GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Agricultural Products Marketing Act — A-6 1
Short title 1 This Act may be cited as the Agricultural Products Marketing Act . R.S., c. A-7, s. 1
Agricultural Products Marketing Act — A-6 1.1
Definition of agricultural product 1.1 In this Act, agricultural product includes wood. 1991, c. 34, s. 1
Agricultural Products Marketing Act — A-6 2
Governor in Council may grant authority to provincial boards 2 (1) The Governor in Council may, by order, grant authority to any board or agency authorized under the law of any province to exercise powers of regulation in relation to the marketing of any agricultural product locally within the province, to regulate the marketing of that agricultural product in interprovincial and export trade and for those purposes to exercise all or any powers like the powers exercisable by the board or agency in relation to the marketing of that agricultural product locally within the province. Levies and charges (2) The Governor in Council may, by order, grant to any board or agency mentioned in subsection (1) authority in relation to the powers that may be granted to the board or agency under this Act with respect to the marketing of any agricultural product in interprovincial and export trade, (a) to fix, impose and collect levies or charges from persons engaged in the production or marketing of the whole or any part of any agricultural product and for that purpose to classify those persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and (b) to use the levies or charges for the purposes of the board or agency, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of any such agricultural product and the equalization or adjustment among producers of any agricultural product of moneys realized from the sale thereof during such period or periods of time as the board or agency may determine. Debt due to board or agency (2.1) Levies or charges imposed by a board or agency pursuant to the authority granted to it under subsection (2) constitute a debt due to that board or agency and may be sued for and recovered by it in any court of competent jurisdiction. Authority may be revoked (3) The Governor in Council may, by order, revoke any authority granted under this section. R.S., 1985, c. A-6, s. 2; 1991, c. 34, s. 2
Agricultural Products Marketing Act — A-6 3
Regulations 3 The Governor in Council may make regulations prescribing the terms and conditions governing the granting and revocation of authority under section 2 and generally may make regulations for carrying the purposes and provisions of this Act into effect. R.S., c. A-7, s. 3
Agricultural Products Marketing Act — A-6 4
Offence 4 (1) Every person who contravenes any regulation, or any order, rule or regulation made by any board or agency under this Act with reference to the marketing of an agricultural product in interprovincial and export trade, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both. Onus (2) In any prosecution for an offence under this Act, the act or omission complained of, in respect of which the prosecution was instituted, shall, unless the accused proves the contrary, be deemed to relate to the marketing of an agricultural product in interprovincial and export trade. R.S., c. A-7, s. 4
Agricultural Products Marketing Act — A-6 3
Validation and continuation of wood orders 3 For greater certainty, all orders in respect of wood made by the Governor in Council pursuant to section 2 of the Agricultural Products Marketing Act before the coming into force of this Act shall be deemed for all purposes to have been validly made and to have had, and to continue to have, until revoked, the same force and effect as if they had been made pursuant to an Act of Parliament that authorized the making thereof, and everything done before the coming into force of this Act pursuant to the authority granted by any such order shall be deemed for all purposes to have been validly done.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 1
Short title 1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act .
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 2
Definitions 2 In this Act, agri-food Act means the Farm Debt Mediation Act , the Feeds Act , the Fertilizers Act , the Health of Animals Act , the Pest Control Products Act , the Plant Protection Act , the Safe Food for Canadians Act or the Seeds Act ; ( loi agroalimentaire ) Minister means the Minister of Agriculture and Agri-Food, except that (a) it means the Minister of Health in relation to a violation involving a contravention of (i) the Pest Control Products Act , or (ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act ; ( ministre ) penalty means an administrative monetary penalty imposed under this Act for a violation; ( sanction ) prescribed means prescribed by regulation; ( Version anglaise seulement ) Tribunal means the Review Tribunal continued by subsection 27(1); ( Commission ) 1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
agri-food Act means the Farm Debt Mediation Act , the Feeds Act , the Fertilizers Act , the Health of Animals Act , the Pest Control Products Act , the Plant Protection Act , the Safe Food for Canadians Act or the Seeds Act ; ( loi agroalimentaire )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 (a)
Minister means the Minister of Agriculture and Agri-Food, except that (a) it means the Minister of Health in relation to a violation involving a contravention of (i) the Pest Control Products Act , or (ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act ; ( ministre )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
penalty means an administrative monetary penalty imposed under this Act for a violation; ( sanction )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
prescribed means prescribed by regulation; ( Version anglaise seulement )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
Tribunal means the Review Tribunal continued by subsection 27(1); ( Commission )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 3
Purpose of Act 3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 4
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 , the Pest Control Products Act or the Safe Food for Canadians 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. 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. 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. 1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 5
How act or omission may be proceeded with 5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 6
Power of Minister — notices of violation 6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation. 1995, c. 40, s. 6; 2015, c. 2, s. 115
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 7
Commission of violation 7 (1) Every person who (a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act, (b) contravenes any order made by the Minister under the Plant Protection Act , or (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act , the Health of Animals Act , the Pest Control Products Act or the Safe Food for Canadians Act the contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act. Issuance of notice of violation (2) If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and (a) contains a warning that the person has committed a violation; or (b) sets out (i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay, (ii) particulars concerning the time for paying and the manner of paying the penalty, and (iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice. Summary of rights (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review. 1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E)
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 8
Notices with warning — request for review 8 (1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal. Deeming (2) Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 9
Notices with penalty — payment 9 (1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty, (a) the person is deemed to have committed the violation in respect of which the amount is paid; (b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 7 are ended. Alternatives to payment (2) Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner, (a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates; (b) request a review by the Minister of the facts of the violation; or (c) request a review by the Tribunal of the facts of the violation. Deeming (3) Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 10
Compliance agreements 10 (1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may (a) include a provision for the giving of reasonable security, in a form and in an 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 makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into. Where compliance agreement complied with (3) Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice, (a) the proceedings commenced in respect of the violation under section 7 are ended; and (b) any security given under the compliance agreement by the person shall be returned to the person. Where compliance agreement not complied with (4) Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or (b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada. Effect of notice of default (5) On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and (a) the person served is liable to pay the amount set out in the notice; or (b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended. Effect of payment (6) Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner, (a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and (b) the proceedings commenced in respect of the violation under section 7 are ended.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 11
Refusal to enter into compliance agreement 11 (1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner, (a) pay the amount of the penalty; or (b) request a review by the Tribunal of the facts of the violation. Effect of payment (2) Where a person pays the amount referred to in paragraph (1)(a), (a) the person is deemed to have committed the violation in respect of which the payment is made; (b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 7 are ended. Deeming (3) If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation. 1995, c. 40, s. 11; 2015, c. 2, s. 117(E)
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 12
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. 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.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 13
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. 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.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 14
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. 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.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 15
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. 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. 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. 1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F)