Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)

Review by Minister

Marginal note:Review under section 8

• 12 (1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.

• Marginal note:Right to review

  (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.

Marginal note:Review under paragraph 9(2)(b)

• 13 (1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.

• Marginal note:Payment or right to review

  (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,

  • (a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case

    • (i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and

    • (ii) the proceedings commenced in respect of the violation under section 7 are ended; or

  • (b) request a review of the Minister’s decision by the Tribunal.

Review by Tribunal

Marginal note:Review by Tribunal

• 14 (1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,

  • (a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or

  • (b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,

  and the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.

• Marginal note:Payment

  (2) Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,

  • (a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 7 are ended.

Enforcement

Marginal note:Debts to Her Majesty

• 15 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

  • (a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;

  • (b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;

  • (c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;

  • (d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;

  • (e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and

  • (f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.

• Marginal note:Time limit

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.

Marginal note:Certificate of default

• 16 (1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgments

  (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Rules of Law About Violations

Marginal note:Violations not offences

17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Certain defences not available

• 18 (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.

Marginal note:Vicarious liability — licence holders, etc.

• 20 (1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.

• Marginal note:Vicarious liability — acts of employees and agents

  (2) A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Marginal note:Forfeiture

22 Where

• (a) a person is deemed by this Act to have committed a violation, or

• (b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,

anything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.

General Provisions

Marginal note:Notations removed

• 23 (1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from

  • (a) where the notice of violation contained a warning, the date the notice was served, or

  • (b) in any other case, the payment of any debt referred to in subsection 15(1),

  unless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.

• Marginal note:Duty to notify

  (2) The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).

Marginal note:Service of documents

24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.

Marginal note:Evidence

25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Marginal note:Limitation period

26 No proceedings in respect of a violation may be commenced later than

• (a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or

• (b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.

Review Tribunal

Composition

Marginal note:Review Tribunal continued

• 27 (1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.

• Marginal note:Composition

  (2) The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.

Marginal note:Qualifications

28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.

Marginal note:Membership

29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.

Marginal note:Tenure

• 30 (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.

• Marginal note:Re-appointment

  (2) Each member may be re-appointed as a member in the same or another capacity.

Marginal note:No other federal public administration

31 A member must not hold any other office in the federal public administration.

Marginal note:Conflict of interest

32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.

Chairperson

Marginal note:Duties of Chairperson

• 33 (1) The Chairperson apportions work among the Tribunal’s members.

• Marginal note:Absence or incapacity of Chairperson

  (2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.

Remuneration and Expenses

Marginal note:Remuneration

• 34 (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.

• Marginal note:Travel and living expenses

  (2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.

35 [Repealed, 2014, c. 20, s. 480]

36 [Repealed, 2014, c. 20, s. 480]