Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

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Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

SOR/2001-132AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2001-04-04
Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and RegulationsThe Minister of Health, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a and the Order Transferring from the Minister of Agriculture and Agri-Food to the Minister of Health the powers, duties and functions under the Agriculture and Agri-Food Administrative Monetary Penalties Act in relation to the Pest Control Products ActFootnote b, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations.

Return to footnote aS.C. 1995, c. 40
Return to footnote bSI/2000-94

March 29, 2001
Allan Rock
Minister of HealthInterpretation

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)

Violations

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.

SOR/2010-191, s. 2.
Previous Version

Short-form Descriptions

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.

Classification

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.

Penalties

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.

SOR/2010-191, s. 3(E).
Previous Version

6 The total gravity value in respect of each serious violation 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 Part 1 of Schedule 3,
(ii) the degree of intent or negligence on the part of the person who committed the violation as described in column 2 of Part 2 of Schedule 3, and
(iii) the harm that was or could be done by the violation as described in column 2 of Part 3 of Schedule 3;

(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i) to (iii), the applicable gravity value that is set out in column 1 of Parts 1 to 3 of Schedule 3; and
(c) adding the gravity values obtained under paragraph (b).

SOR/2010-191, s. 4(F).
Previous Version

Compliance Agreements

7 (1) Subject to subsection (2), if the Minister enters into a compliance agreement under subsection 10(1) of the Act 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 under subsection 10(4) of the Act shall be paid within 15 days after service of the notice in a manner prescribed in subsection 10(3) of these Regulations.

Service of Documents

8 (1) Service of a document originating from the Minister or service of a notice of violation on an individual named in the document or notice may be made

(a) personally, by delivering a copy of it

(i) to the individual at any place, or
(ii) if the individual is not at the last known address or usual place of residence at the time of service, to someone who appears to be an adult member of the same household at that address or residence and the day on which the document is left with the member of the household is deemed to be the day on which the document is served; or

(b) by sending a copy of it by registered mail, by courier or by electronic means, including electronic registered mail and fax, 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 registered mail, courier or fax 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) If a document is sent by fax or other electronic means, a copy of it shall also be sent by registered mail.

SOR/2010-191, s. 5.
Previous Version

9 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:

(a) where the document is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service;
(b) where the document is sent by fax or other electronic means, on the day it is sent.

Payment

10 (1) For the purposes of subsection 9(1) of the Act and subject to subsection (2), any payment shall be paid within 30 days after the day on which the notice is served.
(2) A person named in a notice of violation that contains a penalty may pay an amount equal to one half of the penalty if the person pays the amount within 15 days after the day on which the notice is served.

(3) For the purposes of the Act and these Regulations, the payment of a penalty or an amount in default shall be made by means of a certified cheque or money order made payable to the Receiver General for Canada and may be made

(a) in person;
(b) by regular mail;
(c) by registered mail; or
(d) by courier.

(4) A payment made in accordance with subsection (3) is deemed to be made

(a) on the day on which it is made in person;
(b) on the date indicated in the postmark stamped on the envelope, if the amount is sent by regular mail; and
(c) on the date indicated in the receipt issued by the postal or courier service, if the payment is sent by registered mail or courier.

SOR/2010-191, s. 6.
Previous Version

Review and Compliance Agreements

11 (1) If a person named in a notice of violation that contains a warning requests, under 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) If a person named in a notice of violation that contains a penalty requests, under 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 For the purposes of subsections 11(1) and 13(2) of the Act, any payment of the amount of the penalty and any request for a review by the Tribunal shall be made within 15 days after the day on which the notice of the Minister’s decision is served and any such request shall be made in writing.
SOR/2010-191, s. 7.
Previous Version

13 Section 12 also applies to any request for a review under subsection 12(2) of the Act.
SOR/2010-191, s. 7.
Previous Version

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, by courier or by electronic means, including electronic registered mail and fax, to a recipient and place authorized by the Minister.

(2) If a person makes a request, the date of the request is

(a) the day on which the request is delivered to the authorized recipient, if the request is delivered by hand;
(b) the earlier of the day on which the request is received by the authorized recipient and the date indicated in the receipt issued by the postal or courier service, if the request is sent by registered mail or courier; or
(c) the date on which the fax or other electronic transmission is received.

(3) Where a request is sent by fax or by other electronic means, a copy of the request shall be sent by registered mail.

SOR/2010-191, s. 8.
Previous Version

Review by Tribunal

15 A review by the Tribunal shall be conducted orally if the person named in the notice of violation requests that the review be oral.
SOR/2010-191, s. 9.
Previous Version

Coming into Force

16 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Regulations

PART 1
Pest Control Products Act (S.C. 2002, C. 28)

Column 1
Column 2
Column 3

Item
Provision of the Pest Control Products Act

Short-form DescriptionFootnote for PART 1 Pest Control Products Act (S.C. 2002, C. 28)*

Classification

1
6(1)
Manufacture, possess, handle, store, transport, import, distribute or use an unregistered pest control product
Very serious

2
6(2)
Manufacture, import, export or distribute a registered pest control product contrary to the conditions of registration
Very serious

3
6(3)
Store, import, export or distribute a pest control product not packaged in accordance with the regulations and the conditions of registration
Serious

4
6(5)(a)
Handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with the regulations
Very serious

5
6(5)(b)
Handle, store, transport, use or dispose of a registered pest control product in a way that is inconsistent with the directions on the label recorded in the Register
Very serious

6
6(7)
Package or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression
Minor

7
6(8)
Manufacture, possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environment
Very serious

8
21(4)
Fail to comply with the conditions set by the Minister
Serious

9
21(5)(a)
Fail to comply with the conditions of continued possession, handling, storage, distribution or use of stocks of a pest control product in Canada at the time of cancellation of its registration
Serious

10
21(5)(b)
Fail to comply with the requirement to recall and dispose of a pest control product, the registration of which is cancelled, in the manner specified
Very serious

11
22(3)
Fail to comply with the conditions of cancellation or amendment of the registration
Serious

12
30(1)(b)
Knowingly provide false or misleading information in response to a notice
Very serious

13
31(1)
Fail to comply with the conditions of registration
Very serious

14
46(1)
Resist or wilfully obstruct an inspector or make a false or misleading statement to an inspector
Very serious

15
46(2)
Fail to make records available to an inspector on request
Serious

16
50(1)
Fail to give an inspector all reasonable assistance or to provide an inspector with the required information
Serious

17
[Repealed, SOR/2012-49, s. 1]

18
53(4)
Remove, alter or interfere with, without an inspector’s written authorization, a pest control product or other thing seized and detained
Very serious

19
57(1)
Fail to comply with a requirement in a notice respecting measures to stop an activity or thing involved in a contravention or to prevent further contravention
Very serious

20
59(2)(a)
Fail to comply with a requirement in a notice respecting measures to reduce or eliminate risks
Very serious

Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.
PART 2
Pest Control Products Regulations (Sor/2006-124)

Column 1
Column 2
Column 3

Item
Provision of the Pest Control Products Regulations

Short-form DescriptionFootnote for PART 2 Pest Control Products Regulations (Sor/2006-124)*

Classification

1
21
Use a word or expression on a package or in any advertisement that states or implies that the Government of Canada promotes, endorses or recommends the use of a pest control product
Minor

2
35
Fail to show the conditions of registration that relate to the distribution on the documents that accompany the shipment
Minor

3
36
Import a pest control product without a signed declaration setting out the required information
Minor

4. and 5.
[Repealed, SOR/2014-4, s. 1]

6
59
Fail to post at research sites signs that meet the requirements
Minor

7
60(1)
Fail to ensure that a pest control product that is used in research is accompanied by an experimental label
Serious

8
60(2)
Fail to have an experimental label that meets requirements
Serious

9
61(a)
Fail to supply every researcher and cooperator involved with a copy of the experimental label, which must be the approved experimental label if a research authorization certificate or research notification certificate has been issued
Serious

10
[Repealed, SOR/2014-4, s. 2]

11
63
Fail to keep research records that contain the required information
Minor

12
65
Fail to return an unused unregistered pest control product to the manufacturer
Minor

13
66
Fail to return an unused registered pest control product to the manufacturer
Minor

14
67
Distribute a pest control product that is used in the conduct of research otherwise than in accordance with section 65 or 66
Serious

15
69(b)
Where a microbial agent was used under the authority of a research notification certificate, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of research
Very serious

16
70(b)
Where a semiochemical was used in research otherwise than in accordance with the Regulations, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of research
Very serious

Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.
PART 3
Pest Control Products Sales Information Reporting Regulations (Sor/2006-261)

Column 1
Column 2
Column 3

Item
Provision of the Pest Control Products Sales Information Reporting Regulations

Short-form DescriptionFootnote for PART 3 Pest Control Products Sales Information Reporting Regulations (Sor/2006-261)*

Classification

1
3
Fail to submit the report on sales information of a pest control product annually and to include in it the required information
Serious

2
7
Fail to submit the report on or before June 1 of the year following the calendar year covered by the report
Serious

3
8
Fail to provide available sales information on a pest control product within 15 days after the Minister requests it
Very serious

4
10
Fail to keep all original records and supporting data that relate to the sales information included in a report for six years or fail to submit records and data to the Minister on request
Minor

5
11
Fail to submit sales information of a product, within 60 days after the Minister requests it, in a report prepared by an independent auditor qualified under the laws of a province
Serious

Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.
PART 4
Pest Control Products Incident Reporting Regulations (Sor/2006-260)

Column 1
Column 2
Column 3

Item
Provision of the Pest Control Products Incident Reporting Regulations

Short-form DescriptionFootnote for PART 4 Pest Control Products Incident Reporting Regulations (Sor/2006-260)*

Classification

1
6(1)
Fail to file an incident report in English or French
Serious

2
6(2)
Fail to provide a summary of the study, in English or in French, at the prescribed time
Minor

3
7
Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in Canada
Serious

4
8
Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in the United States if the incident fits within any of the categories specified
Serious

5
9
Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident whose effects are identified in a scientific study
Serious

6
10
Fail to file an incident report within 15 days after receipt of information about any incident in the categories specified
Very serious

7
11(1)
Fail to file an incident report before the end of the next month, following the accumulation of information in a month, about any incident in a category specified
Very serious

8
12
Fail to file, in accordance with the time limits specified, an incident report about any incident in a category specified
Serious

9
13
Fail to file the required incident reports about any incident in a category specified
Serious

10
14(1)
Fail to file an annual summary within two months after the end of the reporting period specified
Serious

11
15(1)
Fail to file an annual summary with respect to an active ingredient in the prescribed circumstances
Minor

12
15(2)
Fail to provide the prescribed information in the annual summary
Minor

13
16
Fail to provide the required information within 24 hours after the Minister requests it for the purpose of responding to a situation specified
Very serious

14
Obligation to provide the record under section 17 to the Minister, on request, for the purposes specified in that section
Fail to provide the record to the Minister, on request, for the purposes specified
Very serious

Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

SOR/2010-191, s. 10;
SOR/2012-49, s. 1;
SOR/2014-4, ss. 1, 2.

Previous Version

SCHEDULE 2(Subsection 5(3))

PENALTY ADJUSTMENTS

Column 1
Column 2

Item
Total Gravity Value
Penalty Adjustment

1
1
Reduce penalty by 50%

2
2
Reduce penalty by 40%

3
3
Reduce penalty by 30%

4
4
Reduce penalty by 20%

5
5
Reduce penalty by 10%

6
6-10
Do not adjust penalty

7
11
Increase penalty by 10%

8
12
Increase penalty by 20%

9
13
Increase penalty by 30%

10
14
Increase penalty by 40%

11
15
Increase penalty by 50%

SCHEDULE 3(Section 6)Total Gravity Value

PART 1
History of Prior Violations or Offences

Column 1
Column 2

Item
Gravity Value
History

1
0
There were no previous violations or convictions under an agri-food Act in the five-year period immediately before the violation.

2
3
There was no more than one previous minor or serious violation and no convictions under an agri-food Act in the five-year period immediately before the violation.

3
5
The history of violations or convictions under agri-food Acts in the five-year period immediately before the violation is other than the history described 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 recurrence.

3
3
The violation subject to the assessment is committed through a negligent act and item 2 does not apply.

4
5
The violation subject to the assessment is committed through an intentional act and item 2 does not apply.

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 harm to human, animal or plant health or the environment;
(b) serious harm to any person as a result of false, misleading or deceptive practices; or
(c) a monetary loss exceeding $1,000.

3
5

The violation subject to the assessment causes

(a) serious harm to animal or plant health or the environment;
(b) serious harm to any person as a result of false, misleading or deceptive practices; or
(c) a monetary loss exceeding $1,000.

SOR/2010-191, ss. 11, 12.
Previous Version