Agriculture and Agri-Food Administrative Monetary Penalties Act (S.C. 1995, c. 40)
Full Document:
Act current to 2013-05-26 and last amended on 2006-06-28. Previous Versions
AMENDMENTS NOT IN FORCE
— 1998, c. 22, s. 26
26. The long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agriculture Products Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act
— 1998, c. 22, s. 27
27. The definition “agri-food Act” in section 2 of the Act is replaced by the following:
“agri-food Act”
« loi agroalimentaire »
“agri-food Act” means the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;
— 1998, c. 22, s. 28
1997, c. 21
28. (1) On the later of the coming into force of section 29 of the Farm Debt Mediation Act, chapter 21 of the Statutes of Canada, 1997, and the coming into force of section 26 of this Act, the long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agriculture Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act
1997, c. 21
(2) On the later of the coming into force of section 30 of the Farm Debt Mediation Act, chapter 21 of the Statutes of Canada, 1997, and the coming into force of section 27 of this Act, the definition “agri-food Act” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
“agri-food Act”
« loi agroalimentaire »
“agri-food Act” means the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;
— 2012, c. 24, s. 69
Definitions
69. The following definitions apply in sections 70 to 72.
“commencement day”
« date d’entrée en vigueur »
“commencement day” means the day on which section 102 comes into force.
“former Tribunal”
« ancienne Commission »
“former Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act.
“new Tribunal”
« nouvelle Commission »
“new Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.
— 2012, c. 24, s. 70
Chairperson
70. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.
— 2012, c. 24, s. 71
Other members
71. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.
— 2012, c. 24, s. 97
1997, c. 21, s. 29
97. The long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act
— 2012, c. 24, s. 98
1997, c. 21, s. 30
98. The definitions “agri-food Act” and “Tribunal” in section 2 of the Act are replaced by the following:
“agri-food Act”
« loi agroalimentaire »
“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;
“Tribunal”
« Commission »
“Tribunal” means the Review Tribunal continued by subsection 27(1);
— 2012, c. 24, s. 99
99. Subparagraph 4(1)(a)(iii) of the Act is replaced by the following:
(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or the Safe Food for Canadians Act,
— 2012, c. 24, s. 100
100. Paragraph 7(1)(c) of the English version of the Act is replaced by the following:
(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act or the Safe Food for Canadians Act
— 2012, c. 24, s. 101
101. Subsection 15(3) of the Act is replaced by the following:
Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.
— 2012, c. 24, s. 102
102. The heading before section 27 and sections 27 to 90 of the Act are replaced by the following:
REVIEW TRIBUNAL
Composition
Review Tribunal continued
27. (1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.
Composition
(2) The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.
Qualifications
28. A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.
Membership
29. The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.
Tenure
30. (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.
Re-appointment
(2) Each member may be re-appointed as a member in the same or another capacity.
No other federal public administration
31. A member must not hold any other office in the federal public administration.
Conflict of interest
32. A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.
Chairperson
Duties of Chairperson
33. (1) The Chairperson is the Tribunal’s chief executive officer and apportions work among its members.
Absence or incapacity of Chairperson
(2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.
Remuneration and Expenses
Remuneration
34. (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.
Travel and living expenses
(2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.
Staff
Staff and facilities
35. The Minister may provide the Tribunal with any officers and employees from within the federal public administration, and any facilities and professional advisers, that are necessary for the proper conduct of its business.
Contractual assistance
36. The Tribunal may enter into contracts for the services of persons having technical or specialized knowledge of any matter before the Tribunal.
Head Office
Head office
37. (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.
Sittings
(2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.
Jurisdiction
Tribunal
38. (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.
Review by Federal Court
(2) An order of the Tribunal may only be reviewed under the Federal Courts Act.
Chairperson
39. (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:
(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and
(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.
Other legally qualified members
(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.
Reviews
40. Reviews by the Tribunal are to be heard by a single member.
Powers
Court of record
41. (1) The Tribunal is a court of record with an official seal that must be judicially noticed.
Examination of witnesses, etc.
(2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may
(a) issue a summons requiring a person
(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and
(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;
(b) administer oaths and examine any person on oath; and
(c) during a hearing, receive any evidence that it considers relevant and trustworthy.
Rules
Rules
42. The Tribunal may, with the approval of the Governor in Council, make rules governing
(a) the practice and procedure in respect of hearings;
(b) the time and manner in which applications and notices must be made or given; and
(c) the work of the Tribunal under this or any other Act of Parliament.
General
Consultations
43. The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.
Rules of evidence
44. The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Privileged evidence not receivable
45. The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
— 2012, c. 24, s. 109
1998, c. 22
109. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.
(2) On the first day on which both section 97 of this Act is in force and subsection 28(1) of the other Act has produced its effects, the long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act
(3) On the first day on which both section 98 of this Act is in force and subsection 28(2) of the other Act has produced its effects, the definition “agri-food Act” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
“agri-food Act”
« loi agroalimentaire »
“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;
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