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Version of document from 2012-03-29 to 2014-06-23:

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.

May 3, 2000

LYLE VANCLIEF
Minister of Agriculture and Agri-Food

Interpretation

 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

 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

 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

 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

  •  (1) The amount of the penalty in respect of a violation that is committed by an individual otherwise than in the course of business and that is not committed to obtain a financial benefit is

    • (a) $500, for a minor violation;

    • (b) $800, for a serious violation; and

    • (c) $1300, for a very serious violation.

  • (2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of business or in order to obtain a financial benefit is $1,300.

  • (3) The amount of the penalty in respect of a violation that is committed by a person in the course of business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.

  • SOR/2010-215, s. 1

 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

  •  (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

  •  (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.

  •  (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

  •  (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

  •  (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.

 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.

 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.

  •  (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

  •  (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

 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 1Column 2Column 3
ItemProvision of Health of Animals ActShort-form DescriptionClassification
15(1)Fail to notify the nearest veterinary inspector of the presence of a reportable disease or a toxic substanceVery serious
25(2)Fail to notify a veterinary inspector of the suspicion of a reportable disease or a toxic substanceVery serious
37(3)Enter in a place in contravention of a noticeSerious
48Conceal the existence of a reportable disease or a toxic substanceVery serious
59Keep on open land an infected animalVery serious
610Bring into a public place an infected animalVery serious
711Sell 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 animalVery serious
812Throw 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 diseaseVery serious
913(1)Dig up all or part of the carcass of an animal that died of a disease or that was destroyed because of a diseaseVery serious
1015Possess or dispose of an animal or thing known to be imported illegallyVery serious
1116Fail to present an animal or thingVery serious
1218(2)Fail to comply with the prescribed noticeVery serious
1319(1)Export an animal without the prescribed certificateSerious
1419(2)Fail to present an animalSerious
1519(4)Send or take an animal out of Canada without a copy of the prescribed certificateSerious
1625(1)Remove from or take into an infected place any animal or thing without the required licenceVery serious
1725(3)Fail to comply with the prescribed noticeVery serious
1827(5)Fail to comply with the prescribed noticeVery serious
1931(2)Fail to provide or maintain adequate facilitiesSerious
2035(1)(a) Hinder an inspector, an analyst or an officerSerious
(b) Make any false or misleading statement to an inspector, an analyst or an officerVery serious
2135(2)(a) Fail to give all reasonable assistanceVery serious
(b) Fail to furnish informationSerious
2237(2)Fail to comply with the prescribed noticeSerious
2343(2)Fail to comply with the prescribed noticeSerious
2444(a) Remove an animal or thing seized and detainedVery serious
(b) Alter or interfere with an animal or thing seized and detainedSerious
2548(3)(a) Fail to comply with the prescribed notice to dispose of an animal or thingVery serious
(b) Fail to comply with the prescribed notice to treat an animal or thingSerious

DIVISION 2Health of Animals Regulations(C.R.C., c. 296; SOR/91-525)

Column 1Column 2Column 3
ItemProvision of Health of Animals RegulationsShort-form DescriptionClassification
13(2)Fail to comply with a prescribed orderSerious
25(2)Fail to comply with a prescribed orderSerious
36Fail to comply with a quarantine noticeVery serious
3.16.2Fail to ensure that specified risk material has been removed from cattle slaughtered, cut up or deboned for human consumption as foodVery serious
3.26.3Use or export for human consumption as food specified risk material in any form, where the specified risk material was removed from cattle slaughtered in CanadaVery serious
49Fail to comply with a quarantine noticeVery serious
511(1)(a)(a) Import germplasm of a regulated animal without a permit, if there are no applicable provisions in the import reference documentVery serious
(b) Fail to comply with the conditions of a permitVery serious
612(1)(a)(a) Import a regulated animal without a permit, if there are no applicable provisions in the import reference documentVery serious
(b) Fail to comply with the conditions of a permitVery serious
712(2)(a) Import a regulated animal from an equivalent risk area without the required certificateVery serious
(b) Import a regulated animal from an equivalent risk area with an incomplete certificateVery serious
812(3)(a) Import a regulated animal from a low risk area without the required certificateVery serious
(b) Import a regulated animal from a low risk area with an incomplete certificateVery serious
912(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 documentVery serious
1012(5)(a)(a) Transport a regulated animal for slaughter or for confinement in a restricted premises without a licenceMinor
(b) Fail to comply with the conditions of a licenceMinor
1112(5)(b)Transport a regulated animal for slaughter or for confinement in a restricted premises in a conveyance the exits of which are not sealedSerious
1212(6)Import a regulated animal without a permit that is transported through the United States in a conveyance the exits of which are not sealedSerious
1313Import a regulated animal under a permit or certificate that contains false or misleading informationVery serious
1414Import 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 riskSerious
1515Import a regulated animal that is not clearly identified at the time of importationSerious
1616Fail to keep a record which clearly shows the place of origin of the regulated animal, as well as the place and date of its importationSerious
17 to 65[Repealed, SOR/2003-256, s. 2]
6634(1)(a)Import an animal product from a country that is not designated free from foot and mouth diseaseMinor
6734(1)(b)Import an animal product without the required certificateSerious
6834(2)(a)Import unfertilized eggs from a country that is not designated free from Newcastle disease and avian influenzaSerious
6934(2)(b)Import unfertilized eggs without the prescribed certificateSerious
7034(2)(c)Import unfertilized eggs that are packed in dirty containersSerious
71 to 78[Repealed, SOR/2003-256, s. 3]
7940Import an animal by-product without meeting the prescribed requirementsSerious
8041(2)(a)Import an animal by-product from a country, other than the United States, that is not designated as free of prescribed diseasesSerious
8141(2)(b)Import an animal by-product without a certificateMinor
8241.1(2)Use or cause to be used an animal by-product for animal food or as ingredient for animal foodVery serious
8342.1(2)Fail to process raw glands or organs as prescribedSerious
8442.1(3)Transport or cause to be transported raw glands or organs to a place other than the required establishmentSerious
8545(1)(a)Import gluestock without meeting the prescribed conditionsSerious
8645(1)(b)Fail to transport gluestock directly to the approved establishmentSerious
8745(2)Fail to process gluestock as prescribedSerious
8845(3)Transport or cause to be transported gluestock to a place other than the required establishmentSerious
8946(1)Import animal manure, blood meal, bone meal, tankage, or feather meal without meeting the prescribed requirementsVery serious
9047Import from a country, other than the United States, garbage or refuse containing an animal product or by-productVery serious
9147.1(2)(a) Discharge refuse or manure without meeting the prescribed requirementsSerious
(b) Discharge refuse or manure in a manner that could introduce or spread diseaseVery serious
9247.1(3)Discharge refuse without incinerating, sterilizing or deep burying the refuse as prescribedSerious
9347.1(4)Discharge garbage or refuse without meeting the prescribed requirementsSerious
9447.1(5)Discharge refuse, garbage or manure at a place where it cannot be treated and disposed of as prescribedSerious
9547.1(6)(a) Fail to transport, treat and dispose of garbage, refuse or manure in the required manner or in the required timeSerious
(b) Handle, transport or keep garbage, refuse or manure in a manner that could result in the introduction or spread of diseaseSerious
9647.1(7)(b)Fail to store refuse, garbage or manure as specified by an inspectorSerious
9747.1(8)Fail to comply with the requirements of an inspector while transporting garbage, refuse or manureSerious
9849Import a game animal carcass without meeting the prescribed conditionsMinor
9950(a)Import matted or blood-stained wool, hair or bristlesMinor
10050(b)Import an animal by-product removed from a diseased animalSerious
10151(a)Import an animal pathogen into Canada without a permitVery serious
10251(b)Import an animal, animal product, animal by-product or other organism carrying all or part of an animal pathogen without a permitVery serious
10351(c)Import blood or serum without the required permitSerious
10451.1(a)(a) Move a pathogen, an animal or organism to a place not named in the permitVery serious
(b) Move blood or serum to any place not named in the permitSerious
10551.1(b)(a) Introduce a pathogen into an animal without a permit or in contravention of a permitVery serious
(b) Introduce an animal, an organism or blood or serum into an animal without a permit or in contravention of a permitVery serious
10651.2(1)(b)(a) Import animal blood or serum from a country, other than the United States, that is not designated free of a reportable or serious diseaseVery serious
(b) Import animal blood or serum without the prescribed certificateSerious
10751.2(2)Expose or use animal blood or serum in a live animalVery serious
10853(b)(a) Import animal food from a country not designated as free of prescribed diseasesSerious
(b) Import animal food without a certificateMinor
10953(c)Import animal food on a vessel which carried uncertified ruminants or swineSerious
11054Import fodder to be used to feed animalsSerious
11157(a)(a) Import used beehivesSerious
(b) Import used beehive equipmentMinor
11257(b)(a) Import bee feed without the required certificateMinor
(b) Fail to transport untreated bee feed directly to the approved establishmentMinor
11358(1)Import an animal without having it admitted at an approved placeMinor
11458(2)Import an animal by air without having it admitted at an approved placeSerious
11561Remove an animal that has not been quarantinedVery serious
11662Fail to destroy or to remove from Canada an animal as orderedVery serious
11769(1)(a)Export livestock, poultry, embryos or semen without the required certificateSerious
11869(1)(b)Export livestock, poultry, embryos or semen without meeting the requirements of the destination countrySerious
11969(2)Export semen that was not stored as prescribedSerious
12069(3)Export livestock, poultry, embryos or semen without the official export stamp on the certificateSerious
12169(4)Apply an official export stamp to a certificate without authorizationSerious
12271(1)Export without the consent of an inspector an animal that has not been at the place of embarkation for at least 12 hoursSerious
12373.1Fail to comply with a request to test animalsVery serious
12476(1)Move or cause to be moved a Cervidae or a bovine without the required permitVery serious
12576(2)Receive or possess a Cervidae or a bovine moved without the required permitVery serious
125.176(3)Fail to keep a copy of the required permitMinor
125.278.26Fail to produce the required permitVery serious
12679.11Fail to comply with a request to test poultry, poultry products or poultry by-productsSerious
12779.13Transport or permit to be transported day old chicks or hatching eggs into an eradication area without a certificateSerious
12879.14(1)Exhibit in a show poultry that is not identified or certified as prescribedSerious
12979.14(2)Permit to be exhibited poultry that is not identified or certified as prescribedSerious
13079.15Keep untested poultry on the premises of an approved hatchery supply flockSerious
13179.16(1)Fail to keep a record of mortalitySerious
13279.16(2)Fail to immediately submit a sample of dead birdsSerious
13379.17(1)(a) Fail to have a primary breeding flock testedSerious
(b) Fail to report the results of required testsSerious
13479.17(2)Fail to identify poultrySerious
13579.18(a) Use hatchery to hatch game bird eggs that do not meet the prescribed requirementsSerious
(b) Have on premises game bird eggs that do not meet the prescribed requirementsSerious
13679.19(1)(a)Operate a hatchery without a health monitored hatchery permitSerious
13779.19(1)(b)Fail to submit required fluff samples as prescribedMinor
13879.19(7)Sell chicks or remove chicks from a hatchery without permissionSerious
13979.19(8)Fail to ensure that a chick or an unhatched embryo is killed in a humane mannerSerious
14079.2Fail to submit poultry for prescribed testsSerious
14180Move a designated animal or thing without the permission of an inspectorVery serious
14283(1)Fail to isolate or muzzle a dogVery serious
14389(a)Expose an imported bird to another birdSerious
14489(b)Transport an import bird with another birdSerious
14590Fail to comply with an order to segregate an animal or an order to have an animal inspectedSerious
145.191.2(1)Fail to immediately notify the Minister of a disease as requiredSerious
145.291.2(2)Fail to include the required information with a notificationMinor
145.391.2(3)Fail to notify the Minister immediately after the end of the calendar year of a disease as requiredSerious
14691.3(a)Fail to keep a record for a period of two yearsSerious
14791.3(b)Fail to provide an inspector with a recordSerious
14891.3(c)Fail to provide an inspector with the information contained in a recordSerious
14991.4(2)(a)Remove a disease agent, an animal or a thing quarantined from the place of quarantine without authorizationVery serious
15091.4(2)(b)Allow a disease agent, an animal or a thing quarantined to come into contact with an animal without authorizationVery serious
15191.4(2)(c)Destroy a disease agent, an animal or a thing quarantined without authorizationVery serious
15291.4(2)(d)Treat or test a disease agent, an animal or a thing quarantined without authorizationVery serious
15391.4(3)Fail to notify that a quarantined animal appears sickVery serious
15491.4(4)(a)Move a disease agent or a thing that is quarantined without permissionVery serious
15591.4(4)(b)Alter the appearance of a disease agent or a thing quarantined without permissionVery serious
15691.4(4)(c)Remove a tag, sign or notice without permissionSerious
15791.4(4)(d)(a) Open a container without permissionVery serious
(b) Remove any wrapping or cover without permissionSerious
15891.4(5)(a)Transport or cause to be transported a disease agent or a thing quarantined without a licenceVery serious
15991.4(5)(b)Fail to provide the person in charge of the conveyance with a copy of the licenceSerious
16091.4(5)(c)Fail to transport a disease agent or a thing directly to the required locationVery serious
16191.4(6)Fail to comply with a noticeVery serious
16292(1)(a)Hold a sale, auction or market without the required facilitiesSerious
16393Fail to keep in a sanitary condition a sale, auction or marketMinor
16494Fail to keep prescribed records or to make them available for inspectionSerious
16595(a)Fail to identify an animalMinor
16695(b)Fail to have an animal examined and testedSerious
16795.1(1)Sell a bovine without meeting the prescribed requirementsSerious
16895.1(3)Allow the sale, auction or market of a bovine where permission has been refusedSerious
16995.1(4)(a)Fail to identify each specimen collected from a bovineMinor
17095.1(4)(b)Fail to keep a record as prescribedMinor
17195.1(4)(c)Fail to deliver a specimen and a copy of the recordMinor
17296Offer for sale an animal that is not identified as prescribedMinor
17398Fail to properly mark livestock that reacts positively to a test for a reportable diseaseVery serious
174100Place or affix without authorization a tag or a mark on an animalSerious
175101Remove or deface without authorization a tag placed on an animalVery serious
176103Break, alter, tamper with or remove without authorization a seal or other deviceSerious
177104(1)(a)(i)Fail to comply with an order to clean and disinfect a place or a buildingSerious
178104(1)(a)(ii)Fail to comply with an order to clean and disinfect a conveyanceSerious
179104(1)(b)Fail to comply with an order to clean and disinfect footwear, clothing or other thingSerious
180104(2)Fail to clean and disinfect a conveyance in which an animal that was required to be destroyed was transportedSerious
181105(1)(a) Fail to clean and disinfect a crate or container before livestock are loadedSerious
(b) Fail to clean and disinfect a crate or container before poultry are loadedMinor
182105(3)Fail to clean and disinfect a container before it is used againSerious
183106(1)Fail to clean and disinfect an aircraft or vesselSerious
184106(3)Fail to comply with an order to clean and disinfect a motor vehicleMinor
185106(5)Bring into Canada a conveyance used to transport an animal that has not been cleaned and disinfectedSerious
186106(6)Fail to clean and disinfect a conveyance as prescribedMinor
187106(7)Fail to comply with an order to clean and disinfect a premisesMinor
188106(8)Fail to affix notice as prescribedMinor
189108(a)Fail to completely clean a place or thingSerious
190108(b)Fail to disinfect a place or thing as prescribedMinor
191109(1)Fail to comply with an order to clean and disinfect a place where a sale, auction or market is conductedMinor
192109(2)Hold an auction, a sale or a market in a dirty place without consentMinor
193110Fail to comply with a request to provide samples or provide a sample that does not meet the prescribed requirementsMinor
194112(1)(a) Feed or permit to be fed swine or poultry with edible residual material without a permitVery serious
(b) Permit swine or poultry to have access to edible residual material without a permitVery serious
195[Repealed, SOR/2003-385, s. 2]
196114Fail to comply with an order to dispose of a carcassSerious
197117(1)(a) Collect, store or distribute semen that is affected with a communicable diseaseVery serious
(b) Collect, store or distribute semen that has been exposed to a communicable diseaseSerious
198117(2)Fail to destroy semen as prescribedSerious
199118Fail to comply with an order to destroy contaminated semenSerious
200119(1)Fail to keep records as prescribed or to make it available to an inspectorMinor
201119(2)Fail to keep records as prescribed or to make them available to an inspectorMinor
202119(3)(a) Fail to maintain records in a form approved by the MinisterMinor
(b) Fail to maintain records for a minimum period of seven yearsMinor
203120.3(1)(b)Release a veterinary biologic without the required permitVery serious
204120.6(1)Fail to provide the Minister with new informationVery serious
205121(1)Import a veterinary biologic without a permitVery serious
206121(1.1)Fail to ship a veterinary biologic directly to CanadaSerious
207122(4)(a)(a) Fail to keep records as prescribed or to make it available to a veterinary inspectorSerious
(b) Fail to retain records for at least two yearsSerious
208122(4)(b)Fail to furnish the required samplesSerious
209123(a) Prepare or manufacture a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licenceVery serious
(b) Preserve, pack or test a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licenceSerious
(c) Label a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licenceMinor
210124Manufacture a veterinary biologic without a product licenceVery serious
211128(1)(a) Prepare, manufacture, store or test a veterinary biologic without meeting the prescribed requirementsSerious
(b) Preserve, pack or label a veterinary biologic without meeting the prescribed requirementsMinor
212128(2)Fail to inform the MinisterSerious
213128(4)Test a veterinary biologic in an unauthorized room or buildingMinor
214128(5)Conduct a diagnostic examination or procedure in a place that does not meet the prescribed requirementsSerious
215128(6)Conduct research or experimentation in an unauthorized areaSerious
216129(1)(a)Fail to keep or make available to a veterinary inspector the prescribed recordsSerious
217129(1)(b)Fail to furnish the Minister with the required samplesSerious
218129(2)Fail to keep records for at least two yearsSerious
219130Sell a veterinary biologic or diluent that has not been prepared, manufactured, preserved, packed, labelled or tested in the manner described in the product outlineVery serious
220130.1Fail to store a veterinary biologic as prescribedSerious
221131Fail to comply with an orderVery serious
222132(1)Import, sell, advertise or offer for sale a veterinary biologic that is not packed or labelled in accordance with the prescribed requirementsSerious
223133(1)Sell, advertise or offer for sale a veterinary biologic in a container without a labelSerious
224133(3)Import a veterinary biologic in an outer container or a shipping container without a labelSerious
225134(1)Import, sell, advertise or offer for sale a veterinary biologic whose label does not show the prescribed informationSerious
226134(3)Import, sell, advertise or offer for sale a veterinary biologic whose label does not meet the prescribed language requirementsMinor
227134.1Sell or offer for sale a veterinary biologic after its expiration dateSerious
228134.2(1)Sell or offer for sale a rabies vaccine to anyone other than a veterinarianSerious
229135(1)Make a claim that is not supported by the product outlineSerious
230135(2)Misrepresent a veterinary biologic in an advertisementSerious
231135.1Fail to report to the Minister a deficiency in safety, potency or efficacy of a veterinary biologicVery serious
232138(1)Transport out of Canada a diseased animalSerious
233138(2)(a)Load, transport or cause to be loaded or transported an animal that cannot be transported without sufferingSerious
234138(2)(b)Load, transport or cause to be loaded or transported an animal that has not been fed and wateredSerious
235138(2)(c)Load, transport or cause to be loaded or transported an animal that might give birthSerious
236138(4)Continue to transport an animal that is unfit for transportSerious
237139(1)Beat an animal being loaded or unloadedVery serious
238139(2)Load, unload or cause to be loaded or unloaded an animal in a way likely to cause sufferingSerious
239139(3)(a) Fail to maintain and use an apparatus as not to cause suffering to animals when loading or unloading themMinor
(b) Use an apparatus greater than 45 degrees to load or unload animalsMinor
240139(4)Use a ramp or gangway with sides of insufficient strength or heightMinor
241139(5)Use a ramp so that there is an unprotected gapMinor
242139(6)(a)Use a loading gate or chute that is not fitted with safe and secure footholdsMinor
243139(6)(b)Use a loading gate or chute that is unsuitable for loading or unloading livestockMinor
244140(1)Overload a conveyance or cause a conveyance to be overloadedSerious
245140(2)Transport or cause to be transported animals in an overcrowded conveyanceSerious
246141(1)Load a conveyance or transport animals without segregating them as prescribedSerious
247142(a)Transport or cause to be transported animals that cannot stand in their natural positionMinor
248142(b)Transport or cause to be transported animals without adequate drainage or absorption of urineMinor
249143(1)(a)Transport or cause to be transported an animal in a conveyance that is constructed inadequatelySerious
250143(1)(b)Transport or cause to be transported an animal where insecure fittings or projections could cause injurySerious
251143(1)(c)Transport or cause to be transported an animal where inadequately padded, fenced off or obstructed fittings could cause injurySerious
252143(1)(d)Transport or cause to be transported an animal with undue exposure to weatherSerious
253143(1)(e)Transport or cause to be transported an animal with inadequate ventilationSerious
254143(2)(a)Transport or cause to be transported livestock in a conveyance without sand or secure footholdsMinor
255143(2)(b)Transport or cause to be transported livestock without beddingMinor
256143(4)Fail to have facilities on board a vessel to protect an equine from sea-sicknessVery serious
257144(1)Transport, load or cause to be transported or loaded an animal in a container that does not meet the prescribed requirementsSerious
258144(2)Transport, load or cause to be transported or loaded an animal in a container not equipped with the required signMinor
259144(3)Fail to properly secure a containerSerious
260145Fail to maintain or have access to required facilitiesMinor
261146Fail to provide adequate ventilation, in the case of an aircraftVery serious
262147Fail to provide adequate ventilation, in the case of a vesselVery serious
263148(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 RegulationsSerious
264148(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 RegulationsSerious
265148(3)Confine chicks without food or water for longer than 72 hoursSerious
266148(4)(a) Re-load livestock without the required rest period of five hoursSerious
(b) Fail to provide livestock with sufficient water and food while resting or fail to add bedding to a conveyance before re-loading livestockSerious
267148(5)Unload livestock into a pen that does not meet the prescribed requirementsSerious
268148(6)(a)Fail to provide sufficient food or water for the duration of the voyageSerious
269148(6)(b)Fail to provide additional food or waterSerious
270148(6)(c)Fail to store food or water as prescribedSerious
271148(6)(d)Fail to provide sufficient water pipes or tapsSerious
272149Fail to provide suitable food or water to calvesSerious
273150Fail to report an injured animalSerious
274151(1)Fail to record as prescribedMinor
275151(2)(a) Fail to have copy of recordsMinor
(b) Fail to produce copy of recordsSerious
276151(3)(a)Fail to keep records for a period of two yearsMinor
277151(3)(b)Fail to provide records to an inspectorMinor
278151(3)(c)Fail to provide informationMinor
279152(1)(a) Fail to have the required ship’s crew on a vesselSerious
(b) Fail to have a veterinarian on a vesselSerious
280152(2)Fail to have a veterinary inspector on a vessel or an aircraftSerious
281152(3)Fail to notify a veterinary inspector of the time of departure of the vessel or of the names of the required crewSerious
282152(4)Fail to report to a veterinary inspectorSerious
283153(1)(a)Transport or cause to be transported animals aboard a vessel on more than three decks without an additional deck specially fittedSerious
284153(1)(b)Transport or cause to be transported animals aboard a vessel on a deck exposed to the weatherSerious
285153(1)(c)Transport or cause to be transported animals aboard a vessel on a structure not suited for their transportSerious
286153(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 vesselSerious
287153(1)(e)Transport or cause to be transported animals aboard a vessel on a hatch above other animalsSerious
288153(1)(f)Transport or cause to be transported animals aboard a vessel on a hatch where there is no other access to the space belowSerious
289153(2)(a)Load freight or feed for animals on a hatch above animalsMinor
290153(2)(b)Fail to keep the required space free and clearMinor
291153(2)(c)Fail to provide adequate passagewaysMinor
292154(a)Fail to tie a bovine as prescribedMinor
293154(b)Fail to tie an equine as prescribedMinor
294154(c)Fail to transport sheep, goats or swine in pens or enclosed containersMinor
295155Fail to comply with an orderSerious
296156Fail to provide adequate lightingSerious
297157Transport or cause to be transported animals near the engine or boiler room where casings are not adequately isolatedSerious
298158(1)(a)Fail to provide a suitable humane killing device in good working orderSerious
299158(1)(b)Fail to provide an adequate quantity of ammunitionSerious
300158(2)(a) Fail to destroy an injured animal by means of the prescribed killing deviceSerious
(b) Keep alive a suffering animalSerious
301159Fail to provide a sufficient quantity of veterinary drugsSerious
302160.1Fail to comply with the conditions contained in a permit or licenceSerious
303161(4)Sell or transfer a licence to another personSerious
303.001164Feed prohibited material to a ruminantVery serious
303.002165(1)(a) Operate a rendering plant without a permitVery serious
(b) Fail to comply with the conditions of a permitVery serious
303.003165(2)Fail to keep the prescribed recordsVery serious
303.004165(3)Distribute or sell a product of a rendering plant that contains prohibited material without the prescribed documentation or labelVery serious
303.005166(1)(a) Import a product of a rendering plant without a permitVery serious
(b) Fail to comply with the conditions of a permitVery serious
303.006166(2)Fail to keep the required recordsVery serious
303.007167Sell or distribute a product of a rendering plant without prescribed documentation or labellingVery serious
303.008168Import, manufacture, package, label, store, distribute, sell or advertise for sale animal food for ruminants that contains prohibited materialVery serious
303.009169Import, manufacture, package, store, distribute, sell or advertise for sale animal food that contains prohibited material without prescribed documentation or labellingVery serious
303.01170(1)Fail to have procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited materialVery serious
303.011170(2)(a)Fail to follow procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited materialVery serious
303.012170(2)(b)Fail to keep the required recordsVery serious
303.013170(3)(a) Fail to change records as requiredVery serious
(b) Fail to change labels as requiredVery serious
303.014171(1)Fail to keep the prescribed recordsVery serious
303.015171(2)Fail to keep the prescribed recordsVery serious
303.016174.1Sell or distribute approved tags without reporting the required information to the administrator within the prescribed timeSerious
303.1175(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 issuedMinor
303.11175(1.2)Fail to ensure that the application of an approved tag is in the prescribed mannerMinor
303.2175.1(1)Fail to keep the required recordSerious
303.3175.1(3)Fail to keep the required recordSerious
303.4175.1(4)Fail to keep the required record for the prescribed periodSerious
304176Move or cause the movement of an animal or the carcass of an animal not bearing an approved tag from its farm of origin or from a farm or ranch other than its farm of originMinor
305177(1)Transport or cause the transportation of an animal or the carcass of an animal not bearing an approved tagMinor
306177(2)Receive or cause the reception of an animal or the carcass of an animal not bearing an approved tagMinor
307[Repealed, SOR/2008-183, s. 4]
308178(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 issuedSerious
309179Illegally remove or cause the removal of an approved tag from an animal or animal’s carcassSerious
310180Transfer or cause the transfer of an approved tag to another animal or animal’s carcassSerious
311181Alter an approved tag or make its identification number unreadableSerious
312182Make, sell or provide fraudulent tagsVery serious
312.1183(2)Failure of a person who manages a tagging site to tag all bisons and bovines brought to the site that do not already bear an approved tagMinor
313184(1)Fail to apply a new approved tag to an animal that has lost its approved tag or that does not bear an approved tagMinor
313.1184(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
314185(1)Fail to keep a record for an animal or animal’s carcass with a new approved tagMinor
314.1185(3)Fail to report the number of the new approved tag and the previously applied approved tag to the administrator in the prescribed timeMinor
314.2185(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
315186(1)(b)Failure to report the death of an animal and the number of the approved tag to the administrator within the prescribed timeMinor
316186(2)Failure to maintain the ability to identify the animal’s carcass during the prescribed timeMinor
317186(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 barnMinor
317.1186(4)Fail to report the prescribed information to the administrator in the prescribed timeMinor
318187(1)(b)Failure by the person disposing of an animal’s carcass bearing an approved tag to report to the administrator within the prescribed time the number of the approved tagMinor
319187(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 timeMinor
319.1187(3)Fail to report the prescribed information to the administrator in the prescribed timeMinor
320188Fail to report the number of an exported animal’s approved tag to the administrator in the prescribed timeMinor
321189(1)(a)Fail to apply or cause the application of an approved tag to an imported animal in the prescribed timeMinor
322189(1)(b) and 189(2)Fail to report information on an imported animal to the administrator in the prescribed timeMinor

DIVISION 3Import Reference Document, Part III

Column 1Column 2Column 3
ItemProvision of Part III of the import reference documentShort-form DescriptionClassification
11(2)(a) Import a domestic cat without the required certificateMinor
(b) Import a domestic cat with an incomplete certificateMinor
22(1)(a)(a) Import a dog without the required certificateMinor
(b) Import a dog with an incomplete certificateMinor
32(1)(c)(a) Import a dog without a rabies vaccination certificateMinor
(b) Import a dog with an incomplete rabies vaccination certificateMinor
42(1)(d)Fail to comply with an orderSerious
52(2)(a)(a) Import a dog without a rabies vaccination certificateMinor
(b) Import a dog with an incomplete rabies vaccination certificateMinor
62(2)(b)Fail to comply with an orderSerious
72(2)(c)Fail to comply with requirement to remove animal from CanadaSerious
82(3)(a)(a) Import a dog without a rabies vaccination certificateMinor
(b) Import a dog with an imcomplete rabies vaccination certificateMinor
92(3)(b)(a) Import a dog without the required certificatesMinor
(b) Import a dog with an incomplete certificateMinor
102(3)(c)Import a dog without the required proofMinor
113(a) Import an animal without the required certificateVery serious
(b) Import an animal with an incomplete certificateVery serious
(c) Import an animal that does not meet the conditions shown on the certificateSerious
124(a) Import an animal without the required certificateVery serious
(b) Import an animal with an incomplete certificateVery serious
135(1)(a) Import an equine, antelope or member of the family cervidae for immediate slaughter without the required certificateVery serious
(b) Import an equine, antelope or member of the family cervidae for immediate slaughter with an incomplete certificateVery serious
145(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 licenceSerious
155(3)(a)(a) Import poultry for immediate slaughter without the required certificateVery serious
(b) Import poultry for immediate slaughter with an incomplete certificateVery serious
165(4)Move poultry imported for immediate slaughter from the place of entry without a licenceSerious
175(5)Transport a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter without a copy of the licenceMinor
185(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 licenceSerious
195(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 establishmentSerious
205(8)Fail to slaughter poultry imported for immediate slaughter within four days after their arrival at an establishmentSerious
215(9)Remove a live animal from an establishment mentioned in the licence without authorization of an inspectorSerious
226(1)Import a ferret without a rabies vaccination certificateMinor
237(2)Fail to quarantine swine for at least 30 days from the date of its arrival into CanadaVery serious
249(2)Import a chick from the United States that is not in a new, cleaned container or a cleaned and disinfected used containerMinor
2510(a)Import a pigeon without identificationMinor
2610(b)Import a pigeon without proper vaccinationMinor
2711(1)Import an ostrich that does not meet the requirementsSerious
2812(1)(a) Import hatching eggs without a certificateMinor
(b) Import hatching eggs with an incomplete certificateMinor
2912(2)(a)Import hatching eggs that are not in a new, clean container or a cleaned and disinfected used containerMinor
3012(2)(b)Import hatching eggs with shells not free from foreign matterMinor
3112(2)(c)Import hatching eggs without the identity of the flock of origin on the containerMinor
3213(1)(a) Import from the United States a pet songbird or a pet bird of the parrot family unaccompanied by the importerSerious
(b) Fail to make the required declarationSerious
(c) Import a bird of the parrot family or pet songbirds from the United States without meeting the requirementsSerious
3314.2(2)Import cattle, sheep or goats without the required tattoo or eartagMinor
3414.2(6)(a)Fail to remove cattle, sheep or goats from Canada within 21 days after they have been importedSerious
3514.2(6)(b)Fail to present cattle, sheep or goats for verification of their removal from CanadaMinor
3614.4(1)Fail to meet identification requirementsMinor
3714.5(5)Move imported feeder cattle, sheep or goats to a rodeo or showMinor
3815(7)Fail to transport a bovine in accordance with the transportation requirementsMinor
3915(8)Import a bovine from a sale or show without complying with the importation requirementsMinor
4015(9)Import a bovine that does not comply with the residence requirementsVery serious
4115(10)Fail to quarantine bison for at least 60 days after the date it was imported into CanadaVery serious
4216(4)Import feeder cattle of a group from which one or more proved positive to the required testVery serious
4316(5)Move feeder cattle to a rodeo or showSerious
4417(3)Fail to quarantine a feeder calf until the day it is slaughteredVery serious
4517(4)(a)Import a feeder calf without approval of place of quarantineMinor
4617(4)(b)(a) Import a feeder calf without the required certificateMinor
(b) Import a feeder calf with an incomplete certificateMinor
4717(4)(c)Import a feeder calf more than eight hours after its inspectionMinor
4817(5)Remove or cause to be removed a feeder calf from the place of entry without a licenceMinor
4917(6)Transport or cause to be transported a feeder calf without a copy of the licenceMinor
5017(7)(a)Transport or cause to be transported a feeder calf other than to the approved place of quarantineMinor
5117(7)(b)Transport or cause to be transported a feeder calf other than in the manner and within the time specified in the licenceMinor
5217(8)(a)Slaughter a feeder calf at an establishment other than the establishments specifiedMinor
5317(8)(b)Failed to export a feeder calf within 30 weeks after importing it into CanadaMinor
5417(9)Fail to comply with the requirements for disposal of the carcass of a feeder calfMinor
5517(10)(a)Fail to have a post mortem examination performed on the carcass of a feeder calf by a veterinarianMinor
5617(10)(b)Fail to comply with the requirements for disposal of the carcass of a feeder calfMinor

DIVISION 4Import Reference Document, Part 4

Column 1Column 2Column 3
ItemProvision of Part 4 of the import reference documentShort-form DescriptionClassification
11Import from the United States semen from a regulated animal without proof of originSerious
22Import from the United States embryos from a regulated animal without proof of originSerious

PART 2Plant Protection Act and Regulations Under the Plant Protection Act

DIVISION 1Plant Protection Act(S.C. 1990, c. 22)

Column 1Column 2Column 3
ItemProvision of Plant Protection ActShort-form DescriptionClassification
15(a) Fail to notify the Minister of a suspected pestSerious
(b) Fail to provide a specimen of the pestSerious
26(1)Move, grow, raise, culture or produce a thing without permissionVery serious
37(1)Fail to present a thing for inspectionVery serious
49(1)Possess or dispose of a thing that was unlawfully importedVery serious
513(1)Fail to comply with a prohibition or restriction imposed under an inspector’s declarationVery serious
615(3)(d)Fail to comply with a prohibition or restriction imposed under an order imposed by the MinisterVery serious
723(1)(a) Hinder an inspectorVery serious
(b) Make a false or misleading statement to an inspectorSerious
823(2)(a) Fail to provide reasonable assistance to an inspectorSerious
(b) Fail to furnish an inspector with informationSerious
931Move, alter or interfere with a seized thingVery serious
1049Fail to comply with a noticeVery serious

DIVISION 2Potato Production and Sale (Central Caanich) Restriction Regulations(SOR/82-186)

Column 1Column 2Column 3
ItemProvision of Potato Production and Sale (Central Saanich) Restriction RegulationsShort-form DescriptionClassification
13(1)(a)Seed, plant, grow, produce or harvest potatoes within a prescribed prohibited areaVery serious
23(1)(b)Sell or dispose of potatoes seeded, planted, grown, produced or harvested within a prescribed prohibited areaVery serious

DIVISION 3Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations(SOR/82-448)

Column 1Column 2Column 3
ItemProvision of Eggplants and Tomatoes Production (Central Saanich) Restriction RegulationsShort-form DescriptionClassification
12Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited areaVery serious

DIVISION 4Plant Protection Regulations(SOR/95-212)

Column 1Column 2Column 3
ItemProvision of Plant Protection ActShort-form DescriptionClassification
15(4)Fail to comply with the conditions of an authorizationVery serious
26(3)Possess, hold or control a seal without authorizationSerious
37(1)Remove, break, alter or tamper with a seal without authorizationVery serious
47(3)Fail to ensure that a seal is not removed, broken, altered or tampered withVery serious
58Misuse documentsSerious
69(1)(a) Possess, hold or control a false or improperly obtained documentSerious
(b) Use a false or improperly obtained documentVery serious
79(2)(a) Possess, hold or control a false documentSerious
(b) Use a false documentVery serious
813(1)(a)Alter or deface a notice of quarantine or a quarantine tag or erase information thereonVery serious
913(1)(b)Remove a quarantine tagVery serious
1014(1)Contravene quarantine conditionsVery serious
1117(4)(a)Fail to treat or process a thing in accordance with a noticeVery serious
1217(4)(b)Fail to ensure that a pest or biological obstacle is eradicated or to prevent the spread of a pest or a biological obstacleVery serious
1319Fail to comply forthwith with a removal requirementVery serious
1420(4)Fail to comply with a prohibition or restriction placed on the use of a placeVery serious
1521(4)Fail to comply with a prohibition or restriction of an activityVery serious
1622(a)(a) Enter or move within an infested place without authorizationMinor
(b) Leave an infested place without authorizationVery serious
1722(b)Move a thing without authorizationVery serious
1825(1)(a)Alter or deface a notice of detention or a detention tag or erase information thereonVery serious
1925(1)(b)Remove a detention tag without authorizationVery serious
2025(1)(c)Undertake an activity in respect of a detained thing without authorizationVery serious
2127(5)Undertake an unapproved activity in respect of a thing that is required to be disposed ofSerious
2229(1)Import a thing without a permit number or without a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-exportSerious
2334(1)Fail to comply with the import permit conditionsVery serious
2436(a)Fail to furnish records where required by permitSerious
2536(b)Fail to retain records where required by permitSerious
2638(a)Fail to treat or process a thing at origin as prescribedSerious
2738(b)Fail to treat or process a thing in a specified or required manner and placeSerious
2839Fail to declare as prescribedSerious
2940(4)(a)Move an imported thing to an unauthorized placeSerious
3040(4)(b)Open a conveyance or unpack a package without authorizationSerious
3141(3)(a) Remove a tag or label without authorizationVery serious
(b) Deface or alter a tag or labelVery serious
3242(2)Import a prohibited thingVery serious
3343(3)(a)Fail to ensure non-spread of a pest or biological obstacleVery serious
3443(3)(b)Fail to destroy or ensure non-viability of a pest or a biological obstacleVery serious
3543(4)(a)(a) Import a thing without complying with the prescribed residency requirements in order to obtain a permitSerious
(b) Import a thing without complying with the permit application information requirementsSerious
(c) Import a thing without complying with the permit conditionsVery serious
(d) Import a thing without keeping or retaining records as prescribedSerious
(e) Import a thing without declaring as prescribedSerious
(f) Import a thing without presenting it for inspection and admittance at designated places of entry as prescribedSerious
3645(2)(a)Fail to obtain a Movement CertificateVery serious
3745(2)(b)Fail to comply with the conditions of a Movement CertificateVery serious
3845(3)Fail to comply with the conditions of a Movement Certificate prior to movementVery serious
3946(1)Alter or deface a Movement Certificate or erase information or statement thereonVery serious
4046(3)Substitute a thing for the thing for which a Movement Certificate was issuedVery serious
4150(1)Move a thing named in Schedule I to the Plant Protection RegulationsVery serious
4250(2)Move a pest named in Schedule I to the Plant Protection RegulationsVery serious
4350(3)Move a pest named in Schedule II to the Plant Protection Regulations within or outside an area specified in that ScheduleVery serious
4451Move a thing without meeting the requirements prescribed in Schedule II to the Plant Protection RegulationsVery serious
4553(1)Undertake an activity in contravention of a Ministerial Order or Declaration of Infested Place NoticeVery serious
4654(4)(a)(a) Move a prohibited thing contrary to the conditions of a Movement CertificateVery serious
(b) Move a prohibited thing that is not identified, packed or contained as prescribedSerious
4754(4)(c)Move a thing to a place other than as specified in the Movement CertificateVery serious
4854(4)(d)Fail to deal with a thing as specified in the Movement CertificateVery serious
4955(2)Fail to obtain an export document as prescribedSerious
5055(4)Possess, hold or control a Canadian Phytosanitary Certificate Seal or facsimile thereof without authorizationVery serious
5155(5)Alter or deface a Canadian Phytosanitary Certificate or a Canadian Phytosanitary Certificate for Re-export or erase information or statement thereonVery serious
5255(7)Substitute a thing for the thing for which a certificate or other document was issuedVery serious
5356(1)Fail to obtain an Export Permit as prescribedVery serious
5457Fail to meet the phytosanitary requirements of the importing countryVery serious
5558(2)Load or complete the loading without approval as prescribedVery 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
  • SOR/2008-183, ss. 1(F), 2 to 8

SCHEDULE 2(Subsection 5(3))

Penalty Adjustments

Column 1Column 2
ItemTotal Gravity ValuePenalty Adjustment
11Reduce penalty 50%
22Reduce penalty 40%
33Reduce penalty 30%
44Reduce penalty 20%
55Reduce penalty 10%
66-10Do not adjust penalty
711Increase penalty 10%
812Increase penalty 20%
913Increase penalty 30%
1014Increase penalty 40%
1115Increase penalty 50%

SCHEDULE 3(Section 6)Total Gravity Value

PART 1History

Column 1Column 2
ItemGravity ValueHistory
10No previous violation or offence has been committed under the Act or regulation under which the particular penalty is being assessed in the five years preceding the day on which the violation subject to the assessment is committed.
23One previous minor or serious violation has been committed under the Act or regulation under which the particular penalty is being assessed in the five years preceding the day on which the violation subject to the assessment is committed.
35The history in the five 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 1Column 2
ItemGravity ValueIntent or Negligence
10The violation subject to the assessment is committed without intent or negligence.
20The 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.
33The violation subject to the assessment is committed through a negligent act.
45The violation subject to the assessment is committed through an intentional act.

PART 3Harm

Column 1Column 2
ItemGravity ValueHarm
11The violation subject to the assessment causes or could cause minor harm to
  • (a) human, animal or plant health or the environment; or

  • (b) any person as a result of false, misleading or deceptive practices.

23The violation subject to the assessment could cause
  • (a) serious or widespread harm to human, animal or plant health or the environment;

  • (b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or

  • (c) serious monetary losses to any person.

35The violation subject to the assessment causes
  • (a) serious or widespread harm to animal or plant health or the environment;

  • (b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or

  • (c) serious monetary losses to any person.

  • SOR/2010-215, s. 2
  • SOR/2012-64, s. 1

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