Agriculture and Agri-Food Administrative Monetary Penalties Regulations
SOR/2000-187AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2000-05-04
Agriculture and Agri-Food Administrative Monetary Penalties RegulationsThe Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations.
Return to footnote aS.C. 1995, c. 40
May 3, 2000
LYLE VANCLIEF
Minister of Agriculture and Agri-FoodInterpretation
1 The following definitions apply in these Regulations.
Act
Act means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)
import reference document
import reference document means the document entitled Import Reference Document published by the Canadian Food Inspection Agency on April 11, 2001. (document de référence)
SOR/2003-256, s. 1.
Violations
2 The contravention of a provision of the Health of Animals Act, the Plant Protection Act or the Meat Inspection Act or of a regulation made under any of those Acts, or the contravention of an order — or class of orders — made by the Minister under the Plant Protection Act, or the refusal or neglect to perform any specified duty — or class of duties — imposed by or under the Health of Animals Act or the Plant Protection Act that is set out in an item, column 1 of Schedule 1, is a violation that may be proceeded with in accordance with the Act.
SOR/2014-296, s. 1.
Previous Version
Short-form Descriptions
3 The short-form descriptions that are set out in column 2 of Schedule 1 are established to be used in notices of violations in respect of violations of the corresponding provisions that are set out in column 1 of Schedule 1.
SOR/2005-190, s. 1.
Classification
4 The classification of a violation as a minor, serious or very serious violation of a provision set out in column 1 of an item of Schedule 1 is as set out in column 3 of that item.
Penalties
5 (1) The amount of the penalty in respect of a violation that is committed by an individual otherwise than in the course of business and that is not committed to obtain a financial benefit is
(a) $500, for a minor violation;
(b) $800, for a serious violation; and
(c) $1300, for a very serious violation.
(2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of business or in order to obtain a financial benefit is $1,300.
(3) The amount of the penalty in respect of a violation that is committed by a person in the course of business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.
SOR/2010-215, s. 1.
Previous Version
6 The total gravity value in respect of each serious or very serious violation referred to in subsection 5(3) shall be established by
(a) considering the following criteria:
(i) the history of the person who committed the violation in respect of prior violations or offences as described in column 2 of an item of Part 1 of Schedule 3,
(ii) the degree of intention or negligence on the part of the person who committed the violation as described in column 2 of an item of Part 2 of Schedule 3, and
(iii) the harm done or that could be done by the violation as described in column 2 of an item of Part 3 of Schedule 3;
(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i), (ii) and (iii), the applicable gravity value that is set out in column 1 of an item of Parts 1, 2 and 3 of Schedule 3; and
(c) adding the values obtained under paragraph (b).
Compliance Agreements
7 (1) Subject to subsection (2), where the Minister agrees to enter into a compliance agreement and the terms and conditions of the agreement include monetary expenditures to be made by a person, the amount of the penalty shall be reduced by one dollar for every two dollars spent by the person, with a maximum reduction to nil.
(2) The amount set out in a notice of default served pursuant to subsection 10(4) of the Act shall be paid by certified cheque or money order made payable to the Receiver General for Canada within 15 days after service of the notice.
Service of Documents
8 (1) Service of any document originating from the Minister, including a notice of violation, on an individual named in the document may be made
(a) personally, by leaving a copy of it
(i) with the individual at any place, or
(ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual. The day on which the document is left with that person is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.
(2) Service of a notice of violation on a person other than an individual may be effected by
(a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the person or to the person’s agent;
(b) leaving a copy of it at the person’s head office or place of business, with an officer or other individual who appears to be in control or management of the head office or place of business or with the person’s agent; or
(c) sending a copy of it by electronic means other than by fax to any individual referred to in paragraph (b).
(3) Where a document is sent by fax or by other electronic means, another copy of the document shall be sent by registered mail.
9 (1) A person who signs a certificate of service, in a form approved by the Minister, stating that the notice of violation was served on the person named in the certificate and the means by which service was effected is deemed to have served the document on the date that is determined pursuant to subsections (2) to (4).
(2) A document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office.
(3) A document sent by courier is served on the 10th day after the date indicated in the courier’s receipt issued to the sender.
(4) A document sent by fax or other electronic means is served on the date it is sent.
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.
Review by Tribunal
15 (1) A review by the Tribunal shall be conducted orally where the person named in the notice of violation requests that the review be oral.
(2) A review, whether conducted orally or through written representations, may include hearings by conference telephone, conference video or other electronic means where, in the Tribunal’s opinion, its deliberations will be assisted by those means.
(3) Where a review is in respect of a penalty and the Tribunal maintains the penalty or corrects the amount of the penalty, the person who requested the review shall pay the penalty or the corrected amount within 30 days after the day on which notice of the Tribunal’s decision is served.
Coming into Force
16 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 2 to 4)
PART 1 Health of Animals Act and Health of Animals Regulations
DIVISION 1Health of Animals Act(S.C. 1990, c. 21)
Column 1
Column 2
Column 3
Item
Provision of Health of Animals Act
Short-form Description
Classification
1
5(1)
Fail to notify the nearest veterinary inspector of the presence of a reportable disease or a toxic substance
Very serious
2
5(2)
Fail to notify a veterinary inspector of the suspicion of a reportable disease or a toxic substance
Very serious
3
7(3)
Enter in a place in contravention of a notice
Serious
4
8
Conceal the existence of a reportable disease or a toxic substance
Very serious
5
9
Keep on open land an infected animal
Very serious
6
10
Bring into a public place an infected animal
Very serious
7
11
Sell or offer or expose for sale an infected animal, a part of an infected animal or an animal product or animal by-product obtained from an infected animal
Very serious
8
12
Throw in a body of water a carcass or a part of an animal that is known to be infected or that was destroyed because of a disease
Very serious
9
13(1)
Dig up all or part of the carcass of an animal that died of a disease or that was destroyed because of a disease
Very serious
10
15
Possess or dispose of an animal or thing known to be imported illegally
Very serious
11
16
Fail to present an animal or thing
Very serious
12
18(2)
Fail to comply with the prescribed notice
Very serious
13
19(1)
Export an animal without the prescribed certificate
Serious
14
19(2)
Fail to present an animal
Serious
15
19(4)
Send or take an animal out of Canada without a copy of the prescribed certificate
Serious
16
25(1)
Remove from or take into an infected place any animal or thing without the required licence
Very serious
17
25(3)
Fail to comply with the prescribed notice
Very serious
18
27(5)
Fail to comply with the prescribed notice
Very serious
19
31(2)
Fail to provide or maintain adequate facilities
Serious
20
35(1)
(a) Hinder an inspector, an analyst or an officer
Serious
(b) Make any false or misleading statement to an inspector, an analyst or an officer
Very serious
21
35(2)
(a) Fail to give all reasonable assistance
Very serious
(b) Fail to furnish information
Serious
22
37(2)
Fail to comply with the prescribed notice
Serious
23
43(2)
Fail to comply with the prescribed notice
Serious
24
44
(a) Remove an animal or thing seized and detained
Very serious
(b) Alter or interfere with an animal or thing seized and detained
Serious
25
48(3)
(a) Fail to comply with the prescribed notice to dispose of an animal or thing
Very serious
(b) Fail to comply with the prescribed notice to treat an animal or thing
Serious
DIVISION 2Health of Animals Regulations
(C.R.C., c. 296;
SOR/91-525)
Column 1
Column 2
Column 3
Item
Provision of Health of Animals Regulations
Short-form Description
Classification
1
3(2)
Fail to comply with a prescribed order
Serious
2
5(2)
Fail to comply with a prescribed order
Serious
3
6
Fail to comply with a quarantine notice
Very serious
3.1
6.2
Fail to ensure that specified risk material has been removed from cattle slaughtered, cut up or deboned for human consumption as food
Very serious
3.2
6.3
Use or export for human consumption as food specified risk material in any form, where the specified risk material was removed from cattle slaughtered in Canada
Very serious
4
9
Fail to comply with a quarantine notice
Very serious
5
11(1)(a)
(a) Import germplasm of a regulated animal without a permit, if there are no applicable provisions in the import reference document
Very serious
(b) Fail to comply with the conditions of a permit
Very serious
6
12(1)(a)
(a) Import a regulated animal without a permit, if there are no applicable provisions in the import reference document
Very serious
(b) Fail to comply with the conditions of a permit
Very serious
7
12(2)
(a) Import a regulated animal from an equivalent risk area without the required certificate
Very serious
(b) Import a regulated animal from an equivalent risk area with an incomplete certificate
Very serious
8
12(3)
(a) Import a regulated animal from a low risk area without the required certificate
Very serious
(b) Import a regulated animal from a low risk area with an incomplete certificate
Very serious
9
12(4)
Import a regulated animal without a permit from an undesignated area for an animal of that species, if there are no applicable provisions in the import reference document
Very serious
10
12(5)(a)
(a) Transport a regulated animal for slaughter or for confinement in a restricted premises without a licence
Minor
(b) Fail to comply with the conditions of a licence
Minor
11
12(5)(b)
Transport a regulated animal for slaughter or for confinement in a restricted premises in a conveyance the exits of which are not sealed
Serious
12
12(6)
Import a regulated animal without a permit that is transported through the United States in a conveyance the exits of which are not sealed
Serious
13
13
Import a regulated animal under a permit or certificate that contains false or misleading information
Very serious
14
14
Import a regulated animal that has been in contact with another animal that poses a higher risk or that has been in contact with anything used in relation to the animal with the higher risk
Serious
15
15
Import a regulated animal that is not clearly identified at the time of importation
Serious
16
16
Fail to keep a record which clearly shows the place of origin of the regulated animal, as well as the place and date of its importation
Serious
17. to 65.
[Repealed, SOR/2003-256, s. 2]
66
34(1)(a)
Import an animal product from a country that is not designated free from foot and mouth disease
Minor
67
34(1)(b)
Import an animal product without the required certificate
Serious
68
34(2)(a)
Import unfertilized eggs from a country that is not designated free from Newcastle disease and avian influenza
Serious
69
34(2)(b)
Import unfertilized eggs without the prescribed certificate
Serious
70
34(2)(c)
Import unfertilized eggs that are packed in dirty containers
Serious
71. to 78.
[Repealed, SOR/2003-256, s. 3]
79
40
Import an animal by-product without meeting the prescribed requirements
Serious
80
41(2)(a)
Import an animal by-product from a country, other than the United States, that is not designated as free of prescribed diseases
Serious
81
41(2)(b)
Import an animal by-product without a certificate
Minor
82
41.1(2)
Use or cause to be used an animal by-product for animal food or as ingredient for animal food
Very serious
83
42.1(2)
Fail to process raw glands or organs as prescribed
Serious
84
42.1(3)
Transport or cause to be transported raw glands or organs to a place other than the required establishment
Serious
85
45(1)(a)
Import gluestock without meeting the prescribed conditions
Serious
86
45(1)(b)
Fail to transport gluestock directly to the approved establishment
Serious
87
45(2)
Fail to process gluestock as prescribed
Serious
88
45(3)
Transport or cause to be transported gluestock to a place other than the required establishment
Serious
89
46(1)
Import animal manure, blood meal, bone meal, tankage, or feather meal without meeting the prescribed requirements
Very serious
90
47
Import from a country, other than the United States, garbage or refuse containing an animal product or by-product
Very serious
91
47.1(2)
(a) Discharge refuse or manure without meeting the prescribed requirements
Serious
(b) Discharge refuse or manure in a manner that could introduce or spread disease
Very serious
92
47.1(3)
Discharge refuse without incinerating, sterilizing or deep burying the refuse as prescribed
Serious
93
47.1(4)
Discharge garbage or refuse without meeting the prescribed requirements
Serious
94
47.1(5)
Discharge refuse, garbage or manure at a place where it cannot be treated and disposed of as prescribed
Serious
95
47.1(6)
(a) Fail to transport, treat and dispose of garbage, refuse or manure in the required manner or in the required time
Serious
(b) Handle, transport or keep garbage, refuse or manure in a manner that could result in the introduction or spread of disease
Serious
96
47.1(7)(b)
Fail to store refuse, garbage or manure as specified by an inspector
Serious
97
47.1(8)
Fail to comply with the requirements of an inspector while transporting garbage, refuse or manure
Serious
98
49
Import a game animal carcass without meeting the prescribed conditions
Minor
99
50(a)
Import matted or blood-stained wool, hair or bristles
Minor
100
50(b)
Import an animal by-product removed from a diseased animal
Serious
101
51(a)
Import an animal pathogen into Canada without a permit
Very serious
102
51(b)
Import an animal, animal product, animal by-product or other organism carrying all or part of an animal pathogen without a permit
Very serious
103
51(c)
Import blood or serum without the required permit
Serious
104
51.1(a)
(a) Move a pathogen, an animal or organism to a place not named in the permit
Very serious
(b) Move blood or serum to any place not named in the permit
Serious
105
51.1(b)
(a) Introduce a pathogen into an animal without a permit or in contravention of a permit
Very serious
(b) Introduce an animal, an organism or blood or serum into an animal without a permit or in contravention of a permit
Very serious
106
51.2(1)(b)
(a) Import animal blood or serum from a country, other than the United States, that is not designated free of a reportable or serious disease
Very serious
(b) Import animal blood or serum without the prescribed certificate
Serious
107
51.2(2)
Expose or use animal blood or serum in a live animal
Very serious
108
53(b)
(a) Import animal food from a country not designated as free of prescribed diseases
Serious
(b) Import animal food without a certificate
Minor
109
53(c)
Import animal food on a vessel which carried uncertified ruminants or swine
Serious
110
54
Import fodder to be used to feed animals
Serious
111
57(a)
(a) Import used beehives
Serious
(b) Import used beehive equipment
Minor
112
57(b)
(a) Import bee feed without the required certificate
Minor
(b) Fail to transport untreated bee feed directly to the approved establishment
Minor
113
58(1)
Import an animal without having it admitted at an approved place
Minor
114
58(2)
Import an animal by air without having it admitted at an approved place
Serious
115
61
Remove an animal that has not been quarantined
Very serious
116
62
Fail to destroy or to remove from Canada an animal as ordered
Very serious
117
69(1)(a)
Export livestock, poultry, embryos or semen without the required certificate
Serious
118
69(1)(b)
Export livestock, poultry, embryos or semen without meeting the requirements of the destination country
Serious
119
69(2)
Export semen that was not stored as prescribed
Serious
120
69(3)
Export livestock, poultry, embryos or semen without the official export stamp on the certificate
Serious
121
69(4)
Apply an official export stamp to a certificate without authorization
Serious
122
71(1)
Export without the consent of an inspector an animal that has not been at the place of embarkation for at least 12 hours
Serious
123
73.1
Fail to comply with a request to test animals
Very serious
124
76(1)
Move or cause to be moved a Cervidae or a bovine without the required permit
Very serious
125
76(2)
Receive or possess a Cervidae or a bovine moved without the required permit
Very serious
125.1
76(3)
Fail to keep a copy of the required permit
Minor
125.2
78.26
Fail to produce the required permit
Very serious
126
79.11
Fail to comply with a request to test poultry, poultry products or poultry by-products
Serious
127
79.13
Transport or permit to be transported day old chicks or hatching eggs into an eradication area without a certificate
Serious
128
79.14(1)
Exhibit in a show poultry that is not identified or certified as prescribed
Serious
129
79.14(2)
Permit to be exhibited poultry that is not identified or certified as prescribed
Serious
130
79.15
Keep untested poultry on the premises of an approved hatchery supply flock
Serious
131
79.16(1)
Fail to keep a record of mortality
Serious
132
79.16(2)
Fail to immediately submit a sample of dead birds
Serious
133
79.17(1)
(a) Fail to have a primary breeding flock tested
Serious
(b) Fail to report the results of required tests
Serious
134
79.17(2)
Fail to identify poultry
Serious
135
79.18
(a) Use hatchery to hatch game bird eggs that do not meet the prescribed requirements
Serious
(b) Have on premises game bird eggs that do not meet the prescribed requirements
Serious
136
79.19(1)(a)
Operate a hatchery without a health monitored hatchery permit
Serious
137
79.19(1)(b)
Fail to submit required fluff samples as prescribed
Minor
138
79.19(7)
Sell chicks or remove chicks from a hatchery without permission
Serious
139
79.19(8)
Fail to ensure that a chick or an unhatched embryo is killed in a humane manner
Serious
140
79.2
Fail to submit poultry for prescribed tests
Serious
141
80
Move a designated animal or thing without the permission of an inspector
Very serious
142
83(1)
Fail to isolate or muzzle a dog
Very serious
143
89(a)
Expose an imported bird to another bird
Serious
144
89(b)
Transport an import bird with another bird
Serious
145
90
Fail to comply with an order to segregate an animal or an order to have an animal inspected
Serious
145.1
91.2(1)
Fail to immediately notify the Minister of a disease as required
Serious
145.2
91.2(2)
Fail to include the required information with a notification
Minor
145.3
91.2(3)
Fail to notify the Minister immediately after the end of the calendar year of a disease as required
Serious
146
91.3(a)
Fail to keep a record for a period of two years
Serious
147
91.3(b)
Fail to provide an inspector with a record
Serious
148
91.3(c)
Fail to provide an inspector with the information contained in a record
Serious
149
91.4(2)(a)
Remove a disease agent, an animal or a thing quarantined from the place of quarantine without authorization
Very serious
150
91.4(2)(b)
Allow a disease agent, an animal or a thing quarantined to come into contact with an animal without authorization
Very serious
151
91.4(2)(c)
Destroy a disease agent, an animal or a thing quarantined without authorization
Very serious
152
91.4(2)(d)
Treat or test a disease agent, an animal or a thing quarantined without authorization
Very serious
153
91.4(3)
Fail to notify that a quarantined animal appears sick
Very serious
154
91.4(4)(a)
Move a disease agent or a thing that is quarantined without permission
Very serious
155
91.4(4)(b)
Alter the appearance of a disease agent or a thing quarantined without permission
Very serious
156
91.4(4)(c)
Remove a tag, sign or notice without permission
Serious
157
91.4(4)(d)
(a) Open a container without permission
Very serious
(b) Remove any wrapping or cover without permission
Serious
158
91.4(5)(a)
Transport or cause to be transported a disease agent or a thing quarantined without a licence
Very serious
159
91.4(5)(b)
Fail to provide the person in charge of the conveyance with a copy of the licence
Serious
160
91.4(5)(c)
Fail to transport a disease agent or a thing directly to the required location
Very serious
161
91.4(6)
Fail to comply with a notice
Very serious
162
92(1)(a)
Hold a sale, auction or market without the required facilities
Serious
163
93
Fail to keep in a sanitary condition a sale, auction or market
Minor
164
94
Fail to keep prescribed records or to make them available for inspection
Serious
165
95(a)
Fail to identify an animal
Minor
166
95(b)
Fail to have an animal examined and tested
Serious
167
95.1(1)
Sell a bovine without meeting the prescribed requirements
Serious
168
95.1(3)
Allow the sale, auction or market of a bovine where permission has been refused
Serious
169
95.1(4)(a)
Fail to identify each specimen collected from a bovine
Minor
170
95.1(4)(b)
Fail to keep a record as prescribed
Minor
171
95.1(4)(c)
Fail to deliver a specimen and a copy of the record
Minor
172
96
Offer for sale an animal that is not identified as prescribed
Minor
173
98
Fail to properly mark livestock that reacts positively to a test for a reportable disease
Very serious
174
100
Place or affix without authorization a tag or a mark on an animal
Serious
175
101
Remove or deface without authorization a tag placed on an animal
Very serious
176
103
Break, alter, tamper with or remove without authorization a seal or other device
Serious
177
104(1)(a)(i)
Fail to comply with an order to clean and disinfect a place or a building
Serious
178
104(1)(a)(ii)
Fail to comply with an order to clean and disinfect a conveyance
Serious
179
104(1)(b)
Fail to comply with an order to clean and disinfect footwear, clothing or other thing
Serious
180
104(2)
Fail to clean and disinfect a conveyance in which an animal that was required to be destroyed was transported
Serious
181
105(1)
(a) Fail to clean and disinfect a crate or container before livestock are loaded
Serious
(b) Fail to clean and disinfect a crate or container before poultry are loaded
Minor
182
105(3)
Fail to clean and disinfect a container before it is used again
Serious
183
106(1)
Fail to clean and disinfect an aircraft or vessel
Serious
184
106(3)
Fail to comply with an order to clean and disinfect a motor vehicle
Minor
185
106(5)
Bring into Canada a conveyance used to transport an animal that has not been cleaned and disinfected
Serious
186
106(6)
Fail to clean and disinfect a conveyance as prescribed
Minor
187
106(7)
Fail to comply with an order to clean and disinfect a premises
Minor
188
106(8)
Fail to affix notice as prescribed
Minor
189
108(a)
Fail to completely clean a place or thing
Serious
190
108(b)
Fail to disinfect a place or thing as prescribed
Minor
191
109(1)
Fail to comply with an order to clean and disinfect a place where a sale, auction or market is conducted
Minor
192
109(2)
Hold an auction, a sale or a market in a dirty place without consent
Minor
193
110
Fail to comply with a request to provide samples or provide a sample that does not meet the prescribed requirements
Minor
194
112(1)
(a) Feed or permit to be fed swine or poultry with edible residual material without a permit
Very serious
(b) Permit swine or poultry to have access to edible residual material without a permit
Very serious
195
[Repealed, SOR/2003-385, s. 2]
196
114
Fail to comply with an order to dispose of a carcass
Serious
197
117(1)
(a) Collect, store or distribute semen that is affected with a communicable disease
Very serious
(b) Collect, store or distribute semen that has been exposed to a communicable disease
Serious
198
117(2)
Fail to destroy semen as prescribed
Serious
199
118
Fail to comply with an order to destroy contaminated semen
Serious
200
119(1)
Fail to keep records as prescribed or to make it available to an inspector
Minor
201
119(2)
Fail to keep records as prescribed or to make them available to an inspector
Minor
202
119(3)
(a) Fail to maintain records in a form approved by the Minister
Minor
(b) Fail to maintain records for a minimum period of seven years
Minor
203
120.3(1)(b)
Release a veterinary biologic without the required permit
Very serious
204
120.6(1)
Fail to provide the Minister with new information
Very serious
205
121(1)
Import a veterinary biologic without a permit
Very serious
206
121(1.1)
Fail to ship a veterinary biologic directly to Canada
Serious
207
122(4)(a)
(a) Fail to keep records as prescribed or to make it available to a veterinary inspector
Serious
(b) Fail to retain records for at least two years
Serious
208
122(4)(b)
Fail to furnish the required samples
Serious
209
123
(a) Prepare or manufacture a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licence
Very serious
(b) Preserve, pack or test a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licence
Serious
(c) Label a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licence
Minor
210
124
Manufacture a veterinary biologic without a product licence
Very serious
211
128(1)
(a) Prepare, manufacture, store or test a veterinary biologic without meeting the prescribed requirements
Serious
(b) Preserve, pack or label a veterinary biologic without meeting the prescribed requirements
Minor
212
128(2)
Fail to inform the Minister
Serious
213
128(4)
Test a veterinary biologic in an unauthorized room or building
Minor
214
128(5)
Conduct a diagnostic examination or procedure in a place that does not meet the prescribed requirements
Serious
215
128(6)
Conduct research or experimentation in an unauthorized area
Serious
216
129(1)(a)
Fail to keep or make available to a veterinary inspector the prescribed records
Serious
217
129(1)(b)
Fail to furnish the Minister with the required samples
Serious
218
129(2)
Fail to keep records for at least two years
Serious
219
130
Sell a veterinary biologic or diluent that has not been prepared, manufactured, preserved, packed, labelled or tested in the manner described in the product outline
Very serious
220
130.1
Fail to store a veterinary biologic as prescribed
Serious
221
131
Fail to comply with an order
Very serious
222
132(1)
Import, sell, advertise or offer for sale a veterinary biologic that is not packed or labelled in accordance with the prescribed requirements
Serious
223
133(1)
Sell, advertise or offer for sale a veterinary biologic in a container without a label
Serious
224
133(3)
Import a veterinary biologic in an outer container or a shipping container without a label
Serious
225
134(1)
Import, sell, advertise or offer for sale a veterinary biologic whose label does not show the prescribed information
Serious
226
134(3)
Import, sell, advertise or offer for sale a veterinary biologic whose label does not meet the prescribed language requirements
Minor
227
134.1
Sell or offer for sale a veterinary biologic after its expiration date
Serious
228
134.2(1)
Sell or offer for sale a rabies vaccine to anyone other than a veterinarian
Serious
229
135(1)
Make a claim that is not supported by the product outline
Serious
230
135(2)
Misrepresent a veterinary biologic in an advertisement
Serious
231
135.1
Fail to report to the Minister a deficiency in safety, potency or efficacy of a veterinary biologic
Very serious
232
138(1)
Transport out of Canada a diseased animal
Serious
233
138(2)(a)
Load, transport or cause to be loaded or transported an animal that cannot be transported without suffering
Serious
234
138(2)(b)
Load, transport or cause to be loaded or transported an animal that has not been fed and watered
Serious
235
138(2)(c)
Load, transport or cause to be loaded or transported an animal that might give birth
Serious
236
138(4)
Continue to transport an animal that is unfit for transport
Serious
237
139(1)
Beat an animal being loaded or unloaded
Very serious
238
139(2)
Load, unload or cause to be loaded or unloaded an animal in a way likely to cause suffering
Serious
239
139(3)
(a) Fail to maintain and use an apparatus as not to cause suffering to animals when loading or unloading them
Minor
(b) Use an apparatus greater than 45 degrees to load or unload animals
Minor
240
139(4)
Use a ramp or gangway with sides of insufficient strength or height
Minor
241
139(5)
Use a ramp so that there is an unprotected gap
Minor
242
139(6)(a)
Use a loading gate or chute that is not fitted with safe and secure footholds
Minor
243
139(6)(b)
Use a loading gate or chute that is unsuitable for loading or unloading livestock
Minor
244
140(1)
Overload a conveyance or cause a conveyance to be overloaded
Serious
245
140(2)
Transport or cause to be transported animals in an overcrowded conveyance
Serious
246
141(1)
Load a conveyance or transport animals without segregating them as prescribed
Serious
247
142(a)
Transport or cause to be transported animals that cannot stand in their natural position
Minor
248
142(b)
Transport or cause to be transported animals without adequate drainage or absorption of urine
Minor
249
143(1)(a)
Transport or cause to be transported an animal in a conveyance that is constructed inadequately
Serious
250
143(1)(b)
Transport or cause to be transported an animal where insecure fittings or projections could cause injury
Serious
251
143(1)(c)
Transport or cause to be transported an animal where inadequately padded, fenced off or obstructed fittings could cause injury
Serious
252
143(1)(d)
Transport or cause to be transported an animal with undue exposure to weather
Serious
253
143(1)(e)
Transport or cause to be transported an animal with inadequate ventilation
Serious
254
143(2)(a)
Transport or cause to be transported livestock in a conveyance without sand or secure footholds
Minor
255
143(2)(b)
Transport or cause to be transported livestock without bedding
Minor
256
143(4)
Fail to have facilities on board a vessel to protect an equine from sea-sickness
Very serious
257
144(1)
Transport, load or cause to be transported or loaded an animal in a container that does not meet the prescribed requirements
Serious
258
144(2)
Transport, load or cause to be transported or loaded an animal in a container not equipped with the required sign
Minor
259
144(3)
Fail to properly secure a container
Serious
260
145
Fail to maintain or have access to required facilities
Minor
261
146
Fail to provide adequate ventilation, in the case of an aircraft
Very serious
262
147
Fail to provide adequate ventilation, in the case of a vessel
Very serious
263
148(1)(a)
Confine a monogastric animal in a conveyance for longer than 36 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations
Serious
264
148(1)(b)
Confine a ruminant in a conveyance for longer than 48 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations
Serious
265
148(3)
Confine chicks without food or water for longer than 72 hours
Serious
266
148(4)
(a) Re-load livestock without the required rest period of five hours
Serious
(b) Fail to provide livestock with sufficient water and food while resting or fail to add bedding to a conveyance before re-loading livestock
Serious
267
148(5)
Unload livestock into a pen that does not meet the prescribed requirements
Serious
268
148(6)(a)
Fail to provide sufficient food or water for the duration of the voyage
Serious
269
148(6)(b)
Fail to provide additional food or water
Serious
270
148(6)(c)
Fail to store food or water as prescribed
Serious
271
148(6)(d)
Fail to provide sufficient water pipes or taps
Serious
272
149
Fail to provide suitable food or water to calves
Serious
273
150
Fail to report an injured animal
Serious
274
151(1)
Fail to record as prescribed
Minor
275
151(2)
(a) Fail to have copy of records
Minor
(b) Fail to produce copy of records
Serious
276
151(3)(a)
Fail to keep records for a period of two years
Minor
277
151(3)(b)
Fail to provide records to an inspector
Minor
278
151(3)(c)
Fail to provide information
Minor
279
152(1)
(a) Fail to have the required ship’s crew on a vessel
Serious
(b) Fail to have a veterinarian on a vessel
Serious
280
152(2)
Fail to have a veterinary inspector on a vessel or an aircraft
Serious
281
152(3)
Fail to notify a veterinary inspector of the time of departure of the vessel or of the names of the required crew
Serious
282
152(4)
Fail to report to a veterinary inspector
Serious
283
153(1)(a)
Transport or cause to be transported animals aboard a vessel on more than three decks without an additional deck specially fitted
Serious
284
153(1)(b)
Transport or cause to be transported animals aboard a vessel on a deck exposed to the weather
Serious
285
153(1)(c)
Transport or cause to be transported animals aboard a vessel on a structure not suited for their transport
Serious
286
153(1)(d)
Transport or cause to be transported animals in a part of the vessel where their presence would interfere with management, ventilation, operation or safety of the vessel
Serious
287
153(1)(e)
Transport or cause to be transported animals aboard a vessel on a hatch above other animals
Serious
288
153(1)(f)
Transport or cause to be transported animals aboard a vessel on a hatch where there is no other access to the space below
Serious
289
153(2)(a)
Load freight or feed for animals on a hatch above animals
Minor
290
153(2)(b)
Fail to keep the required space free and clear
Minor
291
153(2)(c)
Fail to provide adequate passageways
Minor
292
154(a)
Fail to tie a bovine as prescribed
Minor
293
154(b)
Fail to tie an equine as prescribed
Minor
294
154(c)
Fail to transport sheep, goats or swine in pens or enclosed containers
Minor
295
155
Fail to comply with an order
Serious
296
156
Fail to provide adequate lighting
Serious
297
157
Transport or cause to be transported animals near the engine or boiler room where casings are not adequately isolated
Serious
298
158(1)(a)
Fail to provide a suitable humane killing device in good working order
Serious
299
158(1)(b)
Fail to provide an adequate quantity of ammunition
Serious
300
158(2)
(a) Fail to destroy an injured animal by means of the prescribed killing device
Serious
(b) Keep alive a suffering animal
Serious
301
159
Fail to provide a sufficient quantity of veterinary drugs
Serious
302
160.1
Fail to comply with the conditions contained in a permit or licence
Serious
303
161(4)
Sell or transfer a licence to another person
Serious
303.001
164
Feed prohibited material to a ruminant
Very serious
303.002
165(1)
(a) Operate a rendering plant without a permit
Very serious
(b) Fail to comply with the conditions of a permit
Very serious
303.003
165(2)
Fail to keep the prescribed records
Very serious
303.004
165(3)
Distribute or sell a product of a rendering plant that contains prohibited material without the prescribed documentation or label
Very serious
303.005
166(1)
(a) Import a product of a rendering plant without a permit
Very serious
(b) Fail to comply with the conditions of a permit
Very serious
303.006
166(2)
Fail to keep the required records
Very serious
303.007
167
Sell or distribute a product of a rendering plant without prescribed documentation or labelling
Very serious
303.008
168
Import, manufacture, package, label, store, distribute, sell or advertise for sale animal food for ruminants that contains prohibited material
Very serious
303.009
169
Import, manufacture, package, store, distribute, sell or advertise for sale animal food that contains prohibited material without prescribed documentation or labelling
Very serious
303.01
170(1)
Fail to have procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material
Very serious
303.011
170(2)(a)
Fail to follow procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material
Very serious
303.012
170(2)(b)
Fail to keep the required records
Very serious
303.013
170(3)
(a) Fail to change records as required
Very serious
(b) Fail to change labels as required
Very serious
303.014
171(1)
Fail to keep the prescribed records
Very serious
303.015
171(2)
Fail to keep the prescribed records
Very serious
303.016
174.1
Sell or distribute approved tags without reporting the required information to the administrator within the prescribed time
Serious
303.1
175(1.1)
Apply or cause the application of an approved tag to an animal or to the carcass of an animal of a species other than the species for which the tag was issued
Minor
303.11
175(1.2)
Fail to ensure that the application of an approved tag is in the prescribed manner
Minor
303.2
175.1(1)
Fail to keep the required record
Serious
303.3
175.1(3)
Fail to keep the required record
Serious
303.4
175.1(4)
Fail to keep the required record for the prescribed period
Serious
304
176
Move or cause the movement of an animal or the carcass of an animal not bearing an approved tag from its farm of origin or from a farm or ranch other than its farm of origin
Minor
305
177(1)
Transport or cause the transportation of an animal or the carcass of an animal not bearing an approved tag
Minor
306
177(2)
Receive or cause the reception of an animal or the carcass of an animal not bearing an approved tag
Minor
307
[Repealed, SOR/2008-183, s. 4]
308
178(1)
Apply or cause the application of an approved tag to an animal or animal’s carcass that is not at the site for which the tag was issued
Serious
309
179
Illegally remove or cause the removal of an approved tag from an animal or animal’s carcass
Serious
310
180
Transfer or cause the transfer of an approved tag to another animal or animal’s carcass
Serious
311
181
Alter an approved tag or make its identification number unreadable
Serious
312
182
Make, sell or provide fraudulent tags
Very serious
312.1
183(2)
Failure of a person who manages a tagging site to tag all bisons and bovines brought to the site that do not already bear an approved tag
Minor
313
184(1)
Fail to apply a new approved tag to an animal that has lost its approved tag or that does not bear an approved tag
Minor
313.1
184(4)
Fail to report the prescribed information to the administrator in the prescribed time
Minor
314
185(1)
Fail to keep a record for an animal or animal’s carcass with a new approved tag
Minor
314.1
185(3)
Fail to report the number of the new approved tag and the previously applied approved tag to the administrator in the prescribed time
Minor
314.2
185(4)
Fail to report the prescribed information to the administrator in the prescribed time
Minor
315
186(1)(b)
Failure to report the death of an animal and the number of the approved tag to the administrator within the prescribed time
Minor
316
186(2)
Failure to maintain the ability to identify the animal’s carcass during the prescribed time
Minor
317
186(3)
Fail to keep a record of the death and the approved tag number of an animal that is slaughtered or otherwise dies at a farm, ranch or auction barn
Minor
317.1
186(4)
Fail to report the prescribed information to the administrator in the prescribed time
Minor
318
187(1)(b)
Failure by the person disposing of an animal’s carcass bearing an approved tag to report to the administrator within the prescribed time the number of the approved tag
Minor
319
187(2)
Failure by the person disposing of an animal’s carcass not bearing an approved tag anywhere but on the farm or ranch where the animal died to collect enough information on the origin of the animal or carcass, and to report the information to the administrator within the prescribed time
Minor
319.1
187(3)
Fail to report the prescribed information to the administrator in the prescribed time
Minor
320
188
Fail to report the number of an exported animal’s approved tag to the administrator in the prescribed time
Minor
321
189(1)(a)
Fail to apply or cause the application of an approved tag to an imported animal in the prescribed time
Minor
322
189(1)(b) and 189(2)
Fail to report information on an imported animal to the administrator in the prescribed time
Minor
DIVISION 3Import Reference Document, Part III
Column 1
Column 2
Column 3
Item
Provision of Part III of the import reference document
Short-form Description
Classification
1
1(2)
(a) Import a domestic cat without the required certificate
Minor
(b) Import a domestic cat with an incomplete certificate
Minor
2
2(1)(a)
(a) Import a dog without the required certificate
Minor
(b) Import a dog with an incomplete certificate
Minor
3
2(1)(c)
(a) Import a dog without a rabies vaccination certificate
Minor
(b) Import a dog with an incomplete rabies vaccination certificate
Minor
4
2(1)(d)
Fail to comply with an order
Serious
5
2(2)(a)
(a) Import a dog without a rabies vaccination certificate
Minor
(b) Import a dog with an incomplete rabies vaccination certificate
Minor
6
2(2)(b)
Fail to comply with an order
Serious
7
2(2)(c)
Fail to comply with requirement to remove animal from Canada
Serious
8
2(3)(a)
(a) Import a dog without a rabies vaccination certificate
Minor
(b) Import a dog with an imcomplete rabies vaccination certificate
Minor
9
2(3)(b)
(a) Import a dog without the required certificates
Minor
(b) Import a dog with an incomplete certificate
Minor
10
2(3)(c)
Import a dog without the required proof
Minor
11
3
(a) Import an animal without the required certificate
Very serious
(b) Import an animal with an incomplete certificate
Very serious
(c) Import an animal that does not meet the conditions shown on the certificate
Serious
12
4
(a) Import an animal without the required certificate
Very serious
(b) Import an animal with an incomplete certificate
Very serious
13
5(1)
(a) Import an equine, antelope or member of the family cervidae for immediate slaughter without the required certificate
Very serious
(b) Import an equine, antelope or member of the family cervidae for immediate slaughter with an incomplete certificate
Very serious
14
5(2)
Move a bovine, equine, sheep, goat, antelope or member of the family cervidae imported for immediate slaughter from the place of entry without a licence
Serious
15
5(3)(a)
(a) Import poultry for immediate slaughter without the required certificate
Very serious
(b) Import poultry for immediate slaughter with an incomplete certificate
Very serious
16
5(4)
Move poultry imported for immediate slaughter from the place of entry without a licence
Serious
17
5(5)
Transport a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter without a copy of the licence
Minor
18
5(6)
Transport a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter to a place other than the establishment designated in the licence
Serious
19
5(7)
Fail to slaughter a bovine, equine, sheep, goat, antelope, poultry or member of the family cervidae imported for immediate slaughter within four days of the arrival of the animal at an establishment
Serious
20
5(8)
Fail to slaughter poultry imported for immediate slaughter within four days after their arrival at an establishment
Serious
21
5(9)
Remove a live animal from an establishment mentioned in the licence without authorization of an inspector
Serious
22
6(1)
Import a ferret without a rabies vaccination certificate
Minor
23
7(2)
Fail to quarantine swine for at least 30 days from the date of its arrival into Canada
Very serious
24
9(2)
Import a chick from the United States that is not in a new, cleaned container or a cleaned and disinfected used container
Minor
25
10(a)
Import a pigeon without identification
Minor
26
10(b)
Import a pigeon without proper vaccination
Minor
27
11(1)
Import an ostrich that does not meet the requirements
Serious
28
12(1)
(a) Import hatching eggs without a certificate
Minor
(b) Import hatching eggs with an incomplete certificate
Minor
29
12(2)(a)
Import hatching eggs that are not in a new, clean container or a cleaned and disinfected used container
Minor
30
12(2)(b)
Import hatching eggs with shells not free from foreign matter
Minor
31
12(2)(c)
Import hatching eggs without the identity of the flock of origin on the container
Minor
32
13(1)
(a) Import from the United States a pet songbird or a pet bird of the parrot family unaccompanied by the importer
Serious
(b) Fail to make the required declaration
Serious
(c) Import a bird of the parrot family or pet songbirds from the United States without meeting the requirements
Serious
33
14.2(2)
Import cattle, sheep or goats without the required tattoo or eartag
Minor
34
14.2(6)(a)
Fail to remove cattle, sheep or goats from Canada within 21 days after they have been imported
Serious
35
14.2(6)(b)
Fail to present cattle, sheep or goats for verification of their removal from Canada
Minor
36
14.4(1)
Fail to meet identification requirements
Minor
37
14.5(5)
Move imported feeder cattle, sheep or goats to a rodeo or show
Minor
38
15(7)
Fail to transport a bovine in accordance with the transportation requirements
Minor
39
15(8)
Import a bovine from a sale or show without complying with the importation requirements
Minor
40
15(9)
Import a bovine that does not comply with the residence requirements
Very serious
41
15(10)
Fail to quarantine bison for at least 60 days after the date it was imported into Canada
Very serious
42
16(4)
Import feeder cattle of a group from which one or more proved positive to the required test
Very serious
43
16(5)
Move feeder cattle to a rodeo or show
Serious
44
17(3)
Fail to quarantine a feeder calf until the day it is slaughtered
Very serious
45
17(4)(a)
Import a feeder calf without approval of place of quarantine
Minor
46
17(4)(b)
(a) Import a feeder calf without the required certificate
Minor
(b) Import a feeder calf with an incomplete certificate
Minor
47
17(4)(c)
Import a feeder calf more than eight hours after its inspection
Minor
48
17(5)
Remove or cause to be removed a feeder calf from the place of entry without a licence
Minor
49
17(6)
Transport or cause to be transported a feeder calf without a copy of the licence
Minor
50
17(7)(a)
Transport or cause to be transported a feeder calf other than to the approved place of quarantine
Minor
51
17(7)(b)
Transport or cause to be transported a feeder calf other than in the manner and within the time specified in the licence
Minor
52
17(8)(a)
Slaughter a feeder calf at an establishment other than the establishments specified
Minor
53
17(8)(b)
Failed to export a feeder calf within 30 weeks after importing it into Canada
Minor
54
17(9)
Fail to comply with the requirements for disposal of the carcass of a feeder calf
Minor
55
17(10)(a)
Fail to have a post mortem examination performed on the carcass of a feeder calf by a veterinarian
Minor
56
17(10)(b)
Fail to comply with the requirements for disposal of the carcass of a feeder calf
Minor
DIVISION 4Import Reference Document, Part 4
Column 1
Column 2
Column 3
Item
Provision of Part 4 of the import reference document
Short-form Description
Classification
1
1
Import from the United States semen from a regulated animal without proof of origin
Serious
2
2
Import from the United States embryos from a regulated animal without proof of origin
Serious
PART 2 Plant Protection Act and Regulations Under the Plant Protection Act
DIVISION 1Plant Protection Act(S.C. 1990, c. 22)
Column 1
Column 2
Column 3
Item
Provision of Plant Protection Act
Short-form Description
Classification
1
5
(a) Fail to notify the Minister of a suspected pest
Serious
(b) Fail to provide a specimen of the pest
Serious
2
6(1)
Move, grow, raise, culture or produce a thing without permission
Very serious
3
7(1)
Fail to present a thing for inspection
Very serious
4
9(1)
Possess or dispose of a thing that was unlawfully imported
Very serious
5
13(1)
Fail to comply with a prohibition or restriction imposed under an inspector’s declaration
Very serious
6
15(3)(d)
Fail to comply with a prohibition or restriction imposed under an order imposed by the Minister
Very serious
7
23(1)
(a) Hinder an inspector
Very serious
(b) Make a false or misleading statement to an inspector
Serious
8
23(2)
(a) Fail to provide reasonable assistance to an inspector
Serious
(b) Fail to furnish an inspector with information
Serious
9
31
Move, alter or interfere with a seized thing
Very serious
10
49
Fail to comply with a notice
Very serious
DIVISION 2Potato Production and Sale (Central Caanich) Restriction Regulations(SOR/82-186)
Column 1
Column 2
Column 3
Item
Provision of Potato Production and Sale (Central Saanich) Restriction Regulations
Short-form Description
Classification
1
3(1)(a)
Seed, plant, grow, produce or harvest potatoes within a prescribed prohibited area
Very serious
2
3(1)(b)
Sell or dispose of potatoes seeded, planted, grown, produced or harvested within a prescribed prohibited area
Very serious
DIVISION 3Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations(SOR/82-448)
Column 1
Column 2
Column 3
Item
Provision of Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations
Short-form Description
Classification
1
2
Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited area
Very serious
DIVISION 4Plant Protection Regulations(SOR/95-212)
Column 1
Column 2
Column 3
Item
Provision of Plant Protection Act
Short-form Description
Classification
1
5(4)
Fail to comply with the conditions of an authorization
Very serious
2
6(3)
Possess, hold or control a seal without authorization
Serious
3
7(1)
Remove, break, alter or tamper with a seal without authorization
Very serious
4
7(3)
Fail to ensure that a seal is not removed, broken, altered or tampered with
Very serious
5
8
Misuse documents
Serious
6
9(1)
(a) Possess, hold or control a false or improperly obtained document
Serious
(b) Use a false or improperly obtained document
Very serious
7
9(2)
(a) Possess, hold or control a false document
Serious
(b) Use a false document
Very serious
8
13(1)(a)
Alter or deface a notice of quarantine or a quarantine tag or erase information thereon
Very serious
9
13(1)(b)
Remove a quarantine tag
Very serious
10
14(1)
Contravene quarantine conditions
Very serious
11
17(4)(a)
Fail to treat or process a thing in accordance with a notice
Very serious
12
17(4)(b)
Fail to ensure that a pest or biological obstacle is eradicated or to prevent the spread of a pest or a biological obstacle
Very serious
13
19
Fail to comply forthwith with a removal requirement
Very serious
14
20(4)
Fail to comply with a prohibition or restriction placed on the use of a place
Very serious
15
21(4)
Fail to comply with a prohibition or restriction of an activity
Very serious
16
22(a)
(a) Enter or move within an infested place without authorization
Minor
(b) Leave an infested place without authorization
Very serious
17
22(b)
Move a thing without authorization
Very serious
18
25(1)(a)
Alter or deface a notice of detention or a detention tag or erase information thereon
Very serious
19
25(1)(b)
Remove a detention tag without authorization
Very serious
20
25(1)(c)
Undertake an activity in respect of a detained thing without authorization
Very serious
21
27(5)
Undertake an unapproved activity in respect of a thing that is required to be disposed of
Serious
22
29(1)
Import a thing without a permit number or without a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export
Serious
23
34(1)
Fail to comply with the import permit conditions
Very serious
24
36(a)
Fail to furnish records where required by permit
Serious
25
36(b)
Fail to retain records where required by permit
Serious
26
38(a)
Fail to treat or process a thing at origin as prescribed
Serious
27
38(b)
Fail to treat or process a thing in a specified or required manner and place
Serious
28
39
Fail to declare as prescribed
Serious
29
40(4)(a)
Move an imported thing to an unauthorized place
Serious
30
40(4)(b)
Open a conveyance or unpack a package without authorization
Serious
31
41(3)
(a) Remove a tag or label without authorization
Very serious
(b) Deface or alter a tag or label
Very serious
32
42(2)
Import a prohibited thing
Very serious
33
43(3)(a)
Fail to ensure non-spread of a pest or biological obstacle
Very serious
34
43(3)(b)
Fail to destroy or ensure non-viability of a pest or a biological obstacle
Very serious
35
43(4)(a)
(a) Import a thing without complying with the prescribed residency requirements in order to obtain a permit
Serious
(b) Import a thing without complying with the permit application information requirements
Serious
(c) Import a thing without complying with the permit conditions
Very serious
(d) Import a thing without keeping or retaining records as prescribed
Serious
(e) Import a thing without declaring as prescribed
Serious
(f) Import a thing without presenting it for inspection and admittance at designated places of entry as prescribed
Serious
36
45(2)(a)
Fail to obtain a Movement Certificate
Very serious
37
45(2)(b)
Fail to comply with the conditions of a Movement Certificate
Very serious
38
45(3)
Fail to comply with the conditions of a Movement Certificate prior to movement
Very serious
39
46(1)
Alter or deface a Movement Certificate or erase information or statement thereon
Very serious
40
46(3)
Substitute a thing for the thing for which a Movement Certificate was issued
Very serious
41
50(1)
Move a thing named in Schedule I to the Plant Protection Regulations
Very serious
42
50(2)
Move a pest named in Schedule I to the Plant Protection Regulations
Very serious
43
50(3)
Move a pest named in Schedule II to the Plant Protection Regulations within or outside an area specified in that Schedule
Very serious
44
51
Move a thing without meeting the requirements prescribed in Schedule II to the Plant Protection Regulations
Very serious
45
53(1)
Undertake an activity in contravention of a Ministerial Order or Declaration of Infested Place Notice
Very serious
46
54(4)(a)
(a) Move a prohibited thing contrary to the conditions of a Movement Certificate
Very serious
(b) Move a prohibited thing that is not identified, packed or contained as prescribed
Serious
47
54(4)(c)
Move a thing to a place other than as specified in the Movement Certificate
Very serious
48
54(4)(d)
Fail to deal with a thing as specified in the Movement Certificate
Very serious
49
55(2)
Fail to obtain an export document as prescribed
Serious
50
55(4)
Possess, hold or control a Canadian Phytosanitary Certificate Seal or facsimile thereof without authorization
Very serious
51
55(5)
Alter or deface a Canadian Phytosanitary Certificate or a Canadian Phytosanitary Certificate for Re-export or erase information or statement thereon
Very serious
52
55(7)
Substitute a thing for the thing for which a certificate or other document was issued
Very serious
53
56(1)
Fail to obtain an Export Permit as prescribed
Very serious
54
57
Fail to meet the phytosanitary requirements of the importing country
Very serious
55
58(2)
Load or complete the loading without approval as prescribed
Very serious
PART 3 Meat Inspection Act and Meat Inspection Regulations, 1990
DIVISION 1Meat Inspection Act(R.S., c. 25 (1st Supp.))
Item
Column 1
Column 2
Column 3
Provision of Meat Inspection Act
Short-form Description
Classification
1
3(2)
Operate a registered establishment without a licence
Very serious
2
5(a)
Apply or use a meat inspection legend without authorization
Very serious
3
5(b)
Advertise, sell or possess for such a purpose a thing bearing, or in connection with which it is used, the meat inspection legend without authorization
Very serious
4
6(a)
Apply or use any legend, word, mark, symbol or design likely to be mistaken for the meat inspection legend
Very serious
5
6(b)
Advertise, sell or possess for such a purpose a thing bearing, or in connection with which it is used, any legend, word, mark, symbol or design likely to be mistaken for the meat inspection legend
Serious
6
7
Export a meat product without meeting requirements
Serious
7
8
Send or convey a meat product interprovincially without meeting requirements
Serious
8
9(1)
Import a meat product without meeting requirements
Serious
9
9(2)
Fail to deliver an imported meat product for inspection
Very serious
10
9(3)(a)
Possess an imported meat product that has been unlawfully imported
Very serious
11
9(3)(b)
Possess an imported meat product that has not been delivered to a registered establishment for inspection
Very serious
12
10(1)(a)
Advertise, sell or possess for such a purpose a meat product that has been unlawfully imported
Very serious
13
10(1)(b)
Advertise, sell or possess an imported meat product that has not been delivered to a registered establishment for inspection
Serious
14
10(2)(a)
Advertise, sell or possess for such a purpose a meat product that has been conveyed interprovincially without meeting the prescribed standards or without being packaged and labelled as prescribed
Serious
15
10(2)(b)
Advertise, sell or possess for such a purpose a meat product bearing, or in connection with which it is used, the meat inspection legend without meeting the prescribed standards or without being packaged and labelled as prescribed
Serious
16
13(2)
Fail to give all reasonable assistance or to furnish information to the inspector
Serious
17
14(1)
Obstruct or hinder inspector or make a false or misleading statement to inspector
Very serious
18
14(2)
Remove, alter or interfere with an item seized or detained by an inspector without authority
Very serious
DIVISION 2Meat Inspection Regulations, 1990(SOR/90-288)
Item
Column 1
Column 2
Column 3
Provision of Meat Inspection Regulations, 1990
Short-form Description
Classification
1
2.1
Fail to submit a document in writing in the prescribed manner
Minor
2
4
Identify as edible a meat product that does not comply with prescribed requirements
Very serious
3
22.1
Fail to prepare meat products in accordance with prescribed process control requirements
Serious
4
26(1)
Identify for use as animal food a meat product that does not comply with prescribed requirements
Serious
5
29(11)
Transfer a licence to another person
Minor
6
29(12)
Fail to keep and retain records of specific activities or procedures
Serious
7
30.1(1)
Fail to develop, implement and maintain control programs and procedures as prescribed
Very serious
8
30.1(2)
Fail to keep records relevant to the prescribed control programs and procedures
Very serious
9
30.2
Fail to operate a shared inspection program or a post-mortem examination program as prescribed
Serious
10
31
Fail to make available to an inspector any food animal, meat product or thing used in connection with a food animal or meat product
Very serious
11
34(1)
Fail to possess and maintain equipment and material necessary to operate the establishment
Very serious
12
34(2)
Fail to develop, implement or maintain a written sanitation program
Serious
13
34(2.2)
Fail to keep records of monitoring and verification activities and corrective or preventative actions
Serious
14
34(10)
Fail to develop, implement or maintain pest control program as prescribed
Serious
15
43.1
Prepare a food that is a mixture of a fish product and a meat product in a registered establishment
Serious
16
56(1)(a)
Fail to clean and sanitize hands as prescribed
Serious
17
56(1)(b)
Fail to keep clothing sanitary as prescribed
Serious
18
56(2)
Fail to adhere to hygienic practices
Serious
19
56(3)
Fail to wear clothing and footwear that are sound, clean and in a sanitary condition
Serious
20
56(4)
Fail to wear a hair covering or a beard and moustache covering
Minor
21
56(5)
Spit, chew gum, smoke or consume tobacco products or consume food
Serious
22
56(6)
Wear an object or use a substance that may fall into or contaminate a meat product or ingredient
Serious
23
57(1)
Fail to ensure that person with medical condition does not work in an area where there is a risk of contamination
Very serious
24
57(2)
Fail to report symptoms of condition that could be transmitted through a meat product
Very serious
25
57.1(1)
Fail to ensure that personnel are trained or qualified to perform their duties
Serious
26
57.1(2)
Fail to develop, carry out and keep up-to-date a written training program as prescribed
Minor
27
57.1(4)
Fail to keep records of the training of personnel as prescribed
Minor
28
57.2
Fail to carry out control programs as prescribed
Serious
29
58(1)
Fail to ensure that low-acid meat product is thermally processed until commercial sterility is achieved
Very serious
30
59(a)
Fail to keep a written description of scheduled process and recipe of processed low-acid meat product
Very serious
31
59(b)
Fail to keep a written description of scheduled process and recipe of processed low-acid meat product for at least three years
Very serious
32
59(c)
Fail to keep in an establishment a written description of operation and maintenance procedures for units of thermal processing equipment as prescribed
Very serious
33
59(d)
Fail to keep in an establishment a written description of a low-acid meat product recall procedure
Very serious
34
59(e)
Fail to produce on inspector’s request a written statement regarding scheduled process
Very serious
35
59(f)
Fail to retain records containing the prescribed minimum information for product history for at least three years
Minor
36
59(g)
Fail to notify an inspector when a low-acid meat product is to be recalled
Very serious
37
60
Fail to ensure that a low-acid meat product packaged in a hermetically sealed container is processed as prescribed
Very serious
38
60.1(1)
Fail to investigate or notify an inspector when a meat product might constitute a risk to public health or might not meet requirements of Regulations
Very serious
39
60.1(2)
Fail to immediately notify the President when investigation indicates a meat product constitutes a risk to the public health
Very serious
40
60.2(1)
Fail to develop, implement or maintain written procedures for the recall as prescribed
Serious
41
60.2(2)
Fail to develop and maintain product distribution records
Serious
42
60.2(3)
Fail to review product recall procedures or to conduct a product recall simulation at least once a year
Minor
43
60.2(4)
Fail to make available to the inspector the product recall procedures, the product recall simulation results and the product distribution records for the prescribed minimum period
Very serious
44
60.3
Fail to prepare the written procedures as prescribed or to maintain prescribed records for receiving, insvestigating and responding to complaints
Minor
45
67(1)
Fail to perform ante-mortem examination of a bird under supervision of official veterinarian, as prescribed
Serious
46
67(4)
Fail to present a bird at the request of an inspector for ante-mortem inspection
Very serious
47
67(5)
Fail to wait for an inspector’s requested ante-mortem inspection and authorization before slaughtering a bird
Very serious
48
67(8)
Fail to comply with instructions from an official veterinarian
Very serious
49
68
Fail to comply with instructions from an official veterinarian that a food animal must be condemned or held and segregated
Very serious
50
73
Fail to ensure that every food animal designated as held is segregated and identified as being held or any carcass derived from it is identified as being held
Serious
51
80(a)
Use of equipment or instrument for restraining, slaughtering or rendering unconscious any food animal by a person who is not competent to do so without sujecting the animal to avoidable distress or avoidable pain
Serious
52
80(b)
Use of equipment or instrument on any food animal in condition, manner or circumstances that might subject the animal to avoidable distress or avoidable pain
Serious
53
82
Fail to ensure that the blood and parts of a food animal carcass are identified as prescribed
Serious
54
83(1)
Fail to ensure that the carcass of a food animal and all the blood harvested for processing as edible meat product are presented for examination or inspection
Very serious
55
83(4)
Fail to comply with instructions from an official veterinarian
Very serious
56
85(1)
Fail to ensure that the carcass of, parts of the carcass of, or blood harvested from a food animal identified as condemned is handled as prescribed
Serious
57
86(1)
Fail to ensure that a condemned part of the carcass of a food animal is removed from the carcass and handled as prescribed
Serious
58
88(b)
Without an inspector’s consent, treat as condemned a meat product identified as being held
Serious
59
89
Fail to ensure that meat product is packaged and labelled as prescribed
Serious
60
121
Identify as edible a meat product intended for export that does not meet the requirements of the importing country and is not packaged and labelled as prescribed
Very serious
61
122(1)
Fail to package and label a meat product intended for export in accordance with the requirements of the importing country or as prescribed
Serious
62
122(2)
Fail to ensure that a meat product produced for export, that does not meet the requirements for an edible meat product in Canada, is packaged and labelled as prescribed and is labelled as being for export
Minor
63
122.2
Fail to follow the prescribed procedure for the return to Canada of a meat product that was exported from Canada
Serious
64
124
Fail to present a meat product to an inspector for verification at the time and place of its removal
Serious
65
130(1)
Remove or alter an official seal or tag without authorization
Very serious
66
131(1)
Fail to provide the inspector with requested samples
Very serious
SOR/2002-183, s. 1;
SOR/2003-256, ss. 2 to 4;
SOR/2003-385, ss. 1, 2;
SOR/2004-40, s. 1;
SOR/2005-190, ss. 2 to 4;
SOR/2008-183, ss. 1(F), 2 to 8;
SOR/2014-173, s. 1.
Previous Version
SCHEDULE 2(Subsection 5(3))Penalty Adjustments
Column 1
Column 2
Item
Total Gravity Value
Penalty Adjustment
1
1
Reduce penalty 50%
2
2
Reduce penalty 40%
3
3
Reduce penalty 30%
4
4
Reduce penalty 20%
5
5
Reduce penalty 10%
6
6-10
Do not adjust penalty
7
11
Increase penalty 10%
8
12
Increase penalty 20%
9
13
Increase penalty 30%
10
14
Increase penalty 40%
11
15
Increase penalty 50%
SCHEDULE 3(Section 6)Total Gravity Value
PART 1
History
Column 1
Column 2
Item
Gravity Value
History
1
0
No previous violation or offence has been committed under the Act or regulation under which the particular penalty is being assessed in the five years preceding the day on which the violation subject to the assessment is committed.
2
3
One previous minor or serious violation has been committed under the Act or regulation under which the particular penalty is being assessed in the five years preceding the day on which the violation subject to the assessment is committed.
3
5
The history in the five years preceding the day on which the violation subject to the assessment is committed is other than the history set out in item 1 or 2.
PART 2
Intent or Negligence
Column 1
Column 2
Item
Gravity Value
Intent or Negligence
1
0
The violation subject to the assessment is committed without intent or negligence.
2
0
The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its re-occurrence.
3
3
The violation subject to the assessment is committed through a negligent act.
4
5
The violation subject to the assessment is committed through an intentional act.
PART 3
Harm
Column 1
Column 2
Item
Gravity Value
Harm
1
1
The violation subject to the assessment causes or could cause minor harm to
(a) human, animal or plant health or the environment; or
(b) any person as a result of false, misleading or deceptive practices.
2
3
The violation subject to the assessment could cause
(a) serious or widespread harm to human, animal or plant health or the environment;
(b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or
(c) serious monetary losses to any person.
3
5
The violation subject to the assessment causes
(a) serious or widespread harm to human, animal or plant health or the environment;
(b) serious or widespread harm to any person as a result of false, misleading or deceptive practices; or
(c) serious monetary losses to any person.
SOR/2010-215, s. 2;
SOR/2012-64, s. 1;
SOR/2014-173, s. 2.
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