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Agriculture and Agri-Food Administrative Monetary Penalties Regulations

Version of the schedule from 2020-02-20 to 2024-10-30:
 


SCHEDULE 3(Section 6)Total Gravity Value

PART 1

History

Column 1Column 2
ItemGravity ValueHistory
10No previous violation under, or conviction for an offence committed under, agri-food Acts in the five years before the day on which the violation subject to the assessment is committed
23One previous minor or serious violation has been committed under agri-food Acts in the five years before 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 2

Intent 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 and the circumstances set out in item 2 do not apply.
45The violation subject to the assessment is committed through an intentional act and the circumstances set out in item 2 do not apply.

PART 3

Harm

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 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.

  • SOR/2010-215, s. 2
  • SOR/2012-64, s. 1
  • SOR/2014-173, s. 2
  • SOR/2016-226, s. 81
  • SOR/2020-14, s. 12

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