Human Pathogens and Toxins Act — H-5.67 431
4, 14.1 or 15 that are in respect of notification or the provision of information, as the case may be, (ii) the contravention of subsection 18(2.1), (6) or (6.1), (iii) the contravention of subsection 18(7) in relation to any licence conditions that are in respect of notification and the provision of information, (iv) the contravention of section 30, 31 or 32, (v) the contravention of the requirement in subsection 36(1) to designate an individual who holds the qualifications set out in regulations, as a biological safety officer, (vi) the contravention of subsection 36(3) in relation to any powers, duties and functions that are in respect of notification and the provision of information, (vii) the contravention of subsection 36(5) or 36.1(4), (viii) the contravention of subsection 38(3), (ix) the contravention of subsection 40.2(2), 41(3.1) or (5) or 44(2), (x) the contravention of a provision of a regulation made under paragraph 66(1)(k), and (xi) non-compliance with any other requirements that are in respect of notification and the provision of information that are prescribed by regulation; (b) respecting the classification of each violation; (c) respecting the information referred to in subsection (4); (d) respecting the proceedings in respect of a violation; and (e) respecting the penalties, including in relation to (i) the determination of, or the method of determining the penalty applicable for each violation, and (ii) the payment of the penalty imposed. Right to request review (13) Any regulation made under any of paragraphs (12)(a) to (e) must provide that a person named in the notice of violation has the right to request a review of the decision that the person has committed a violation or of the penalty imposed, or both. Penalties Payment 52.2 (1) If the person named in the notice of violation pays, in the time and manner specified in the notice, the amount of the penalty set out in the notice, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept that amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Alternatives (2) Instead of paying the amount of the penalty set out in the notice, the person may, in the time and manner specified in the notice, (a) if the amount of the penalty set out in the notice is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates; or (b) request a review by the Minister, in accordance with the regulations, of the decision that the person has committed a violation or of the penalty imposed, or both. Compliance Agreements Entering into compliance agreements 52.3 (1) After considering a request by a person named in the notice of violation, the Minister may enter into a compliance agreement with that person on any terms and conditions that are satisfactory to the Minister. The terms and conditions may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) A notice from the Minister that they are satisfied that a person who has entered into a compliance agreement has complied with it ends the proceedings commenced in respect of the violation. Any security given by the person under the compliance agreement must then be returned to the person. Notice of default (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Mi