Human Pathogens and Toxins Act — H-5.67 431
liance 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 Minister must cause a notice of default to be provided to the person informing them that (a) instead of being liable to pay the amount of the penalty set out in the compliance agreement, the person is liable to pay, in the time and manner specified in the notice of default, an amount that is twice the amount of the penalty set out in the notice of violation, and for greater certainty, subsection 52.1(1) does not apply in respect of that amount; or (b) the security is forfeited to His 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 of default any amount they spent under the compliance agreement and (a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of default; or (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (6) If the person pays the amount set out in the notice of default in the time and manner specified in the notice of default, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended. Refusal to enter into compliance agreement 52.4 (1) If the Minister refuses to enter into a compliance agreement is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation. Effect of payment (2) If a person pays the amount set out in the notice of violation in the specified time and manner, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Default of payment (3) If a person does not pay the amount set out in the notice of violation in the specified time and manner, they are deemed to have committed the violation identified in the notice of violation. Rules About Violations Due diligence 52.5 (1) A person must not be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission. Non-application (2) Despite subsection (1), a person to whom the Minister causes a notice of default to be provided under subsection 52.3(4) does not have a defence by reason that the person exercised due diligence to comply with the compliance agreement. Common law principles (3) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act or the regulations applies in respect of a violation to the extent that it is not inconsistent with this Act and the regulations.