Agriculture and Agri-Food Administrative Monetary Penalties Act

Marginal note:Commission of violation

• 7 (1) Every person who

  • (a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,

  • (b) contravenes any order made by the Minister under the Plant Protection Act, or

  • (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act or the Health of Animals Act

  the contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.

• Marginal note:Issuance of notice of violation

  (2) Where a person designated under paragraph 6(a) has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and

  • (a) contains a warning that the person has committed a violation; or

  • (b) sets out

    • (i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,

    • (ii) particulars concerning the time for paying and the manner of paying the penalty, and

    • (iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.

• Marginal note:Summary of rights

  (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.