Notices of Violation
Marginal note:Issuance and service
25. (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the officer may issue, and shall cause to be served on the person, a notice of violation.
Marginal note:Contents of notice
(2) The Minister may establish the form and content of notices of violation, but each notice of violation must
(a) name the person believed to have committed a violation;
(b) identify the violation;
(c) set out the penalty that the enforcement officer proposes to impose;
(d) inform the person that they may, within 30 days after the notice is served or within any longer period specified in the notice, either pay the penalty set out in the notice or make representations to the officer with respect to the alleged violation or proposed penalty — including any representations about entering into a compliance agreement — and set out the manner for doing so; and
(e) inform the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be considered to have committed the violation and the officer may impose a penalty in respect of it.
Marginal note:Criteria for penalty
(3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters:
(a) the degree of intention or negligence on the part of the person who committed the violation;
(b) the harm done by the violation;
(c) the person’s history of prior violations or convictions under this Act during the five-year period immediately before the violation;
(d) any prescribed criteria; and
(e) any other relevant matter.
Determination of Responsibility and Penalty
Payment of Penalty
26. If the person pays the penalty proposed in the notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
Marginal note:Making of representations
27. (1) If the person alleged to have committed a violation makes representations, the enforcement officer shall either
(a) enter into a compliance agreement with the person on behalf of the Minister; or
(b) decide on a balance of probabilities whether the person committed the violation and, if so, impose the penalty proposed, a lesser penalty or no penalty, taking into account the matters mentioned in subsection 25(3).
The enforcement officer shall cause notice of any decision made under paragraph (b) to be issued and served on the person together with notice of the person’s right of appeal under subsection 29(1).
Marginal note:Compliance agreements
(2) In the course of the making of representations, an enforcement officer may, on behalf of the Minister, enter into a compliance agreement with the person alleged to have committed a violation on any terms that the officer considers satisfactory. The terms
(a) must provide for payment by the person to the Receiver General of a specified amount not greater than the penalty proposed in the notice of violation if the person does not comply with the agreement; and
(b) may provide for the giving of reasonable security, in a form and an amount that the officer considers satisfactory, for the person’s performance of the agreement.
Marginal note:Agreement ends proceedings
(3) Entry into a compliance agreement ends the violation proceedings and precludes any further violation or offence proceedings in relation to the act or omission in question.
Marginal note:If agreement not complied with
(4) The Minister may issue and serve a notice of default on a person who has entered into a compliance agreement but has not complied with it. On service of the notice, the person is liable to pay without delay the amount provided for in the agreement, failing which, the Minister may realize or enforce any security for the person’s performance of the agreement.
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