Agriculture and Agri-Food Administrative Monetary Penalties Act

Marginal note:Regulations

• 4 (1) The Minister may make regulations

  • (a) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,

    • (ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or

    • (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or the Pest Control Products Act;

    if the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;

  • (b) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;

  • (c) fixing a penalty, or a range of penalties, in respect of each violation;

  • (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);

  • (e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;

  • (f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;

  • (g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;

  • (h) prescribing anything that by this Act is to be prescribed; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Maximum penalties

  (2) The maximum penalty for a violation is

  • (a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and

  • (b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.

• Marginal note:Criteria

  (3) Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:

  • (a) the degree of intention or negligence on the part of the person who committed the violation;

  • (b) the harm done by the violation; and

  • (c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.