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Registration

SOR/2016-226 August 2, 2016

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations

The Minister of Health and the Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) (see footnote a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act (see footnote b), make the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations.

Ottawa, July 26, 2016

Jane Philpott
Minister of Health

Lawrence MacAulay
Minister of Agriculture and Agri-Food

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations

Amendments

1 The definition import reference document in section 1 of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (see footnote 1) is replaced by the following:

import reference document has the same meaning as in section 10 of the Health of Animals Regulations. (document de référence)

2 Section 2 of the Regulations is replaced by the following:

2 The following are designated as violations that may be proceeded with in accordance with the Act, namely

  • (a) 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 one of those Acts, that is set out in column 1 of Schedule 1;
  • (b) the contravention of an order made by the Minister under a provision of the Plant Protection Act that is set out in column 1 of Schedule 1; and
  • (c) the refusal or neglect to perform any specified duty imposed by or under a provision of the Health of Animals Act or the Plant Protection Act, or of a regulation made under one of those Acts, that is set out in column 1 of Schedule 1.

3 (1) The portion of subsection 5(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

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

(2) Subsections 5(2) and (3) of the English version of the Regulations are replaced by the following:

(2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of a 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 a 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.

4 Subparagraph 6(a)(i) of the Regulations is replaced by the following:

  • (i) the history of the person who committed the violation in respect of prior violations or convictions as described in column 2 of an item of Part 1 of Schedule 3,

5 (1) The portion of subsection 8(1) of the Regulations before paragraph (a) is replaced by the following:

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

(2) Subparagraph 8(1)(a)(ii) of the English version of the Regulations is replaced by the following:

  • (ii) if it is impracticable to find the individual, 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

(3) Paragraph 8(1)(b) of the Regulations is replaced by the following:

  • (b) by sending a copy of it by registered mail or courier to the last known address or usual place of residence of the individual, or by sending a copy of it to the individual by fax or other electronic means.

(4) The portion of subsection 8(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Service of a notice of violation or any document originating from the Minister on a person other than an individual may be effected by

(5) Paragraph 8(2)(c) of the French version of the Regulations is replaced by the following:

  • c) par envoi d’une copie par un moyen électronique autre qu’un télécopieur à toute personne physique visée à l’alinéa b).

(6) Subsection 8(3) of the Regulations is replaced by the following:

(3) If a notice of violation or any document originating from the Minister is sent by fax or by other electronic means, a copy of the document shall be sent either by courier or by registered mail within 48 hours following the original transmission.

6 Subsection 9(1) of the Regulations is replaced by the following:

9 (1) A certificate of service of a document required or authorized to be served under the Act must be in a form approved by the Minister.

(1.1) If the certificate states that the document was served on a person named in the certificate and states the means of service, the person who signs the certificate is deemed to have served the document on that person on the date that is determined under subsections (2) to (4).

7 Subsection 10(1) of the Regulations is replaced by the following:

10 (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty by certified cheque or money order made payable to the Receiver General of Canada within 30 days after the day on which the notice is served.

8 Sections 12 and 13 of the Regulations are replaced by the following:

12 If a person is notified that the Minister refuses to enter into a compliance agreement, the time within which the person may pay the amount of the penalty or request a review by the Tribunal of the facts of the violation is 15 days after the day on which the notice is served. The request must be in writing.

13 If a person is notified that the Minister, having concluded a review, has decided that the person committed a violation

  • (a) the time within which the person may request a review of the Minister’s decision by the Tribunal is 15 days after the day on which the notice is served and the request must be in writing;
  • (b) if the review is in respect of a penalty, the time within which the person may pay the penalty that the Minister has maintained or the corrected amount that the Minister has decided on is 15 days after the day on which the notice is served.

9 (1) Subsection 14(1) of the English version of the Regulations is replaced by the following:

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 or fax or other electronic means to a person and place authorized by the Minister.

(2) Paragraphs 14(2)(a) and (b) of the French version of the Regulations are replaced by the following:

  • a) la date à laquelle la demande est remise au destinataire autorisé, si cette demande est livrée en mains propres;
  • b) la date de réception par le destinataire autorisé ou la date du récépissé remis à l’expéditeur par le bureau de poste ou le service de messagerie — celle de ces deux dates qui est antérieure à l’autre étant à retenir —, si la demande est envoyée par courrier recommandé ou par messagerie;

(3) Paragraph 14(2)(c) of the Regulations is replaced by the following:

  • (c) the date on which the request is sent, if the request is sent by fax or other electronic transmission.

(4) Subsection 14(3) of the Regulations is replaced by the following:

(3) If a request is sent by fax or by other electronic means, a hard copy of the request shall be sent either by courier or registered mail within 48 hours following the original transmission.

10 The portion of items 10 and 11 of Division 1 of Part 1 of Schedule 1 to the Regulations in column 1 is replaced by the following:

Item

Column 1

Provision of Health of Animals Act

10

15(1)

11

16(1)

11 The portion of items 20 and 21 of Division 1 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

20

Obstruct, hinder or make any false or misleading statement to an analyst, inspector or officer

Very serious

21

Fail to give all reasonable assistance or furnish information to an inspector or officer

Serious

12 The portion of items 24 and 25 of Division 1 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

24

Remove, alter or interfere with an animal or thing seized and detained

Very serious

25

Fail to comply with the prescribed notice

Very serious

13 Items 5 to 12 of Division 2 of Part 1 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2




Short-form Description

Column 3




Classification

5

11(1)

Import germplasm of a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the applicable provisions of the import reference document

Very serious

6

12(1)

Import a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the import requirements of subsections 12(2) to (6) of the Health of Animals Regulations or all applicable provisions of the import reference document

Very serious

14 Items 80 and 81 of Division 2 of Part 1 of Schedule 1 to the Regulations are repealed.

15 The portion of item 89 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

89

46

Import meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, fish meal or any other product of a rendering plant without meeting the prescribed requirements

16 The portion of item 91 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

91

Discharge refuse or manure without meeting the prescribed requirements

Serious

17 Item 95 of Division 2 of Part 1 of Schedule 1 to the Regulations is repealed.

18 The portion of items 104 and 105 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

104

Move a pathogen, animal or organism or blood or serum to a place not named in the permit

Serious

105

Introduce a pathogen, animal or organism or blood or serum into an animal without a permit or in contravention of a permit

Very serious

19 Item 106 of Division 2 of Part 1 of Schedule 1 to the Regulations is repealed.

20 Items 108 and 109 of Division 2 of Part 1 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

108

53(1)(a)

Import animal food containing an animal product or animal by-product except as prescribed

Serious

109

53(1)(b)

Import animal food on a vessel without prescribed certification

Serious

21 The portion of item 111 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

111

Import used beehive or beehive equipment

Serious

22 The portion of item 133 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

133

Fail to have a primary breeding flock tested or to report the results of required tests

Serious

23 The portion of item 135 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

135

Use hatchery to hatch game bird eggs, or have on premises game bird eggs, that do not meet the prescribed requirements

Serious

24 The portion of item 157 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

157

Open a container or remove any wrapping or cover around the disease agent or thing without authorization

Very serious

25 The portion of item 181 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

181

Fail to clean and disinfect a container or crate before poultry are loaded

Minor

26 The portion of item 183 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

183

Fail to clean and disinfect a railway car, aircraft or vessel

27 Items 193 and 194 of Division 2 of Part 1 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2




Short-form Description

Column 3




Classification

194

112

Feed swine or poultry with, or permit swine or poultry to have access to, meat, meat by-products or food that is suspected to contain meat or meat by-products

Very serious

28 The portion of item 197 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

197

Collect, store or distribute semen that is affected with or has been exposed to a communicable disease

Serious

29 The portion of item 202 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

202

Fail to maintain records in a form approved by the Minister or for a minimum period of seven years

Minor

30 The portion of item 207 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

207

Fail to keep records as prescribed, to make records available to a veterinary inspector or to retain records for at least two years

Serious

31 The portion of item 209 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

209

Prepare, manufacture, preserve, pack, label or test a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licence

Very serious

32 The portion of item 211 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

211

Prepare, manufacture, preserve, pack, label, store or test a veterinary biologic without meeting the prescribed requirements

Very serious

33 The portion of item 239 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

239

Fail to maintain and use an apparatus so as not to cause suffering to animals when loading or unloading them

Minor

34 The portion of item 266 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

266

Re-load livestock without the required rest period of not less than five hours, fail to provide livestock with sufficient water and food while resting or fail to add bedding to a conveyance before re-loading livestock

Serious

35 The portion of item 275 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

275

Fail to produce a copy of the record

Serious

36 The portion of item 279 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

279

Fail to have the required ship’s crew on a vessel

Serious

37 The portion of item 300 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

300

Fail to destroy an injured animal by means of the prescribed killing device

Serious

38 The portion of item 303.002 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

303.002

Operate a rendering plant without a permit

Very serious

39 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 303.002:

Item

Column 1

Provision of Health of Animals Regulations

Column 2




Short-form Description

Column 3




Classification

303.0021

165(1.1)

Manufacture a prohibited material in a rendering plant without having required dedicated lines, equipment and conveyances

Very serious

40 The portion of item 303.004 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 1 is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

303.004

165(4)

41 The portion of item 303.005 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

303.005

Import a product of a rendering plant without a permit

Very serious

42 The portion of item 303.013 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

303.013

Fail to change records or labels as required

Very serious

43 The portion of item 303.1 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

303.1

Fail to ensure that an approved tag applied to an animal or to the carcass of an animal is for the species of that animal and corresponds to the animal or carcass for which it was issued

Serious

44 The portion of item 303.11 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

303.11

Fail to ensure that an approved tag is applied to an animal in the prescribed manner

45 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 303.11:

Item

Column 1

Provision of Health of Animals Regulations

Column 2




Short-form Description

Column 3




Classification

303.12

175.01(1)

Fail to ensure that an approved tag is applied to a pig before it is removed from a site

Minor

303.13

175.01(5)

Fail to ensure in the prescribed circumstances that an approved tag or an approved slap tattoo is applied to a pig before it is moved from a site

Minor

303.14

175.01(6)

Fail to ensure that an approved tag is applied to a pig in the prescribed circumstances

Minor

303.15

175.01(7)

Fail to ensure that an indicator that meets the prescribed requirements is applied to a pig before exportation

Minor

303.16

175.01(8)

Fail to ensure that a pig carcass is accompanied by required information in the required form

Minor

46 Division 2 of Part 1 of Schedule 1 to the Regulaitons is amended by adding the following after item 303.4:

Item

Column 1

Provision of Health of Animals Regulations

Column 2




Short-form Description

Column 3




Classification

303.5

175.2(1)

Fail to report the required information within the prescribed time when pigs are transported from one site to another

Minor

303.6

175.2(3)

Fail to report the required information within the prescribed time when pigs leave a site where an approved tag or approved slap tattoo is applied to a pig

Minor

303.7

175.2(4)

Fail to report the required information within the prescribed time when pigs are transported from a site to an abattoir

Minor

303.8

175.2(5)

Fail to report the required information within the prescribed time when pig carcasses are transported from a site to another site

Minor

303.9

175.3

Fail to keep the required record for the prescribed period

Minor

303.91

175.4

Fail to keep the required record for the prescribed period

Minor

47 The portion of item 304 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

304

Remove or cause the removal, from a site, of a bison, bovine or ovine or its carcass not bearing an approved tag

48 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 304:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

304.1

176.1

Remove or cause the removal from a site of a pig not identified in the prescribed manner

Minor

49 The portion of item 305 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

305

Transport or cause the transportation of a bison, bovine or ovine or its carcass not bearing an approved tag

50 Item 306 of Division 2 of Part 1 of Schedule 1 to the Regulations is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

306

177.1(1)

Transport or cause the transportation of a pig not identified in the prescribed manner

Minor

51 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 308:

Item

Column 1

Provision of Health of Animals Regulations

Column 2



Short-form Description

Column 3



Classification

308.1

178(1.1)

Apply or cause the application of an approved slap tattoo or an indicator to a pig that is not at the site in respect of which the approved slap tattoo or indicator was issued

Serious

52 The portion of item 309 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

309

Remove or cause the removal of an approved tag, or an approved tag that has been revoked, from an animal or its carcass

53 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 310:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

310.1

180.1

Apply or cause the application of an approved tag to an animal or the carcass of an animal that is not listed in the definition animal in section 172 of the Health of Animals Regulations

Serious

54 The portion of item 312 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

312

Make, sell or provide a tag, chip or other indicator that resembles an approved tag

55 The portion of item 312.1 in Division 2 of Part 1 of Schedule 1 to the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

312.1

183(2)(b)

Fail to ensure that an approved tag is applied to a bison or bovine immediately after its arrival at the tagging site

56 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 312.1:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

312.11

183(2)(c)

Fail to keep or make available the required records

Serious

57 The portion of item 313 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

313

Fail to immediately apply a new approved tag to an animal that does not bear an approved tag, bears a revoked tag or has lost its approved tag

58 The portion of item 314.1 of Division 2 of Part 1 of Schedule 1 to the French version of the Regulations in column 2 is replaced by the following:

Article

Colonne 2

Sommaire

314.1

Omettre de communiquer à l’administrateur dans le délai prescrit le numéro de la nouvelle étiquette approuvée et celui de l’ancienne étiquette approuvée

59 The portion of items 315 to 317 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

315

Fail to report the death of a bison or bovine and the number of the approved tag to the administrator within the prescribed time

316

Fail to maintain the ability to identify the animal’s carcass during the prescribed time

317

Fail to keep a record of the death and the number of the approved or revoked tag of an animal that is slaughtered or otherwise dies at a site

60 The portion of items 318 and 319 of Division 2 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Item

Column 2

Short-form Description

318

Fail to report the number of the approved tag or revoked tag of a carcass to the administrator within the prescribed time

319

Fail to collect and report the prescribed information about a carcass to the administrator within the prescribed time

61 The portion of item 320 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

320

188(1)

Fail to report the number of an approved tag applied to an exported bison or bovine to the administrator within the prescribed time

62 Division 2 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 320:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

Column 3


Classification

320.1

188(2)

Fail to report the prescribed information on exported pigs to the administrator within the prescribed time

Minor

63 The portion of item 322 of Division 2 of Part 1 of Schedule 1 to the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2


Short-form Description

322

189(1)(b) and (c) and 189(2)

Fail to report the prescribed information on an imported animal to the administrator within the prescribed time

64 Divisions 3 and 4 of Part 1 of Schedule 1 to the Regulations are repealed.

65 The portion of item 1 of Division 1 of Part 2 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

1

Fail to notify the Minister of the existence of a thing that the person suspects to be a pest or to provide a specimen of a suspected pest

Serious

66 Division 1 of Part 2 to Schedule 1 to the Regulations is amended by adding the following after item 2:

Item

Column 1

Provision of Plant Protection Act

Column 2


Short-form Description

Column 3


Classification

2.1

6(3)

Fail to comply with the prescribed notice

Very serious

67 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 3:

Item

Column 1

Provision of Plant Protection Act

Column 2


Short-form Description

Column 3


Classification

3.1

8(1)

Fail to comply with the prescribed notice

Very serious

68 Item 5 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.

69 The portion of items 7 and 8 of Division 1 of Part 2 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

7

Obstruct, hinder or make a false or misleading statement to an inspector

Very serious

8

Fail to provide reasonable assistance to an inspector or furnish an inspector with information

Serious

70 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 8:

Item

Column 1

Provision of Plant Protection Act

Column 2


Short-form Description

Column 3


Classification

8.1

24(2)

Fail to comply with the prescribed notice

Very serious

8.2

30(2)

Fail to comply with the prescribed notice

Very serious

71 Item 10 of Division 1 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

Item

Column 1

Provision of Plant Protection Act

Column 2


Short-form Description

Column 3


Classification

10

36(3)

Fail to comply with the prescribed notice

Very serious

72 The heading of column 1 of Division 4 of Part 2 of Schedule 1 to the English version of the Regulations is replaced by “Provision of Plant Protection Regulations”.

73 Items 6 and 7 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Plant Protection Regulations

Column 2


Short-form Description

Column 3


Classification

6

9

Possess, have custody or control of or use a false or improperly obtained document

Very serious

74 Items 14 and 15 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Plant Protection Regulations

Column 2


Short-form Description

Column 3


Classification

14

20(2)

Fail to comply with the prescribed notice

Very serious

15

21(2)

Fail to comply with the prescribed notice

Very serious

75 The portion of item 16 of Division 4 of Part 2 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

16

Enter, move within or leave an infested place without authorization

Very serious

76 Division 4 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 17:

Item

Column 1

Provision of Plant Protection Regulations

Column 2


Short-form Description

Column 3


Classification

17.1

23(b)

Fail to comply with the prescribed notice

Very serious

77 Division 4 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 20:

Item

Column 1

Provision of Plant Protection Regulations

Column 2


Short-form Description

Column 3


Classification

20.1

27(2)

Fail to comply with the prescribed notice

Very serious

20.2

27(3)

Fail to treat or to cause to be treated as required

Very serious

78 Item 31 of Division 4 of Part 2 of Schedule 1 to the Regulations is repealed.

79 Item 35 of Division 4 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

Item

Column 1

Provision of Plant Protection Regulations

Column 2


Short-form Description

Column 3


Classification

35

43(4)

Import a thing for a special purpose without meeting the prescribed conditions

Very serious

80 The portion of item 46 of Division 4 of Part 2 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:

Item

Column 2

Short-form Description

Column 3

Classification

46

Move a thing for a special purpose that is not packed, identified or contained as prescribed, or contrary to the conditions of a Movement Certificate

Very serious

81 The portion of items 1 and 2 of Part 1 of Schedule 3 to the Regulations in column 2 is replaced by the following:

Item

Column 2

History

1

No previous violation under, or conviction for an offence committed under, agri-food Acts in the five years before the day on which the violation subject to the assessment is committed

2

One previous minor or serious violation has been committed under agri-food Acts in the five years before the day on which the violation subject to the assessment is committed

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

New requirements for the identification and movement of pigs have been set out in the Health of Animals Regulations (HAR) and amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (the Regulations) are required to provide persons designated by the Canadian Food Inspection Agency (CFIA) and the Canada Border Services Agency (CBSA) with authority to issue notices of violation in the event of non-compliance with those new requirements. Also, there are instances where there is a lack of clarity and consistency between the English and French versions of the Regulations, inconsistency between the Agriculture and Agri-Food Administrative Monetary Penalties Act (the Act) and the Regulations, drafting and typographical errors, duplication of authorities in the Regulations already provided in the Act and more than one violation designated in relation to a single provision.

Background

The purpose of the Act is to establish, as an alternative to the penal system and as a supplement to other enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food acts and their respective regulations. The Act provides persons designated by CFIA and CBSA with the authority to respond to violations listed in the regulations and establishes an alternative compliance mechanism to the penal system.

The Act and the Regulations provide for the issuance of two types of notices of violation to regulated parties: a notice of violation with warning and a notice of violation with penalty. The Act sets out the maximum monetary penalty amount for each classification level (i.e. minor, serious, very serious), and the Regulations define the actual monetary penalty amount within each classification level for each specific violation.

Administrative monetary penalties are a sanctions regime that authorizes the issuance of notices of violation in the form of warnings or monetary penalties by persons designated by an enforcement body in response to a violation of a statutory or regulatory requirement. It is designed to promote compliance with legislation and can address a range of compliance issues ranging from violations that are relatively minor to more severe.

In July 2014, the HAR were amended to include pig identification and movement reporting requirements, and for farmed wild boars the following year. Amendments to the Regulations are now required to allow the persons designated by the CFIA to issue notices of violation to enforce the new provisions respecting those pig traceability requirements.

The amendments also address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Objectives

The objectives of these regulatory amendments are to

  • expand the application of the Regulations to include violations related to pig identification and movement reporting requirements under the HAR to provide options for addressing non-compliance;
  • improve clarity and consistency of the Regulations; and
  • position persons designated by CFIA and CBSA to continue to issue notices of violation to encourage compliance with the relevant statutory or regulatory provisions.

Description

Amendments are being made to enable the use of administrative monetary penalties for recently added provisions to the HAR regarding pig identification and movement reporting requirements. Also, to prevent operators at the destination site being subject to an enforcement action under the Act in this situation, the violation of receiving animals not bearing an approved tag will no longer be subject to a notice of violation through the amendments.

The other regulatory amendments are modifications that respond to recommendations made by the SJCSR to address a number of discrepancies between the English and French regulatory text, to correct inconsistent terminology and typographical errors, address duplicate authorities between the Act and the Regulations, and improve the clarity and consistency of the Regulations.

These amendments will also change the regulatory text to specify a single violation for each provision listed in Schedule 1 to the Regulations. This is accomplished by condensing provisions with multiple short-form descriptions into one and assigning a single classification of violation. For example, in Schedule 1, Part 1, Division 2 to the Regulations, it currently indicates under the description of item 111 that (a) it is a serious violation to “import used beehives;” and that (b) it is a minor violation to “import used beehive equipment.” The amendments will stipulate that it is a serious violation to “import used beehive or beehive equipment.”

“One-for-One” Rule

The “One-for-One” Rule does not apply to these amendments, as there are no associated administrative costs or savings.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

Consultation

The amendments to the HAR relating to violations of the pig identification and movement reporting requirements were made in consultation with pig producers as represented by the Canadian Pork Council (CPC). The CPC was also informed of the enforcement activities including activities resulting from the amendments to the Regulations. The CPC was further advised that enforcement would commence at least one year after the coming into force of the pig traceability provisions under the HAR in July 2014. This information was relayed by the CPC to the pig producers and affected stakeholders in the provinces.

Since the majority of the other amendments are minor in nature, do not impact the intent of the Regulations and do not have any impact on stakeholders, CFIA did not conduct public consultation.

Rationale

Administrative monetary penalties provide persons designated by an enforcement body with an alternative enforcement measure to promote compliance that is less burdensome than the penal system. These amendments are necessary to support persons designated by CFIA and CBSA with the capability to issue notices of violation in the event of non-compliance.

The failure to comply with an act or regulations compromises the public policy objectives of the legislation. Non-compliance must, therefore, be addressed to promote important societal, economic and environmental objectives. While a number of enforcement options exist for CFIA and CBSA intervention, such as a corrective action request, suspension or revocation of a license and prosecution in the courts, administrative monetary penalties provide additional flexibility in managing non-compliance and provide further incentive for businesses or individuals to comply with statutory and regulatory requirements.

Moreover, an administrative monetary penalty acts as a financial disincentive to rule-breaking. Penalties create a level playing field by exposing all regulated parties to the same level of enforcement response for similar types of non-compliance. The Regulations are an enforcement tool and, as such, regulated parties only incur additional costs if they violate regulatory provisions.

Amendments to the Regulations are required to allow the persons designated by CFIA to issue notices of violation to enforce the provisions in the HAR added in 2014 for pig traceability requirements. The other regulatory amendments in this package are minor modifications and editorial changes to address recommendations made by the SJCSR. There are other minor amendments included to improve consistency between the English and French versions of the Regulations and with other regulations administered and enforced by CFIA.

The amendments to the Regulations will provide persons designated by CFIA and CBSA with the regulatory authority needed to respond to instances of non-compliance.

Implementation, enforcement and service standards

These amendments to the Regulations come into force upon registration.

The amendments to the Regulations stemming from the HAR amendments will allow persons designated by CFIA to issue notices of violation of reporting requirements with respect to the identification and movement of pigs. These amendments will not create any compliance requirements in addition to the ones created by the July 2014 HAR amendments relating to pig traceability.

The amendments to the Regulations will continue to allow persons designated by CFIA and CBSA to issue notices of violation for non-compliance with the acts and regulations for which violations are designated in the Regulations. Administrative monetary penalties are intended to address non-compliance in areas in which letters of non-compliance or corrective action requests are not enough, but where prosecution, seizure, or license suspension or revocation are not considered appropriate.

In addition, the Regulations permit CFIA to enter into compliance agreements with persons who commit violations, and allow for a reduction, in whole or in part, of an administrative monetary penalty if the persons agree to take appropriate steps to support future compliance with the relevant statutory or regulatory requirements and correct the violation. Appeal mechanisms are also available pursuant to the Act and the Regulations to persons that have been issued a notice of violation.

Contacts

Mark Burgham
Director
Program Policy Integration Division
Program, Regulatory and Trade Policy Directorate
Canadian Food Inspection Agency
1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-6533
Fax: 613-773-5617
Email: mark.burgham@inspection.gc.ca

Tracey Boyd-Brown
Director
Regulatory, Legislative, Economic Affairs Division
Program, Regulatory and Trade Policy Directorate
Canadian Food Inspection Agency 1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-5521
Fax: 613-773-5692
Email: tracey.boyd-brown@inspection.gc.ca