Controlled Drugs and Substances Act — C-38.8 28
. 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 time and manner, they are deemed to have committed the violation identified in the notice. Compliance Agreements Compliance agreements 39 (1) After considering a request under paragraph 38(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions 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 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) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time (a) the proceedings commenced in respect of the violation under section 37 are ended; and (b) any security given by the person under the compliance agreement shall 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 Minister shall cause a notice of default to be provided to 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, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 34(2) does not apply in respect of that amount; or (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada. Effect of notice of default (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount that they spent under the compliance agreement and (a) the person is liable to pay the amount set out in the notice; or (b) if the notice 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 37 are ended. Effect of payment (6) If a person pays the amount set out in the notice of default in the prescribed time and manner, (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and (b) the proceedings commenced in respect of the violation under section 37 are ended. Refusal to enter into compliance agreement 40 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 38(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner. Effect of payment (2) If a person pays the amount referred to in subsection (1), (a) they are deemed to have committed the violation in respect of which the payment is made; (b) the Minister shall accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 37 are ended. Deeming (3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation. Review by the Minister Review — facts 41 (1) On completion of a review requested under paragraph 38(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister sha