Human Pathogens and Toxins Act — H-5.67 431
431 The Act is amended by adding the following after section 52: Administrative Monetary Penalties Violations Administrative monetary penalties 52.1 (1) Every person who contravenes a provision designated under paragraph (12)(a) commits a violation and is liable to an administrative monetary penalty of not more than $50,000 in the case of an individual and $250,000 in the case of any other person. Purpose of penalty (2) The purpose of the penalty is to promote compliance with the provisions of this Act or the regulations and not to punish. Minister’s powers — notice of violation (3) The Minister may (a) establish the form of notices of violations; (b) designate individuals, or classes of individuals, who are authorized to issue notices of violations; and (c) establish, in respect of each violation, a short-form description to be used in notices of violation. Notice of violation (4) If an individual designated under subsection (3) has reasonable grounds to believe that a person has committed a violation, the designated individual may issue a notice of violation and cause it to be served on the person. The notice of violation must include the information prescribed by regulation. Continuing violation (5) A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued. Limitation (6) Proceedings in respect of a violation may be instituted no later than two years after the day on which the subject matter of the proceedings becomes known to the Minister. Publication (7) After proceedings in respect of a violation are ended, the Minister may make public the nature of the violation, the name of the person who committed it and the amount of the penalty imposed. Directors, officers and agents or mandatries (8) If a person other than an individual commits a violation under this Act or the regulations, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation, whether or not the person is proceeded against under this Act or the regulations. Employees, agents or mandataries (9) In a proceeding for a violation under this Act or the regulations, it is sufficient proof of the violation to establish that it was committed by the employee of the person named in the notice of violation, who is acting within the scope of their employment, or the agent or mandatary of the person named in the notice of violation, who is acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or proceeded against for the violation, unless the person named in the violation establishes that (a) the violation was committed without the persons’s knowledge or consent; and (b) the person exercised all due diligence to prevent its commission. Violation or offence (10) If 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. Violation not offences (11) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Regulations (12) The Governor in Council may make regulations respecting an administrative monetary penalties scheme, including regulations (a) designating any of the following as violations: (i) non-compliance with the requirements in subsection 12(1), paragraph 12(2)(a) or section 13, 14, 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