1. The following definitions apply in these Regulations.

“Act”

“Act” means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)

“minor harm”

“minor harm” means actual or potential harm, the effects of which can be reversed at a cost not exceeding $1,000. (tort mineur)

“serious harm”

“serious harm” means actual or potential harm which does not constitute minor harm. (tort grave)

2. The contravention of any of the following provisions is a violation that may be proceeded with in accordance with the Act:

• (a) a provision of the Pest Control Products Act that is set out in column 1 of Part 1 of Schedule 1;

• (b) a provision of the Pest Control Products Regulations that is set out in column 1 of Part 2 of Schedule 1;

• (c) a provision of the Pest Control Products Sales Information Reporting Regulations that is set out in column 1 of Part 3 of Schedule 1; and

• (d) a provision of the Pest Control Products Incident Reporting Regulations that is set out in column 1 of Part 4 of Schedule 1.

3. As established by the Minister under paragraph 6(b) of the Act, the short-form description to be used in notices of violation in respect of each violation of a provision that is set out in column 1 of Schedule 1 is set out in column 2.

4. The classification of a violation as a minor violation, serious violation or very serious violation of a provision set out in column 1 of Schedule 1 is as set out in column 3.

• 5. (1) The amount of the penalty in respect of a violation committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit is

  • (a) $100, for a minor violation;

  • (b) $200, for a serious violation; and

  • (c) $400, for a very serious violation.

• (2) The amount of the penalty in respect of a minor violation committed by a person in the course of a business or in order to obtain a financial benefit is $500.

• (3) The amount of the penalty in respect of a violation committed by a person in the course of a business or in order to obtain a financial benefit is $2,000 for a serious violation and $4,000 for a very serious violation, with adjustments, if any, determined in accordance with column 2 of Schedule 2 for each total gravity value as established in accordance with section 6 and set out in column 1 of that Schedule.