Controlled Drugs and Substances Act — C-38.8 28
28 Part V of the Act is replaced by the following : PART V Administrative Monetary Penalties Violation Commission of violation 33 Every person who contravenes a provision designated by regulations made under paragraph 34(1)(a), or contravenes an order made under section 45.1 or 45.2 or reviewed under section 45.4, commits a violation and is liable to the penalty established in accordance with the provisions of this Act and the regulations. Powers of the Governor in Council and the Minister Regulations 34 (1) The Governor in Council may make regulations (a) designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act — except a provision of Part I — or the regulations; (b) fixing a penalty, or a range of penalties, in respect of each violation; (c) classifying each violation as a minor violation, a serious violation or a very serious violation; and (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement. Maximum penalty (2) The maximum penalty for a violation is $30,000. Criteria for penalty 35 Unless a penalty is fixed under paragraph 34(1)(b), the amount of a penalty shall, in each case, be determined taking into account (a) the history of compliance with the provisions of this Act or the regulations by the person who committed the violation; (b) the harm to public health or safety that resulted or could have resulted from the violation; (c) whether the person made reasonable efforts to mitigate or reverse the violation’s effects; (d) whether the person derived any competitive or economic benefit from the violation; and (e) any other prescribed criteria. Notices of violation 36 The Minister may (a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. Proceedings Issuance of notice of violation 37 (1) If a person who is designated under paragraph 36(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that (a) sets out the person’s name; (b) identifies the alleged violation; (c) sets out the penalty for the violation that the person is liable to pay; and (d) sets out the particulars concerning the time and manner of payment. Summary of rights (2) A notice of violation shall clearly summarize, in plain language, the named person’s rights and obligations under this section and sections 38 to 43.7, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review. Penalties Payment 38 (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister shall accept that amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 37 are ended. Alternatives to payment (2) Instead of paying the penalty set out in a notice of violation, the person named in the notice may, in the prescribed time and manner, (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order or the provision to which the violation relates; or (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty. Deeming (3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner and does not exercise any right referred to in subsection (2) in the prescribed