Agriculture and Agri-Food Administrative Monetary Penalties Regulations (SOR/2000-187)
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Regulations are current to 2013-05-20 and last amended on 2012-03-29. Previous Versions
PAYMENT
10. (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty 30 days after the day on which the notice is served.
(2) A person named in a notice of violation may pay an amount equal to one half of the penalty, in lieu of the penalty, within 15 days after the day on which the notice is served.
(3) For the purposes of subsections (1) and (2), payment is deemed to be made:
(a) on the date indicated in the postmark stamped on the envelope, where the amount is sent by regular mail; or
(b) on the date indicated in the receipt issued by the post office or the courier, where the amount is sent by registered mail or courier.
REVIEW AND COMPLIANCE AGREEMENTS
11. (1) Where a person named in a notice of violation that contains a warning requests, pursuant to subsection 8(1) of the Act, a review of the facts of the violation by the Minister or the Tribunal, the request shall be made in writing within 30 days after the day on which the notice is served.
(2) Where a person named in a notice of violation that contains a penalty requests, pursuant to subsection 9(2) of the Act, a review of the facts of the violation by the Minister or the Tribunal or, if the penalty is $2,000 or more, to enter into a compliance agreement with the Minister, the request shall be made in writing within 30 days after the day on which the notice is served.
(3) For the purposes of subsection (2), a request to enter into a compliance agreement shall include a proposal outlining in detail the corrective action that will be taken to ensure future compliance.
12. Where a person is notified that the Minister refuses to enter into a compliance agreement, that person may, within 15 days after the day on which the notice is served
(a) pay the amount of penalty set out in the notice of violation; or
(b) request, in writing, a review by the Tribunal of the facts of the violation referred to in the notice of violation.
13. Where, after concluding a review requested pursuant to subsection 8(1) or 9(2) of the Act, the Minister notifies a person that it is the Minister’s decision that the person committed the violation, the person may
(a) request, in writing, within 15 days after the day on which the notice is served, a review of the Minister’s decision by the Tribunal; or
(b) where the review is in respect of a penalty, and the decision maintains the penalty or corrects the amount of the penalty, pay the penalty or the corrected amount, within 15 days after the day on which the notice is served.
14. (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier, fax or other electronic means to a person and place authorized by the Minister.
(2) Where a person makes a request referred to in subsection (1), the date of the request is
(a) the date on which the request is delivered to the authorized recipient, if the request is delivered by hand;
(b) the earlier of the date on which the request is received by the authorized recipient and the date on the receipt given to the person by a post office or courier, if the request is sent by registered mail or courier; or
(c) the date that appears on the fax or other electronic transmission.
(3) Where a request is sent by fax or by other electronic means, another copy of the request shall be sent by registered mail.
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