule 1 are established to be used in notices of violations in respect of violations of the corresponding provisions that are set out in column 1 of Schedule 1.
- SOR/2005-190, s. 1
Classification
4 The classification of a violation as a minor, serious or very serious violation of a provision set out in column 1 of an item of Schedule 1 is as set out in column 3 of that item.
Penalties
5 (1) The amount of the penalty in respect of a violation committed by an individual otherwise than in the course of business and that is not committed to obtain a financial benefit is
(a) $100, for a minor violation;
(b) $200, for a serious violation; and
(c) $400, for a very serious violation.
(2) The amount of the penalty in respect of a minor violation committed by a person in the course of business or in order to obtain a financial benefit is $500.
(3) The amount of the penalty in respect of a violation committed by a person in the course of business or in order to obtain a financial benefit is $2,000 for a serious violation and $4,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established pursuant to section 6, that is set out in column 1 of an item of Schedule 2 in accordance with the calculation set out in column 2 of that item.
6 The total gravity value in respect of each serious or very serious violation referred to in subsection 5(3) shall be established by
(a) considering the following criteria:
(i) the history of the person who committed the violation in respect of prior violations or offences as described in column 2 of an item of Part 1 of Schedule 3,
(ii) the degree of intention or negligence on the part of the person who committed the violation as described in column 2 of an item of Part 2 of Schedule 3, and
(iii) the harm done or that could be done by the violation as described in column 2 of an item of Part 3 of Schedule 3;
(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i), (ii) and (iii), the applicable gravity value that is set out in column 1 of an item of Parts 1, 2 and 3 of Schedule 3; and
(c) adding the values obtained under paragraph (b).
Compliance Agreements
7 (1) Subject to subsection (2), where the Minister agrees to enter into a compliance agreement and the terms and conditions of the agreement include monetary expenditures to be made by a person, the amount of the penalty shall be reduced by one dollar for every two dollars spent by the person, with a maximum reduction to nil.
(2) The amount set out in a notice of default served pursuant to subsection 10(4) of the Act shall be paid by certified cheque or money order made payable to the Receiver General for Canada within 15 days after service of the notice.
Service of Documents
8 (1) Service of any document originating from the Minister, including a notice of violation, on an individual named in the document may be made
(a) personally, by leaving a copy of it
(i) with the individual at any place, or
(ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual. The day on which the document is left with that person is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.
(2) Service of a notice of violation on a person other than an individual may be effected by
(a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the person or to the person’s agent;
(b) leaving a copy of it at the person’s head office or place of business, with an officer or other individual who appears to be in control or management of the head office or place of business or with the person’s agent; or
(c) sending a copy of it by electronic means other than by fax to any individual referred to in paragraph (b).
(3) Where a document is sent by fax or by other electronic means, another copy of the document shall be sent by registered mail.
9 (1) A person who signs a certificate of service, in a form approved by the Minister, stating that the notice of violation was served on the person named in the certificate and the means by which service was effected is deemed to have served the document on the date that is determined pursuant to subsections (2) to (4).
(2) A document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office.
(3) A document sent by courier is served on the 10th day after the date indicated in the courier’s receipt issued to the sender.
(4) A document sent by fax or other electronic means is served on the date it is sent.
Payment
10 (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty 30 days after the day on which the notice is served.
(2) A person named in a notice of violation may pay an amount equal to one half of the penalty, in lieu of the penalty, within 15 days after the day on which the notice is served.
(3) For the purposes of subsections (1) and (2), payment is deemed to be made:
(a) on the date indicated in the postmark stamped on the envelope, where the amount is sent by regular mail; or
(b) on the date indicated in the receipt issued by the post office or the courier, where the amount is sent by registered mail or courier.
Review and Compliance Agreements
11 (1) Where a person named in a notice of violation that contains a warning requests, pursuant to subsection 8(1) of the Act, a review of the facts of the violation by the Minister or the Tribunal, the request shall be made in writing within 30 days after the day on which the notice is served.
(2) Where a person named in a notice of violation that contains a penalty requests, pursuant to subsection 9(2) of the Act, a review of the facts of the violation by the Minister or the Tribunal or, if the penalty is $2,000 or more, to enter into a compliance agreement with the Minister, the request shall be made in writing within 30 days after the day on which the notice is served.
(3) For the purposes of subsection (2), a request to enter into a compliance agreement shall include a proposal outlining in detail the corrective action that will be taken to ensure future compliance.
12 Where a person is notified that the Minister refuses to enter into a compliance agreement, that person may, within 15 days after the day on which the notice is served
(a) pay the amount of penalty set out in the notice of violation; or
(b) request, in writing, a review by the Tribunal of the facts of the violation referred to in the notice of violation.
13 Where, after concluding a review requested pursuant to subsection 8(1) or 9(2) of the Act, the Minister notifies a person that it is the Minister’s decision that the person committed the violation, the person may
(a) request, in writing, within 15 days after the day on which the notice is served, a review of the Minister’s decision by the Tribunal; or
(b) where the review is in respect of a penalty, and the decision maintains the penalty or corrects the amount of the penalty, pay the penalty or the corrected amount, within 15 days after the day on which the notice is served.
14 (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier, fax or other electronic means to a person and place authorized by the Minister.
(2) Where a person makes a request referred to in subsection (1), the date of the request is
(a) the date on which the request is delivered to the authorized recipient, if the request is delivered by hand;
(b) the earlier of the date on which the request is received by the authorized recipient and the date on the receipt given to the person by a post office or courier, if the request is sent by registered mail or courier; or
(c) the date that appears on the fax or other electronic transmission.
(3) Where a request is sent by fax or by other electronic means, another copy of the request shall be sent by registered mail.
Review by Tribunal
15 (1) A review by the Tribunal shall be conducted orally where the person named in the notice of violation requests that the review be oral.
(2) A review, whether conducted orally or through written representations, may include hearings by conference telephone, conference video or other electronic means where, in the Tribunal’s opinion, its deliberations will be assisted by those means.
(3) Where a review is in respect of a penalty and the Tribunal maintains the penalty or corrects the amount of the penalty, the person who requested the review shall pay the penalty or the corrected amount within 30 days after the day on which notice of the Tribunal’s decision is served.
Coming into Force
16 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 2 to 4)
PART 1Health of Animals Act and Health of Animals Regulations
DIVISION 1Health of Animals Act(S.C. 1990, c. 21)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Health of Animals Act | Short-form Description | Classification |
| 1 | 5(1) | Fail to notify the nearest veterinary inspector of the presence of a reportable disease or a toxic substance | Very serious |
| 2 | 5(2) | Fail to notify a veterinary inspector of the suspicion of a reportable disease or a toxic substance | Very serious |
| 3 | 7(3) | Enter in a place in contravention of a notice | Serious |
| 4 | 8 | Conceal the existence of a reportable disease or a toxic substance | Very serious |
| 5 | 9 | Keep on open land an infected animal | Very serious |
| 6 | 10 | Bring into a public place an infected animal | Very serious |
| 7 | 11 | Sell or offer or expose for sale an infected animal, a part of an infected animal or an animal product or animal by-product obtained from an infected animal | Very serious |
| 8 | 12 | Throw in a body of water a carcass or a part of an animal that is known to be infected or that was destroyed because of a disease | Very serious |
| 9 | 13(1) | Dig up all or part of the carcass of an animal that died of a disease or that was destroyed because of a disease | Very serious |
| 10 | 15 | Possess or dispose of an animal or thing known to be imported illegally | Very serious |
| 11 | 16 | Fail to present an animal or thing | Very serious |
| 12 | 18(2) | Fail to comply with the prescribed notice | Very serious |
| 13 | 19(1) | Export an animal without the prescribed certificate | Serious |
| 14 | 19(2) | Fail to present an animal | Serious |
| 15 | 19(4) | Send or take an animal out of Canada without a copy of the prescribed certificate | Serious |
| 16 | 25(1) | Remove from or take into an infected place any animal or thing without the required licence | Very serious |
| 17 | 25(3) | Fail to comply with the prescribed notice | Very serious |
| 18 | 27(5) | Fail to comply with the prescribed notice | Very serious |
| 19 | 31(2) | Fail to provide or maintain adequate facilities | Serious |
| 20 | 35(1) |
| Serious |
| Very serious | ||
| 21 | 35(2) |
| Very serious |
| Serious | ||
| 22 | 37(2) | Fail to comply with the prescribed notice | Serious |
| 23 | 43(2) | Fail to comply with the prescribed notice | Serious |
| 24 | 44 |
| Very serious |
| Serious | ||
| 25 | 48(3) |
| Very serious |
| Serious | ||
DIVISION 2Health of Animals Regulations(C.R.C., c. 296; SOR/91-525)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Health of Animals Regulations | Short-form Description | Classification |
| 1 | 3(2) | Fail to comply with a prescribed order | Serious |
| 2 | 5(2) | Fail to comply with a prescribed order | Serious |
| 3 | 6 | Fail to comply with a quarantine notice | Very serious |
| 3.1 | 6.2 | Fail to ensure that specified risk material has been removed from cattle slaughtered, cut up or deboned for human consumption as food | Very serious |
| 3.2 | 6.3 | Use or export for human consumption as food specified risk material in any form, where the specified risk material was removed from cattle slaughtered in Canada | Very serious |
| 4 | 9 | Fail to comply with a quarantine notice | Very serious |
| 5 | 11(1)(a) |
| Very serious |
| Very serious | ||
| 6 | 12(1)(a) |
| Very serious |
| Very serious | ||
| 7 | 12(2) |
| Very serious |
| Very serious | ||
| 8 | 12(3) |
| Very serious |
| Very serious | ||
| 9 | 12(4) | Import a regulated animal without a permit from an undesignated area for an animal of that species, if there are no applicable provisions in the import reference document | Very serious |
| 10 | 12(5)(a) |
| Minor |
| Minor | ||
| 11 | 12(5)(b) | Transport a regulated animal for slaughter or for confinement in a restricted premises in a conveyance the exits of which are not sealed | Serious |
| 12 | 12(6) | Import a regulated animal without a permit that is transported through the United States in a conveyance the exits of which are not sealed | Serious |
| 13 | 13 | Import a regulated animal under a permit or certificate that contains false or misleading information | Very serious |
| 14 | 14 | Import a regulated animal that has been in contact with another animal that poses a higher risk or that has been in contact with anything used in relation to the animal with the higher risk | Serious |
| 15 | 15 | Import a regulated animal that is not clearly identified at the time of importation | Serious |
| 16 | 16 | Fail to keep a record which clearly shows the place of origin of the regulated animal, as well as the place and date of its importation | Serious |
| 17 to 65 [Repealed, SOR/2003-256, s. 2] | |||
| 66 | 34(1)(a) | Import an animal product from a country that is not designated free from foot and mouth disease | Minor |
| 67 | 34(1)(b) | Import an animal product without the required certificate | Serious |
| 68 | 34(2)(a) | Import unfertilized eggs from a country that is not designated free from Newcastle disease and avian influenza | Serious |
| 69 | 34(2)(b) | Import unfertilized eggs without the prescribed certificate | Serious |
| 70 | 34(2)(c) | Import unfertilized eggs that are packed in dirty containers | Serious |
| 71 to 78 [Repealed, SOR/2003-256, s. 3] | |||
| 79 | 40 | Import an animal by-product without meeting the prescribed requirements | Serious |
| 80 | 41(2)(a) | Import an animal by-product from a country, other than the United States, that is not designated as free of prescribed diseases | Serious |
| 81 | 41(2)(b) | Import an animal by-product without a certificate | Minor |
| 82 | 41.1(2) | Use or cause to be used an animal by-product for animal food or as ingredient for animal food | Very serious |
| 83 | 42.1(2) | Fail to process raw glands or organs as prescribed | Serious |
| 84 | 42.1(3) | Transport or cause to be transported raw glands or organs to a place other than the required establishment | Serious |
| 85 | 45(1)(a) | Import gluestock without meeting the prescribed conditions | Serious |
| 86 | 45(1)(b) | Fail to transport gluestock directly to the approved establishment | Serious |
| 87 | 45(2) | Fail to process gluestock as prescribed | Serious |
| 88 | 45(3) | Transport or cause to be transported gluestock to a place other than the required establishment | Serious |
| 89 | 46(1) | Import animal manure, blood meal, bone meal, tankage, or feather meal without meeting the prescribed requirements | Very serious |
| 90 | 47 | Import from a country, other than the United States, garbage or refuse containing an animal product or by-product | Very serious |
| 91 | 47.1(2) |
| Serious |
| Very serious | ||
| 92 | 47.1(3) | Discharge refuse without incinerating, sterilizing or deep burying the refuse as prescribed | Serious |
| 93 | 47.1(4) | Discharge garbage or refuse without meeting the prescribed requirements | Serious |
| 94 | 47.1(5) | Discharge refuse, garbage or manure at a place where it cannot be treated and disposed of as prescribed | Serious |
| 95 | 47.1(6) |
| Serious |
| Serious | ||
| 96 | 47.1(7)(b) | Fail to store refuse, garbage or manure as specified by an inspector | Serious |
| 97 | 47.1(8) | Fail to comply with the requirements of an inspector while transporting garbage, refuse or manure | Serious |
| 98 | 49 | Import a game animal carcass without meeting the prescribed conditions | Minor |
| 99 | 50(a) | Import matted or blood-stained wool, hair or bristles | Minor |
| 100 | 50(b) | Import an animal by-product removed from a diseased animal | Serious |
| 101 | 51(a) | Import an animal pathogen into Canada without a permit | Very serious |
| 102 | 51(b) | Import an animal, animal product, animal by-product or other organism carrying all or part of an animal pathogen without a permit | Very serious |
| 103 | 51(c) | Import blood or serum without the required permit | Serious |
| 104 | 51.1(a) |
| Very serious |
| Serious | ||
| 105 | 51.1(b) |
| Very serious |
| Very serious | ||
| 106 | 51.2(1)(b) |
| Very serious |
| Serious | ||
| 107 | 51.2(2) | Expose or use animal blood or serum in a live animal | Very serious |
| 108 | 53(b) |
| Serious |
| Minor | ||
| 109 | 53(c) | Import animal food on a vessel which carried uncertified ruminants or swine | Serious |
| 110 | 54 | Import fodder to be used to feed animals | Serious |
| 111 | 57(a) |
| Serious |
| Minor | ||
| 112 | 57(b) |
| Minor |
| Minor | ||
| 113 | 58(1) | Import an animal without having it admitted at an approved place | Minor |
| 114 | 58(2) | Import an animal by air without having it admitted at an approved place | Serious |
| 115 | 61 | Remove an animal that has not been quarantined | Very serious |
| 116 | 62 | Fail to destroy or to remove from Canada an animal as ordered | Very serious |
| 117 | 69(1)(a) | Export livestock, poultry, embryos or semen without the required certificate | Serious |
| 118 | 69(1)(b) | Export livestock, poultry, embryos or semen without meeting the requirements of the destination country | Serious |
| 119 | 69(2) | Export semen that was not stored as prescribed | Serious |
| 120 | 69(3) | Export livestock, poultry, embryos or semen without the official export stamp on the certificate | Serious |
| 121 | 69(4) | Apply an official export stamp to a certificate without authorization | Serious |
| 122 | 71(1) | Export without the consent of an inspector an animal that has not been at the place of embarkation for at least 12 hours | Serious |
| 123 | 73.1 | Fail to comply with a request to test animals | Very serious |
| 124 | 76(1) | Move or cause to be moved a Cervidae or a bovine without the required permit | Very serious |
| 125 | 76(2) | Receive or possess a Cervidae or a bovine moved without the required permit | Very serious |
| 125.1 | 76(3) | Fail to keep a copy of the required permit | Minor |
| 125.2 | 78.26 | Fail to produce the required permit | Very serious |
| 126 | 79.11 | Fail to comply with a request to test poultry, poultry products or poultry by-products | Serious |
| 127 | 79.13 | Transport or permit to be transported day old chicks or hatching eggs into an eradication area without a certificate | Serious |
| 128 | 79.14(1) | Exhibit in a show poultry that is not identified or certified as prescribed | Serious |
| 129 | 79.14(2) | Permit to be exhibited poultry that is not identified or certified as prescribed | Serious |
| 130 | 79.15 | Keep untested poultry on the premises of an approved hatchery supply flock | Serious |
| 131 | 79.16(1) | Fail to keep a record of mortality | Serious |
| 132 | 79.16(2) | Fail to immediately submit a sample of dead birds | Serious |
| 133 | 79.17(1) |
| Serious |
| Serious | ||
| 134 | 79.17(2) | Fail to identify poultry | Serious |
| 135 | 79.18 |
| Serious |
| Serious | ||
| 136 | 79.19(1)(a) | Operate a hatchery without a health monitored hatchery permit | Serious |
| 137 | 79.19(1)(b) | Fail to submit required fluff samples as prescribed | Minor |
| 138 | 79.19(7) | Sell chicks or remove chicks from a hatchery without permission | Serious |
| 139 | 79.19(8) | Fail to ensure that a chick or an unhatched embryo is killed in a humane manner | Serious |
| 140 | 79.2 | Fail to submit poultry for prescribed tests | Serious |
| 141 | 80 | Move a designated animal or thing without the permission of an inspector | Very serious |
| 142 | 83(1) | Fail to isolate or muzzle a dog | Very serious |
| 143 | 89(a) | Expose an imported bird to another bird | Serious |
| 144 | 89(b) | Transport an import bird with another bird | Serious |
| 145 | 90 | Fail to comply with an order to segregate an animal or an order to have an animal inspected | Serious |
| 145.1 | 91.2(1) | Fail to immediately notify the Minister of a disease as required | Serious |
| 145.2 | 91.2(2) | Fail to include the required information with a notification | Minor |
| 145.3 | 91.2(3) | Fail to notify the Minister immediately after the end of the calendar year of a disease as required | Serious |
| 146 | 91.3(a) | Fail to keep a record for a period of two years | Serious |
| 147 | 91.3(b) | Fail to provide an inspector with a record | Serious |
| 148 | 91.3(c) | Fail to provide an inspector with the information contained in a record | Serious |
| 149 | 91.4(2)(a) | Remove a disease agent, an animal or a thing quarantined from the place of quarantine without authorization | Very serious |
| 150 | 91.4(2)(b) | Allow a disease agent, an animal or a thing quarantined to come into contact with an animal without authorization | Very serious |
| 151 | 91.4(2)(c) | Destroy a disease agent, an animal or a thing quarantined without authorization | Very serious |
| 152 | 91.4(2)(d) | Treat or test a disease agent, an animal or a thing quarantined without authorization | Very serious |
| 153 | 91.4(3) | Fail to notify that a quarantined animal appears sick | Very serious |
| 154 | 91.4(4)(a) | Move a disease agent or a thing that is quarantined without permission | Very serious |
| 155 | 91.4(4)(b) | Alter the appearance of a disease agent or a thing quarantined without permission | Very serious |
| 156 | 91.4(4)(c) | Remove a tag, sign or notice without permission | Serious |
| 157 | 91.4(4)(d) |
| Very serious |
| Serious | ||
| 158 | 91.4(5)(a) | Transport or cause to be transported a disease agent or a thing quarantined without a licence | Very serious |
| 159 | 91.4(5)(b) | Fail to provide the person in charge of the conveyance with a copy of the licence | Serious |
| 160 | 91.4(5)(c) | Fail to transport a disease agent or a thing directly to the required location | Very serious |
| 161 | 91.4(6) | Fail to comply with a notice | Very serious |
| 162 | 92(1)(a) | Hold a sale, auction or market without the required facilities | Serious |
| 163 | 93 | Fail to keep in a sanitary condition a sale, auction or market | Minor |
| 164 | 94 | Fail to keep prescribed records or to make them available for inspection | Serious |
| 165 | 95(a) | Fail to identify an animal | Minor |
| 166 | 95(b) | Fail to have an animal examined and tested | Serious |
| 167 | 95.1(1) | Sell a bovine without meeting the prescribed requirements | Serious |
| 168 | 95.1(3) | Allow the sale, auction or market of a bovine where permission has been refused | Serious |
| 169 | 95.1(4)(a) | Fail to identify each specimen collected from a bovine | Minor |
| 170 | 95.1(4)(b) | Fail to keep a record as prescribed | Minor |
| 171 | 95.1(4)(c) | Fail to deliver a specimen and a copy of the record | Minor |
| 172 | 96 | Offer for sale an animal that is not identified as prescribed | Minor |
| 173 | 98 | Fail to properly mark livestock that reacts positively to a test for a reportable disease | Very serious |
| 174 | 100 | Place or affix without authorization a tag or a mark on an animal | Serious |
| 175 | 101 | Remove or deface without authorization a tag placed on an animal | Very serious |
| 176 | 103 | Break, alter, tamper with or remove without authorization a seal or other device | Serious |
| 177 | 104(1)(a)(i) | Fail to comply with an order to clean and disinfect a place or a building | Serious |
| 178 | 104(1)(a)(ii) | Fail to comply with an order to clean and disinfect a conveyance | Serious |
| 179 | 104(1)(b) | Fail to comply with an order to clean and disinfect footwear, clothing or other thing | Serious |
| 180 | 104(2) | Fail to clean and disinfect a conveyance in which an animal that was required to be destroyed was transported | Serious |
| 181 | 105(1) |
| Serious |
| Minor | ||
| 182 | 105(3) | Fail to clean and disinfect a container before it is used again | Serious |
| 183 | 106(1) | Fail to clean and disinfect an aircraft or vessel | Serious |
| 184 | 106(3) | Fail to comply with an order to clean and disinfect a motor vehicle | Minor |
| 185 | 106(5) | Bring into Canada a conveyance used to transport an animal that has not been cleaned and disinfected | Serious |
| 186 | 106(6) | Fail to clean and disinfect a conveyance as prescribed | Minor |
| 187 | 106(7) | Fail to comply with an order to clean and disinfect a premises | Minor |
| 188 | 106(8) | Fail to affix notice as prescribed | Minor |
| 189 | 108(a) | Fail to completely clean a place or thing | Serious |
| 190 | 108(b) | Fail to disinfect a place or thing as prescribed | Minor |
| 191 | 109(1) | Fail to comply with an order to clean and disinfect a place where a sale, auction or market is conducted | Minor |
| 192 | 109(2) | Hold an auction, a sale or a market in a dirty place without consent | Minor |
| 193 | 110 | Fail to comply with a request to provide samples or provide a sample that does not meet the prescribed requirements | Minor |
| 194 | 112(1) |
| Very serious |
| Very serious | ||
| 195 | [Repealed, SOR/2003-385, s. 2] | ||
| 196 | 114 | Fail to comply with an order to dispose of a carcass | Serious |
| 197 | 117(1) |
| Very serious |
| Serious | ||
| 198 | 117(2) | Fail to destroy semen as prescribed | Serious |
| 199 | 118 | Fail to comply with an order to destroy contaminated semen | Serious |
| 200 | 119(1) | Fail to keep records as prescribed or to make it available to an inspector | Minor |
| 201 | 119(2) | Fail to keep records as prescribed or to make them available to an inspector | Minor |
| 202 | 119(3) |
| Minor |
| Minor | ||
| 203 | 120.3(1)(b) | Release a veterinary biologic without the required permit | Very serious |
| 204 | 120.6(1) | Fail to provide the Minister with new information | Very serious |
| 205 | 121(1) | Import a veterinary biologic without a permit | Very serious |
| 206 | 121(1.1) | Fail to ship a veterinary biologic directly to Canada | Serious |
| 207 | 122(4)(a) |
| Serious |
| Serious | ||
| 208 | 122(4)(b) | Fail to furnish the required samples | Serious |
| 209 | 123 |
| Very serious |
| Serious | ||
| Minor | ||
| 210 | 124 | Manufacture a veterinary biologic without a product licence | Very serious |
| 211 | 128(1) |
| Serious |
| Minor | ||
| 212 | 128(2) | Fail to inform the Minister | Serious |
| 213 | 128(4) | Test a veterinary biologic in an unauthorized room or building | Minor |
| 214 | 128(5) | Conduct a diagnostic examination or procedure in a place that does not meet the prescribed requirements | Serious |
| 215 | 128(6) | Conduct research or experimentation in an unauthorized area | Serious |
| 216 | 129(1)(a) | Fail to keep or make available to a veterinary inspector the prescribed records | Serious |
| 217 | 129(1)(b) | Fail to furnish the Minister with the required samples | Serious |
| 218 | 129(2) | Fail to keep records for at least two years | Serious |
| 219 | 130 | Sell a veterinary biologic or diluent that has not been prepared, manufactured, preserved, packed, labelled or tested in the manner described in the product outline | Very serious |
| 220 | 130.1 | Fail to store a veterinary biologic as prescribed | Serious |
| 221 | 131 | Fail to comply with an order | Very serious |
| 222 | 132(1) | Import, sell, advertise or offer for sale a veterinary biologic that is not packed or labelled in accordance with the prescribed requirements | Serious |
| 223 | 133(1) | Sell, advertise or offer for sale a veterinary biologic in a container without a label | Serious |
| 224 | 133(3) | Import a veterinary biologic in an outer container or a shipping container without a label | Serious |
| 225 | 134(1) | Import, sell, advertise or offer for sale a veterinary biologic whose label does not show the prescribed information | Serious |
| 226 | 134(3) | Import, sell, advertise or offer for sale a veterinary biologic whose label does not meet the prescribed language requirements | Minor |
| 227 | 134.1 | Sell or offer for sale a veterinary biologic after its expiration date | Serious |
| 228 | 134.2(1) | Sell or offer for sale a rabies vaccine to anyone other than a veterinarian | Serious |
| 229 | 135(1) | Make a claim that is not supported by the product outline | Serious |
| 230 | 135(2) | Misrepresent a veterinary biologic in an advertisement | Serious |
| 231 | 135.1 | Fail to report to the Minister a deficiency in safety, potency or efficacy of a veterinary biologic | Very serious |
| 232 | 138(1) | Transport out of Canada a diseased animal | Serious |
| 233 | 138(2)(a) | Load, transport or cause to be loaded or transported an animal that cannot be transported without suffering | Serious |
| 234 | 138(2)(b) | Load, transport or cause to be loaded or transported an animal that has not been fed and watered | Serious |
| 235 | 138(2)(c) | Load, transport or cause to be loaded or transported an animal that might give birth | Serious |
| 236 | 138(4) | Continue to transport an animal that is unfit for transport | Serious |
| 237 | 139(1) | Beat an animal being loaded or unloaded | Very serious |
| 238 | 139(2) | Load, unload or cause to be loaded or unloaded an animal in a way likely to cause suffering | Serious |
| 239 | 139(3) |
| Minor |
| Minor | ||
| 240 | 139(4) | Use a ramp or gangway with sides of insufficient strength or height | Minor |
| 241 | 139(5) | Use a ramp so that there is an unprotected gap | Minor |
| 242 | 139(6)(a) | Use a loading gate or chute that is not fitted with safe and secure footholds | Minor |
| 243 | 139(6)(b) | Use a loading gate or chute that is unsuitable for loading or unloading livestock | Minor |
| 244 | 140(1) | Overload a conveyance or cause a conveyance to be overloaded | Serious |
| 245 | 140(2) | Transport or cause to be transported animals in an overcrowded conveyance | Serious |
| 246 | 141(1) | Load a conveyance or transport animals without segregating them as prescribed | Serious |
| 247 | 142(a) | Transport or cause to be transported animals that cannot stand in their natural position | Minor |
| 248 | 142(b) | Transport or cause to be transported animals without adequate drainage or absorption of urine | Minor |
| 249 | 143(1)(a) | Transport or cause to be transported an animal in a conveyance that is constructed inadequately | Serious |
| 250 | 143(1)(b) | Transport or cause to be transported an animal where insecure fittings or projections could cause injury | Serious |
| 251 | 143(1)(c) | Transport or cause to be transported an animal where inadequately padded, fenced off or obstructed fittings could cause injury | Serious |
| 252 | 143(1)(d) | Transport or cause to be transported an animal with undue exposure to weather | Serious |
| 253 | 143(1)(e) | Transport or cause to be transported an animal with inadequate ventilation | Serious |
| 254 | 143(2)(a) | Transport or cause to be transported livestock in a conveyance without sand or secure footholds | Minor |
| 255 | 143(2)(b) | Transport or cause to be transported livestock without bedding | Minor |
| 256 | 143(4) | Fail to have facilities on board a vessel to protect an equine from sea-sickness | Very serious |
| 257 | 144(1) | Transport, load or cause to be transported or loaded an animal in a container that does not meet the prescribed requirements | Serious |
| 258 | 144(2) | Transport, load or cause to be transported or loaded an animal in a container not equipped with the required sign | Minor |
| 259 | 144(3) | Fail to properly secure a container | Serious |
| 260 | 145 | Fail to maintain or have access to required facilities | Minor |
| 261 | 146 | Fail to provide adequate ventilation, in the case of an aircraft | Very serious |
| 262 | 147 | Fail to provide adequate ventilation, in the case of a vessel | Very serious |
| 263 | 148(1)(a) | Confine a monogastric animal in a conveyance for longer than 36 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations | Serious |
| 264 | 148(1)(b) | Confine a ruminant in a conveyance for longer than 48 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations | Serious |
| 265 | 148(3) | Confine chicks without food or water for longer than 72 hours | Serious |
| 266 | 148(4) |
| Serious |
| Serious | ||
| 267 | 148(5) | Unload livestock into a pen that does not meet the prescribed requirements | Serious |
| 268 | 148(6)(a) | Fail to provide sufficient food or water for the duration of the voyage | Serious |
| 269 | 148(6)(b) | Fail to provide additional food or water | Serious |
| 270 | 148(6)(c) | Fail to store food or water as prescribed | Serious |
| 271 | 148(6)(d) | Fail to provide sufficient water pipes or taps | Serious |
| 272 | 149 | Fail to provide suitable food or water to calves | Serious |
| 273 | 150 | Fail to report an injured animal | Serious |
| 274 | 151(1) | Fail to record as prescribed | Minor |
| 275 | 151(2) |
| Minor |
| Serious | ||
| 276 | 151(3)(a) | Fail to keep records for a period of two years | Minor |
| 277 | 151(3)(b) | Fail to provide records to an inspector | Minor |
| 278 | 151(3)(c) | Fail to provide information | Minor |
| 279 | 152(1) |
| Serious |
| Serious | ||
| 280 | 152(2) | Fail to have a veterinary inspector on a vessel or an aircraft | Serious |
| 281 | 152(3) | Fail to notify a veterinary inspector of the time of departure of the vessel or of the names of the required crew | Serious |
| 282 | 152(4) | Fail to report to a veterinary inspector | Serious |
| 283 | 153(1)(a) | Transport or cause to be transported animals aboard a vessel on more than three decks without an additional deck specially fitted | Serious |
| 284 | 153(1)(b) | Transport or cause to be transported animals aboard a vessel on a deck exposed to the weather | Serious |
| 285 | 153(1)(c) | Transport or cause to be transported animals aboard a vessel on a structure not suited for their transport | Serious |
| 286 | 153(1)(d) | Transport or cause to be transported animals in a part of the vessel where their presence would interfere with management, ventilation, operation or safety of the vessel | Serious |
| 287 | 153(1)(e) | Transport or cause to be transported animals aboard a vessel on a hatch above other animals | Serious |
| 288 | 153(1)(f) | Transport or cause to be transported animals aboard a vessel on a hatch where there is no other access to the space below | Serious |
| 289 | 153(2)(a) | Load freight or feed for animals on a hatch above animals | Minor |
| 290 | 153(2)(b) | Fail to keep the required space free and clear | Minor |
| 291 | 153(2)(c) | Fail to provide adequate passageways | Minor |
| 292 | 154(a) | Fail to tie a bovine as prescribed | Minor |
| 293 | 154(b) | Fail to tie an equine as prescribed | Minor |
| 294 | 154(c) | Fail to transport sheep, goats or swine in pens or enclosed containers | Minor |
| 295 | 155 | Fail to comply with an order | Serious |
| 296 | 156 | Fail to provide adequate lighting | Serious |
| 297 | 157 | Transport or cause to be transported animals near the engine or boiler room where casings are not adequately isolated | Serious |
| 298 | 158(1)(a) | Fail to provide a suitable humane killing device in good working order | Serious |
| 299 | 158(1)(b) | Fail to provide an adequate quantity of ammunition | Serious |
| 300 | 158(2) |
| Serious |
| Serious | ||
| 301 | 159 | Fail to provide a sufficient quantity of veterinary drugs | Serious |
| 302 | 160.1 | Fail to comply with the conditions contained in a permit or licence | Serious |
| 303 | 161(4) | Sell or transfer a licence to another person | Serious |
| 303.001 | 164 | Feed prohibited material to a ruminant | Very serious |
| 303.002 | 165(1) |
| Very serious |
| 303.003 | 165(2) | Fail to keep the prescribed records | Very serious |
| 303.004 | 165(3) | Distribute or sell a product of a rendering plant that contains prohibited material without the prescribed documentation or label | Very serious |
| 303.005 | 166(1) |
| Very serious |
| 303.006 | 166(2) | Fail to keep the required records | Very serious |
| 303.007 | 167 | Sell or distribute a product of a rendering plant without prescribed documentation or labelling | Very serious |
| 303.008 | 168 | Import, manufacture, package, label, store, distribute, sell or advertise for sale animal food for ruminants that contains prohibited material | Very serious |
| 303.009 | 169 | Import, manufacture, package, store, distribute, sell or advertise for sale animal food that contains prohibited material without prescribed documentation or labelling | Very serious |
| 303.01 | 170(1) | Fail to have procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material | Very serious |
| 303.011 | 170(2)(a) | Fail to follow procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material | Very serious |
| 303.012 | 170(2)(b) | Fail to keep the required records | Very serious |
| 303.013 | 170(3) |
| Very serious |
| 303.014 | 171(1) | Fail to keep the prescribed records | Very serious |
| 303.015 | 171(2) | Fail to keep the prescribed records | Very serious |
| 303.1 | 175(1.1) | Apply or cause the application of an approved tag to an animal or to the carcass of an animal of a species other than the species for which the tag was issued | Minor |
| 303.2 | 175.1(1) | Fail to keep the required record | Serious |
| 303.3 | 175.1(3) | Fail to keep the required record | Serious |
| 303.4 | 175.1(4) | Fail to keep the required record for the prescribed period | Serious |
| 304 | 176 | Remove or cause the removal of an animal not bearing an approved tag from its farm of origin or from a farm or ranch other than its farm of origin | Minor |
| 305 | [Repealed, SOR/2004-40, s. 1] | ||
| 306 | 177(1) | Transport or cause the transportation of an animal not bearing an approved tag | Minor |
| 307 | 177(2) | Receive or cause the reception of an animal not bearing an approved tag | Minor |
| 308 | 178(1) | Apply or cause the application of an approved tag to an animal or animal’s carcass that is not at the site for which the tag was issued | Serious |
| 309 | 179 | Illegally remove or cause the removal of an approved tag from an animal or animal’s carcass | Serious |
| 310 | 180 | Transfer or cause the transfer of an approved tag to another animal or animal’s carcass | Serious |
| 311 | 181 | Alter or make unreadable the identification number of an approved tag | Serious |
| 312 | 182 | Make, sell or provide fraudulent tags | Very serious |
| 313 | 184(1) | Fail to apply a new approved tag to an animal that has lost its approved tag | Minor |
| 314 | 185 | Fail to keep a record for an animal or animal’s carcass with a new approved tag | Minor |
| 315 | 186(1)(b) | Failure to report the death of an animal and the number of the approved tag to the administrator within the prescribed time | Minor |
| 316 | 186(2) | Failure to maintain the ability to identify the animal’s carcass during the prescribed time | Minor |
| 317 | 186(3) | Fail to keep a record of the death and the approved tag number of an animal that is slaughtered or otherwise dies at a farm, ranch or auction barn | Minor |
| 318 | 187(1)(b) | Failure to report to the administrator within the prescribed time the number of the approved tag of an animal’s carcass disposed of anywhere but on the farm or ranch where the animal died | Minor |
| 319 | 187(2) | Failure by the person disposing of an animal’s carcass not bearing an approved tag anywhere but on the farm or ranch where the animal died to collect enough information on the origin of the animal or carcass, and to report the information to the administrator within the prescribed time | Minor |
| 320 | 188(1)(b) | Fail to report the number of an exported animal’s approved tag to the administrator in the prescribed time | Minor |
| 321 | 189(1)(a) | Fail to apply or cause the application of an approved tag to an imported animal in the prescribed time | Minor |
| 322 | 189(1)(b) and 189(2) | Fail to report information on an imported animal to the administrator in the prescribed time | Minor |
DIVISION 3Import Reference Document, Part III
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Part III of the import reference document | Short-form Description | Classification |
| 1 | 1(2) |
| Minor |
| Minor | ||
| 2 | 2(1)(a) |
| Minor |
| Minor | ||
| 3 | 2(1)(c) |
| Minor |
| Minor | ||
| 4 | 2(1)(d) | Fail to comply with an order | Serious |
| 5 | 2(2)(a) |
| Minor |
| Minor | ||
| 6 | 2(2)(b) | Fail to comply with an order | Serious |
| 7 | 2(2)(c) | Fail to comply with requirement to remove animal from Canada | Serious |
| 8 | 2(3)(a) |
| Minor |
| Minor | ||
| 9 | 2(3)(b) |
| Minor |
| Minor | ||
| 10 | 2(3)(c) | Import a dog without the required proof | Minor |
| 11 | 3 |
| Very serious |
| Very serious | ||
| Serious | ||
| 12 | 4 |
| Very serious |
| Very serious | ||
| 13 | 5(1) |
| Very serious |
| Very serious | ||
| 14 | 5(2) | Move a bovine, equine, sheep, goat, antelope or member of the family cervidae imported for immediate slaughter from the place of entry without a licence | Serious |
| 15 | 5(3)(a) |
| Very serious |
| Very serious | ||
| 16 | 5(4) | Move poultry imported for immediate slaughter from the place of entry without a licence | Serious |
| 17 | 5(5) | Transport a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter without a copy of the licence | Minor |
| 18 | 5(6) | Transport a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter to a place other than the establishment designated in the licence | Serious |
| 19 | 5(7) | Fail to slaughter a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter within four days of the arrival of the animal at an establishment | Serious |
| 20 | 5(8) | Fail to slaughter poultry imported for immediate slaughter within four days after their arrival at an establishment | Serious |
| 21 | 5(9) | Remove a live animal from an establishment mentioned in the licence without authorization of an inspector | Serious |
| 22 | 6(1) | Import a ferret without a rabies vaccination certificate | Minor |
| 23 | 7(2) | Fail to quarantine swine for at least 30 days from the date of its arrival into Canada | Very serious |
| 24 | 9(2) | Import a chick from the United States that is not in a new, cleaned container or a cleaned and disinfected used container | Minor |
| 25 | 10(a) | Import a pigeon without identification | Minor |
| 26 | 10(b) | Import a pigeon without proper vaccination | Minor |
| 27 | 11(1) | Import an ostrich that does not meet the requirements | Serious |
| 28 | 12(1) |
| Minor |
| Minor | ||
| 29 | 12(2)(a) | Import hatching eggs that are not in a new, clean container or a cleaned and disinfected used container | Minor |
| 30 | 12(2)(b) | Import hatching eggs with shells not free from foreign matter | Minor |
| 31 | 12(2)(c) | Import hatching eggs without the identity of the flock of origin on the container | Minor |
| 32 | 13(1) |
| Serious |
| Serious | ||
| Serious | ||
| 33 | 14.2(2) | Import cattle, sheep or goats without the required tattoo or eartag | Minor |
| 34 | 14.2(6)(a) | Fail to remove cattle, sheep or goats from Canada within 21 days after they have been imported | Serious |
| 35 | 14.2(6)(b) | Fail to present cattle, sheep or goats for verification of their removal from Canada | Minor |
| 36 | 14.4(1) | Fail to meet identification requirements | Minor |
| 37 | 14.5(5) | Move imported feeder cattle, sheep or goats to a rodeo or show | Minor |
| 38 | 15(7) | Fail to transport a bovine in accordance with the transportation requirements | Minor |
| 39 | 15(8) | Import a bovine from a sale or show without complying with the importation requirements | Minor |
| 40 | 15(9) | Import a bovine that does not comply with the residence requirements | Very serious |
| 41 | 15(10) | Fail to quarantine bison for at least 60 days after the date it was imported into Canada | Very serious |
| 42 | 16(4) | Import feeder cattle of a group from which one or more proved positive to the required test | Very serious |
| 43 | 16(5) | Move feeder cattle to a rodeo or show | Serious |
| 44 | 17(3) | Fail to quarantine a feeder calf until the day it is slaughtered | Very serious |
| 45 | 17(4)(a) | Import a feeder calf without approval of place of quarantine | Minor |
| 46 | 17(4)(b) |
| Minor |
| Minor | ||
| 47 | 17(4)(c) | Import a feeder calf more than eight hours after its inspection | Minor |
| 48 | 17(5) | Remove or cause to be removed a feeder calf from the place of entry without a licence | Minor |
| 49 | 17(6) | Transport or cause to be transported a feeder calf without a copy of the licence | Minor |
| 50 | 17(7)(a) | Transport or cause to be transported a feeder calf other than to the approved place of quarantine | Minor |
| 51 | 17(7)(b) | Transport or cause to be transported a feeder calf other than in the manner and within the time specified in the licence | Minor |
| 52 | 17(8)(a) | Slaughter a feeder calf at an establishment other than the establishments specified | Minor |
| 53 | 17(8)(b) | Failed to export a feeder calf within 30 weeks after importing it into Canada | Minor |
| 54 | 17(9) | Fail to comply with the requirements for disposal of the carcass of a feeder calf | Minor |
| 55 | 17(10)(a) | Fail to have a post mortem examination performed on the carcass of a feeder calf by a veterinarian | Minor |
| 56 | 17(10)(b) | Fail to comply with the requirements for disposal of the carcass of a feeder calf | Minor |
DIVISION 4Import Reference Document, Part 4
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Part 4 of the import reference document | Short-form Description | Classification |
| 1 | 1 | Import from the United States semen from a regulated animal without proof of origin | Serious |
| 2 | 2 | Import from the United States embryos from a regulated animal without proof of origin | Serious |
PART 2Plant Protection Act and Regulations Under the Plant Protection Act
DIVISION 1Plant Protection Act(S.C. 1990, c. 22)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Plant Protection Act | Short-form Description | Classification |
| 1 | 5 |
| Serious |
| Serious | ||
| 2 | 6(1) | Move, grow, raise, culture or produce a thing without permission | Very serious |
| 3 | 7(1) | Fail to present a thing for inspection | Very serious |
| 4 | 9(1) | Possess or dispose of a thing that was unlawfully imported | Very serious |
| 5 | 13(1) | Fail to comply with a prohibition or restriction imposed under an inspector’s declaration | Very serious |
| 6 | 15(3)(d) | Fail to comply with a prohibition or restriction imposed under an order imposed by the Minister | Very serious |
| 7 | 23(1) |
| Very serious |
| Serious | ||
| 8 | 23(2) |
| Serious |
| Serious | ||
| 9 | 31 | Move, alter or interfere with a seized thing | Very serious |
| 10 | 49 | Fail to comply with a notice | Very serious |
DIVISION 2Potato Production and Sale (Central Caanich) Restriction Regulations(SOR/82-186)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Potato Production and Sale (Central Saanich) Restriction Regulations | Short-form Description | Classification |
| 1 | 3(1)(a) | Seed, plant, grow, produce or harvest potatoes within a prescribed prohibited area | Very serious |
| 2 | 3(1)(b) | Sell or dispose of potatoes seeded, planted, grown, produced or harvested within a prescribed prohibited area | Very serious |
DIVISION 3Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations(SOR/82-448)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations | Short-form Description | Classification |
| 1 | 2 | Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited area | Very serious |
DIVISION 4Plant Protection Regulations(SOR/95-212)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Plant Protection Act | Short-form Description | Classification |
| 1 | 5(4) | Fail to comply with the conditions of an authorization | Very serious |
| 2 | 6(3) | Possess, hold or control a seal without authorization | Serious |
| 3 | 7(1) | Remove, break, alter or tamper with a seal without authorization | Very serious |
| 4 | 7(3) | Fail to ensure that a seal is not removed, broken, altered or tampered with | Very serious |
| 5 | 8 | Misuse documents | Serious |
| 6 | 9(1) |
| Serious |
| Very serious | ||
| 7 | 9(2) |
| Serious |
| Very serious | ||
| 8 | 13(1)(a) | Alter or deface a notice of quarantine or a quarantine tag or erase information thereon | Very serious |
| 9 | 13(1)(b) | Remove a quarantine tag | Very serious |
| 10 | 14(1) | Contravene quarantine conditions | Very serious |
| 11 | 17(4)(a) | Fail to treat or process a thing in accordance with a notice | Very serious |
| 12 | 17(4)(b) | Fail to ensure that a pest or biological obstacle is eradicated or to prevent the spread of a pest or a biological obstacle | Very serious |
| 13 | 19 | Fail to comply forthwith with a removal requirement | Very serious |
| 14 | 20(4) | Fail to comply with a prohibition or restriction placed on the use of a place | Very serious |
| 15 | 21(4) | Fail to comply with a prohibition or restriction of an activity | Very serious |
| 16 | 22(a) |
| Minor |
| Very serious | ||
| 17 | 22(b) | Move a thing without authorization | Very serious |
| 18 | 25(1)(a) | Alter or deface a notice of detention or a detention tag or erase information thereon | Very serious |
| 19 | 25(1)(b) | Remove a detention tag without authorization | Very serious |
| 20 | 25(1)(c) | Undertake an activity in respect of a detained thing without authorization | Very serious |
| 21 | 27(5) | Undertake an unapproved activity in respect of a thing that is required to be disposed of | Serious |
| 22 | 29(1) | Import a thing without a permit number or without a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export | Serious |
| 23 | 34(1) | Fail to comply with the import permit conditions | Very serious |
| 24 | 36(a) | Fail to furnish records where required by permit | Serious |
| 25 | 36(b) | Fail to retain records where required by permit | Serious |
| 26 | 38(a) | Fail to treat or process a thing at origin as prescribed | Serious |
| 27 | 38(b) | Fail to treat or process a thing in a specified or required manner and place | Serious |
| 28 | 39 | Fail to declare as prescribed | Serious |
| 29 | 40(4)(a) | Move an imported thing to an unauthorized place | Serious |
| 30 | 40(4)(b) | Open a conveyance or unpack a package without authorization | Serious |
| 31 | 41(3) |
| Very serious |
| Very serious | ||
| 32 | 42(2) | Import a prohibited thing | Very serious |
| 33 | 43(3)(a) | Fail to ensure non-spread of a pest or biological obstacle | Very serious |
| 34 | 43(3)(b) | Fail to destroy or ensure non-viability of a pest or a biological obstacle | Very serious |
| 35 | 43(4)(a) |
| Serious |
| Serious | ||
| Very serious | ||
| Serious | ||
| Serious | ||
| Serious | ||
| 36 | 45(2)(a) | Fail to obtain a Movement Certificate | Very serious |
| 37 | 45(2)(b) | Fail to comply with the conditions of a Movement Certificate | Very serious |
| 38 | 45(3) | Fail to comply with the conditions of a Movement Certificate prior to movement | Very serious |
| 39 | 46(1) | Alter or deface a Movement Certificate or erase information or statement thereon | Very serious |
| 40 | 46(3) | Substitute a thing for the thing for which a Movement Certificate was issued | Very serious |
| 41 | 50(1) | Move a thing named in Schedule I to the Plant Protection Regulations | Very serious |
| 42 | 50(2) | Move a pest named in Schedule I to the Plant Protection Regulations | Very serious |
| 43 | 50(3) | Move a pest named in Schedule II to the Plant Protection Regulations within or outside an area specified in that Schedule | Very serious |
| 44 | 51 | Move a thing without meeting the requirements prescribed in Schedule II to the Plant Protection Regulations | Very serious |
| 45 | 53(1) | Undertake an activity in contravention of a Ministerial Order or Declaration of Infested Place Notice | Very serious |
| 46 | 54(4)(a) |
| Very serious |
| Serious | ||
| 47 | 54(4)(c) | Move a thing to a place other than as specified in the Movement Certificate | Very serious |
| 48 | 54(4)(d) | Fail to deal with a thing as specified in the Movement Certificate | Very serious |
| 49 | 55(2) | Fail to obtain an export document as prescribed | Serious |
| 50 | 55(4) | Possess, hold or control a Canadian Phytosanitary Certificate Seal or facsimile thereof without authorization | Very serious |
| 51 | 55(5) | Alter or deface a Canadian Phytosanitary Certificate or a Canadian Phytosanitary Certificate for Re-export or erase information or statement thereon | Very serious |
| 52 | 55(7) | Substitute a thing for the thing for which a certificate or other document was issued | Very serious |
| 53 | 56(1) | Fail to obtain an Export Permit as prescribed | Very serious |
| 54 | 57 | Fail to meet the phytosanitary requirements of the importing country | Very serious |
| 55 | 58(2) | Load or complete the loading without approval as prescribed | Very serious |
- SOR/2002-183, s. 1
- SOR/2003-256, ss. 2 to 4
- SOR/2003-385, ss. 1, 2
- SOR/2004-40, s. 1
- SOR/2005-190, ss. 2 to 4
SCHEDULE 2(Subsection 5(3))
Penalty Adjustments
| Column 1 | Column 2 | |
|---|---|---|
| Item | Total Gravity Value | Penalty Adjustment |
| 1 | 1 | Reduce penalty 50% |
| 2 | 2 | Reduce penalty 40% |
| 3 | 3 | Reduce penalty 30% |
| 4 | 4 | Reduce penalty 20% |
| 5 | 5 | Reduce penalty 10% |
| 6 | 6-10 | Do not adjust penalty |
| 7 | 11 | Increase penalty 10% |
| 8 | 12 | Increase penalty 20% |
| 9 | 13 | Increase penalty 30% |
| 10 | 14 | Increase penalty 40% |
| 11 | 15 | Increase penalty 50% |
SCHEDULE 3(Section 6)Total Gravity Value
PART 1History
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | History |
| 1 | 0 | No previous violations or offenses 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 subject to the assessment is committed. |
| 2 | 3 | No 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 subject to the assessment is committed. |
| 3 | 5 | The history in the three years preceding the day on which the violation subject to the assessment is committed is other than the history set out in item 1 or 2. |
PART 2Intent or Negligence
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Intent or Negligence |
| 1 | 0 | The violation subject to the assessment is committed without intent or negligence. |
| 2 | 0 | The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its re-occurrence. |
| 3 | 3 | The violation subject to the assessment is committed through a negligent act. |
| 4 | 5 | The violation subject to the assessment is committed through an intentional act. |
PART 3Harm
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Harm |
| 1 | 1 | The violation subject to the assessment causes or could cause minor harm to |
| ||
| ||
| 2 | 3 | The violation subject to the assessment could cause |
| ||
| ||
| ||
| 3 | 5 | The violation subject to the assessment causes |
| ||
| ||
| ||
- Date modified: