Administrative Monetary Penalties (Consumer Products) Regulations (SOR/2013-101)

Marginal note:Gravity factor — sum

• 3 (1) Subject to subsection (2), the total gravity factor for a violation is the sum of the gravity factor set out in column 2 of Table 1 that is associated with the applicable description set out in column 1, and the gravity factor set out in column 3 of Table 2 that is associated with the applicable provision set out in column 1.

  Item	Column 1	Column 2
  	Description	Gravity Factor
  1	No previous violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed	0
  2	One violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed	1
  3	More than one violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed	2

  Item	Column 1	Column 2	Column 3
  	Provision of the Act	Short-form DescriptionFootnote for TABLE 2 Type of Violation*	Gravity Factor
  1	Paragraph 32(1)(a)	Failure to comply with an order by the Minister to take measures — person did not comply with an order made under section 12 of the Act	2
  2	Paragraph 32(1)(c)	Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that a product is the subject of a voluntary measure or recall	2
  3	Paragraph 32(1)(d)	Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that there is a contravention of the Act or its regulations	2
  4	Subsection 31(1)	Failure to comply with an order by the Minister to recall a product	3
  5	Paragraph 32(1)(b)	Failure to comply with an order by the Minister to take measures — Minister has already made an order under section 31 of the Act	3

  • Return to footnote ^*The short-form descriptions are established by the Minister under paragraph 51(b) of the Act and are provided here for convenience only. They do not form part of these Regulations and may be amended by the Minister without the need to amend these Regulations.

• Marginal note:Gravity factor — reviewed order

  (2) If, after completing a review under section 35 of the Act, the review officer decides that the order should have been made under a different provision, the calculation under subsection (1) must reflect that decision.