Vol. 133, No. 36 — September 4, 1999

Agriculture and Agri-Food Administrative Monetary Penalties Regulations

Statutory Authority

Agriculture and Agri-Food Administrative Monetary Penalties Act

Sponsoring Agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

On December 5, 1995, the Agriculture and Agri-Food Administrative Monetary Penalties Act (AMPs) received Royal Assent. This Act adds to the options currently available in respect of enforcement of seven statutes administered by the Canadian Food Inspection Agency (the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act, and the Seeds Act), and one statute, the Pest Control Products Act, administered by Health Canada.

The Agriculture and Agri-Food Administrative Monetary Penalty Regulations, however, are only to be implemented for violations of the Health of Animals Act and Regulations, the Plant Protection Act and Regulations, and the Pest Control Products Act and Regulations. The Agriculture and Agri-Food Administrative Monetary Penalty Regulations sets out provisions of these three acts and regulations made under these acts, the contravention of which may result in the issuance of monetary penalties ranging from $100 to $6,000. In addition, the Regulations will authorize compliance agreements with persons who commit violations. Under compliance agreements, administrative monetary penalties can be reduced or cancelled if persons agree to take appropriate steps to ensure future compliance with the law and these steps include monetary expenditures.

All administrative monetary penalties are subject to review by an independent tribunal.

The making of the Regulations completes the establishment of a regulatory scheme under the Agriculture and Agri-Food Administrative Monetary Penalties Act whereby penalties for regulatory infractions may be imposed administratively rather than through a criminal court system.

Alternatives

There are no alternatives to this proposal. The system established under the Agriculture and Agri-Food Administrative Monetary Penalties Act is inoperative without the Regulations in place.

Benefits and Costs

1. Savings from reducing the number of prosecutions

AMPs will reduce the number of prosecutions. There is no way of knowing precisely the litigation costs that will be avoided. However, a researcher with the Province of Ontario Attorney General's office estimated that an average regulatory prosecution costs the provincial courts $10,000. This figure includes the costs of a judge and other court officials. In addition, there are the costs of the federal Department of Justice prosecutor and the defence lawyer hired by the defendant. A cost of $1,500 for each of these is a conservative estimate (5 hours preparation time, 5 hours court time multiplied by $150 per hour). At these costs, an average prosecution cost for the Province, the Department of Justice and the defender is $13,000.

The experience of other agencies administrating similar schemes shows that most administrative monetary penalties (over 90 percent) are paid without going to a hearing and where there is an oral hearing, the average cost is $1,400.

With the Tribunal costs estimated annually at $460,000, the break-even point is attained if only 40, out of the historical number of 250 annual prosecutions, are not proceeded with ($460,000 divided by the difference between $13,000 and $1,400).

2. AMPs will increase compliance

The experience in the United States, where administrative monetary penalties are used extensively, is that compliance rates will go up considerably because of the deterrent impact of AMPs. It is estimated that 80 percent of the regulated community will comply with the Regulations if they understand them. For the other 20 percent deterrence is predicated on:

(a) the perception by the potential violators that they are likely to be detected;

(b) a quick response when violations are detected; and

(c) the penalties being high enough to deter non-compliance.

Under AMPs, the response is immediate (as opposed to court cases which take months to complete), and the monetary penalty amounts are generally higher than court imposed fines.

It is impossible to put a dollar figure on the increased compliance that will result from the introduction of this system; however, it is estimated that compliance will increase considerably because the regulated community will know there is a good possibility it will receive a monetary penalty if it is found to be in non-compliance.

3. AMPs allow the Canadian Food Inspection Agency to increase enforcement activities

AMPs are not as time-consuming as prosecution; therefore, the Canadian Food Inspection Agency (CFIA) will be allowed to increase its enforcement activities. In this way the system will allow more enforcement per dollar than the current enforcement options allow.

4. AMPs allows more strategic and proactive enforcement

AMPs allow the CFIA to be more strategic and proactive in its enforcement approach. Presently, the CFIA can only recommend prosecution. The Department of Justice decides whether to pursue the case in the courts. Since the CFIA has full authority to decide when to issue a monetary penalty, CFIA officials can work in conjunction with industry associations to act on specific noncompliance issues. The CFIA can advertise in industry news-letters that, along with the industry associations, it is concerned with certain kinds of non-compliance, and, that when a violation is found, immediate action will be taken.

Experience of other agencies administering similar schemes shows that this approach is very effective in increasing compliance.

5. Potential reduction in liability

Regulators could be found liable by the courts for failure to enforce regulations. Regulatory organizations must ensure they have an appropriate response when replying to non-compliance. AMPs will help the CFIA determine an appropriate enforcement response, from a broader array of choices, when non-compliance is found that can impact on human health and safety, or that has resulted in significant fraud.

6. Impact on trade

The proposed Agriculture and Agri-Food Administrative Monetary Penalties Regulations will have a positive impact on trade. The proposed Regulations will assist the long-term competitiveness of the agri-food industry through the CFIA's timely and effective enforcement action against importers who import products not meeting Canadian health and safety standards. In addition, the system will encourage compliance to high domestic standards thereby advancing the competitiveness of the domestic industry.

Consultation

On September 5, 1996, the CFIA consulted with 39 national industry associations including the Consumer Association of Canada. The CFIA also consulted with all the provinces, and the regional offices sent out approximately 3 950 packages to industry clients to brief them, and to consult on the proposed Regulations.

The feedback indicates very positive support for AMPs, with 56 associations, companies, and provincial government organizations replying to the consultations. During the consultation period of September 5, 1996, the national industry associations indicated their support of the proposed Regulations. Several national industry associations have written letters of support for this initiative, either during the consultations on the legislation or during the consultations on the Regulations.

The Regulations were initially prepublished in the Canada Gazette, Part I, on August 9, 1997. Six industries or industry associations responded during the comment period.

The Canadian Poultry and Egg Processors Council (CPEPC), after consulting their members, requested a meeting with CFIA officials to review the schedule of violations for the Egg Regulations, the Processed Egg Regulations and the Livestock and Poultry Carcass Grading Regulations.

The meeting was very positive and resulted in some descriptions of the violations being changed to more accurately reflect the nature of the violation, 12 violations were deleted from the schedule of violations, 15 violations were added to the schedule of violations, and for 22 of the violations the gravity level of the violation was changed.

The Quebec Produce Marketing Association (QPMA) also requested a meeting on the prepublished Regulations. Representatives from the Canadian Horticultural Council were also present at the meeting. Officials of the CFIA made a presentation on the objectives of AMPs and how AMPs would be utilized. Subsequent discussions resolved the concerns of the QPMA.

The Canadian Meat Council wrote to reaffirm their support for the proposed Regulations. The Canadian Meat Council also stated they were pleased that AMPs will not be used for cost recovery, but will be used only for flagrant or repeated violations.

The Canadian Turkey Marketing Agency (CTMA) responded to the prepublication of the Regulations by writing that they are supportive of the Administrative Monetary Penalties Regulations. However, the CTMA is concerned that by enforcing the humane transportation of animals provisions the CFIA will be enforcing voluntary codes of practice. The CTMA also requested that a maximum time limit be incorporated in the Regulations for the Review Tribunal to make decisions, and as well, asked for the gravity level of several violations to be changed.

In response to the CTMA it was explained that, in the area of the humane transportation of animals, it is the Health of Animals Act and Regulations that are enforced by the CFIA, not the voluntary codes of practice. The voluntary codes of practice are not enforceable. They are jointly developed government/industry guidelines that set out ways to meet the regulatory requirements for the humane transportation of animals.

In response to the CTMA suggestion that a time limit be established within which the Review Tribunal must make decisions, the CFIA stated that it prefers that the Tribunal deal with time limits within its rules of procedure. The Review Tribunal will need to develop rules of procedure once the members are appointed. With respect to the requested changes to the gravity level of some violations, the CFIA agreed to five of the seven changes requested. The decision was made not to change the other two in order to maintain relativity with other similar violations.

In addition to the five industry associations, one dairy plant also responded during the prepublication period. The plant was concerned AMPs will be used to punish reputable industries, including those adopting HACCP (Hazard Analysis Critical Control Points), because of a few non-complying companies.

In response, the CFIA assured the plant that AMPs will be used to respond to serious or repeated violations of regulations, and will not be used to punish industry. The Agriculture and Agri-Food Administrative Monetary Penalties Act provides for written warnings to be issued as well as monetary penalties. The CFIA has now decided that AMPs will not apply to Canada Agricultural Products Act violations.

The National Dairy Council of Canada (NDC) also responded. The NDC is concerned that there is no other option to respond to non-compliance other than a monetary penalty. The NDC was also concerned that companies may receive multiple monetary penalties.

AMPs are an additional option to respond to non-compliance, and the CFIA acts and regulations provide many options for responding to non-compliance. These are outlined in a compliance and enforcement policy that has been shared with industry. The CFIA may respond with education, warnings, detention of product or even prosecution when non-compliance is found, depending on the nature of the violation and the compliance history of the contravenor. In response to the concern of industry receiving multiple penalties, the policy of the CFIA will be, in general, to issue only one monetary penalty per incident.

The Regulations have been changed to clarify section 10 of the Regulations. Subsection 10(3) has been created to clarify when payment of a monetary penalty is deemed to be received when the payment is made by mail. The definitions of harm in Part 3 of the Regulations have been modified to reflect the corrective and remedial nature of AMPs. The regulations have been revised to provide for an oral hearing to be held by the Review Tribunal at the request of the alleged violator.

Compliance and Enforcement

AMPs provide the CFIA regional managers with an additional option to respond to non-compliance. A compliance and enforcement policy is being developed to outline the various enforcement options available under the legislation administered and enforced by the CFIA.

Contact

Michelle LeBlanc, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342 (Telephone), (613) 228-6683 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act proposes to make the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations.

Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be addressed to M. LeBlanc, Enforcement and Compliance, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342 (Telephone), (613) 228-6653 (Facsimile), and cite the Canada Gazette, Part I, and the date of this notice.

Ottawa, September 4, 1999

LYLE VANCLIEF
Minister of Agriculture and Agri-Food

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES REGULATIONS

INTERPRETATION

1. For the purposes of these Regulations, "Act" means the Agriculture and Agri-Food Administrative Monetary Penalties Act.

VIOLATIONS

2. The contravention of a provision of the Health of Animals Act, the Pest Control Products Act or the Plant Protection Act, a regulation made under these Acts or 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 column 1 of an item of Schedule 1 is a violation that may be proceeded with in accordance with the Act.

SHORT-FORM DESCRIPTIONS

3. As established by the Minister pursuant to 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 an item of Schedule 1 is set out in column 2 of that item.

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 committed by an individual otherwise than in the course of 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 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 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 for each total gravity value, as established pursuant to section 6, that is set out in column 1 of an item of Schedule 2 in accordance with the calculation set out in column 2 of that item.

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:

(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

(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 by certified cheque or money order made payable to the Receiver General for Canada within 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, by certified cheque or money order made payable to the Receiver General for Canada 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 by certified cheque or money order made payable to the Receiver General for Canada; 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 1

HEALTH OF ANIMALS ACT (S.C. 1990, C. 21)

Item	Column 1 Provision of Health of Animals Act	Column 2 Short-form Description	Column 3 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 (b) Make any false or misleading statement to an inspector, an analyst or an officer	Serious Very serious
21.	35(2)	(a) Fail to give all reasonable assistance (b) Fail to furnish information	Very serious 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 (b) Alter or interfere with an animal or thing seized and detained	Very serious Serious
25.	48(3)	(a) Fail to comply with the prescribed notice to dispose of an animal or thing (b) Fail to comply with the prescribed notice to treat an animal or thing	Very serious Serious

DIVISION 2

HEALTH OF ANIMALS REGULATIONS (C.R.C., c. 296; SOR/91-525)

Item	Column 1 Provision of Health of Animals Regulations	Column 2 Short-form Description	Column 3 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
4.	9	Fail to comply with a quarantine notice	Very serious
5.	10(1)(a)	Import an animal without a permit	Very serious
6.	10(1)(b)	Import an animal without a certificate of origin	Serious
7.	10(1)(c)	Import an animal without a certificate of a veterinarian or with an incomplete certificate or a certificate containing a false statement	Serious
8.	13(2)	Import poultry that is not in new and clean containers	Serious
9.	14(1)	Import hatching eggs without the required certificate	Serious
10.	14(2)(a)	Import hatching eggs that are not in new and clean containers	Minor
11.	14(2)(b)	Import hatching eggs with dirty shells	Serious
12.	17(1)	Import a dog or domestic cat without the required certificate	Minor
13.	17(5)	Fail to comply with an order of an inspector	Serious
14.	18(1)	Import a dog without the required permit	Minor
15.	20(2)	(a) Import an animal without the required certificate	Very serious
		(b) Import an animal with a certificate that contains a false statement	Very serious
		(c) Import an animal with an incomplete certificate	Very serious
16.	20(7)	Import an animal that does not meet the conditions shown on the certificate	Serious
17.	20(8)	Fail to comply with the requirements of a permit	Serious
18.	21.1(1.1)	Import cattle without the required tattoo or eartag	Minor
19.	21.1(6)(a)	Fail to remove a show ruminant within 21 days after it has been imported	Serious
20.	21.1(6)(b)	Fail to present a show ruminant for verification of its removal	Minor
21.	21.2(6)	Move a feeder ruminant to a rodeo or show	Minor
22.	22(5)	Fail to transport a bovine as prescribed	Minor
23.	22(6)	Import a bovine from a sale or show that does not meet the prescribed requirements	Minor
24.	22(7)	Import a bovine that does not meet the prescribed residence requirements	Very serious
25.	22.1(6)	Move feeder cattle to a rodeo or show	Serious
26.	22.11(4)(a)	Import a feeder calf without approval of a quarantine place	Minor
27.	22.11(4)(b)	Import a feeder calf without the prescribed certificate	Minor
28.	22.11(4)(c)	Import a feeder calf more than eight hours after its inspection	Minor
29.	22.11(5)	Remove or cause to be removed a feeder calf from the place of entry without a licence	Minor
30.	22.11(6)	Transport or cause to be transported a feeder calf without a licence	Minor
31.	22.11(7)(a)	Transport or cause to be transported a feeder calf except to the approved quarantine	Minor
32.	22.11(7)(b)	Transport or cause to be transported a feeder calf except in the manner or within the time specified in the licence	Minor
33.	22.11(8)	(a) Fail to have a feeder calf slaughtered at a registered establishment	Minor
		(b) Fail to export or to have a feeder calf slaughtered within 20 weeks	Minor
34.	22.11(9)	Fail to have the carcass of a feeder calf disposed of within the authorized time or in the authorized manner or place	Minor
35.	22.11(10)(a)	Fail to have a post mortem examination performed on the carcass of a feeder calf	Minor
36.	22.11(10)(b)	Fail to dispose of the carcass of a feeder calf or fail to dispose of it as prescribed or within the required time	Minor
37.	22.4	Import a Camelidae without a permit	Serious
38.	22.5	Import a Cervidae without a permit	Serious
39.	25.1	Import a ferret without a rabies certificate	Minor
40.	26(1)	(a) Import a dog without a rabies certificate or a dog that has not been vaccinated against rabies during the preceding three years	Minor
		(b) Import a cat without a rabies certificate or a cat that has not been vaccinated against rabies during the preceding three years	Minor
41.	26.1(1)	Import a dog without the required permit or a dog that does not meet the conditions required by the permit	Minor
42.	26.1(2)	(a) Import more than two dogs for non-commercial purposes without the required permit	Minor
		(b) Import a dog that does not meet the conditions required by the permit	Minor
43.	27(2)	Import a chick from the United States that is not in a container that is new or has been cleaned and disinfected	Minor
44.	27(3.1)(a)	Import pigeons without proper identification	Minor
45.	27(3.1)(b)	Import pigeons without proper vaccination	Minor
46.	27(3.2)	Import an ostrich that does not meet the prescribed requirements	Serious
47.	28(1)	Import hatching eggs without a certificate	Minor
48.	28(2)(a)	Import hatching eggs that are not in containers that are new or have been cleaned and disinfected	Minor
49.	28(2)(b)	Import hatching eggs with dirty shells	Minor
50.	28(2)(c)	Import hatching eggs without the identity of the flock of origin on the container	Minor
51.	29(a)	Import a bird of the parrot family into Canada from the United States without a permit	Serious
52.	29.1(1)(c)	Import a bird of the parrot family into Canada from the United States without meeting the prescribed requirements	Serious
53.	29.1(1)(d)	Import a bird of the parrot family into Canada from the United States without meeting the prescribed requirements	Serious
54.	29.2(2)	Import honeybee eggs without a permit	Serious
55.	29.2(3)	Import a honeybee without a permit	Serious
56.	29.3	Import a fox, a skunk or a racoon without a permit	Minor
57.	29.4	Import a turtle, a turtoise or turtle or turtoise egg without a permit	Serious
58.	32	Import embryos without a permit	Serious
59.	33(2)	Remove a slaughter animal from the place of entry without a licence	Serious
60.	33(2.1)	Remove slaughter poultry from the place of entry without a licence	Serious
61.	33(3)	Transport a slaughter animal without a licence	Minor
62.	33(4)	Transport a slaughter animal to a place other than the designated establishment	Serious
63.	33(5)	Fail to slaughter a slaughter animal within four days	Serious
64.	33(6)	Fail to slaughter poultry within four days	Serious
65.	33(7)	Remove a live animal without authorization of an inspector	Serious
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.	35(a)	Import semen from a ruminant, pig or honeybee from the United States without a permit	Serious
72.	35(b)	Import semen from prescribed animals from a country, other than the United States, without a permit	Very serious
73.	36(2)(a)	Import semen without the required certificate or with an incomplete certificate or a certificate containing a false statement	Serious
74.	36(2)(b)	Import semen that is not marked as prescribed or in a container that is not sealed or in which the seal has been broken	Serious
75.	37(2)(a)	Remove animal semen from the place of entry in an unsealed container	Serious
76.	37(2)(b)	Remove animal semen to a place other than that prescribed	Serious
77.	38	Import animal semen that is contaminated	Serious
78.	39	Fail to comply with an order	Serious
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 without a permit	Very serious
125.	76(2)	Fail to keep a copy of the movement permit	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
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.	112(5)	Fail to have swine slaughtered as prescribed	Serious
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) Reload 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 reloading 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

PART 2

PEST CONTROL PRODUCTS ACT AND PEST CONTROL PRODUCTS REGULATIONS

DIVISION 1

PEST CONTROL PRODUCTS ACT

Item	Column 1 Provision of Pest Control Products Act	Column 2 Short-form Description	Column 3 Classification
1.	4(1)	Manufacture, store, display, distribute or use a control product under unsafe conditions	Very serious
2.	4(2)	(a) Package or label a control product in false, misleading or deceptive manner	Serious
		(b) Advertise a control product in false, misleading or deceptive manner	Minor
3.	5(1)(a)	Import or sell a control product not registered as prescribed	Very serious
4.	5(1)(b)	Import or sell a control product not conforming to prescribed standards	Very serious
5.	5(1)(c)	(a) Import or sell a control product not packaged as prescribed	Serious
		(b) Import a control product not labelled as prescribed	Serious
		(c) Sell a control product not labelled as prescribed	Very serious
6.	8(2)	Fail to give all reasonable assistance to an inspector or to provide an inspector with information	Minor
7.	9(1)	Hinder an inspector	Very serious
8.	9(2)	Make false or misleading statements to an inspector or officer	Serious
9.	9(3)	Remove from detention a control product without authorization	Very serious

DIVISION 2

PEST CONTROL PRODUCTS REGULATIONS (C.R.C., C. 1253)

Item	Column 1 Provision of Pest Control Products Regulations	Column 2 Short-form Description	Column 3 Classification
1.	6	Import, sell or use an unregistered control product	Very serious
2.	6.1	Fail to amend the certificate of registration of a control product upon request	Minor
3.	11(a)	Fail to provide a sample of a control product	Minor
4.	11(b)	Fail to provide a sample of the technical grade of a control product's active ingredient	Minor
5.	11(c)	Fail to provide a sample of a laboratory standard	Minor
6.	26	Fail to make a record of all quantities of a control product stored, manufactured or sold	Minor
7.	26(a)	Fail to retain the record for three years of all quantities of a control product stored, manufactured or sold	Minor
8.	26(b)	Fail to make a record of all quantities of a control product stored, manufactured or sold available upon request	Minor
9.	27(1)	Use an unapproved label on a control product	Serious
10.	43	Fail to store or display a control product in accordance with the conditions on the label	Serious
11.	45(1)	Use of a control product in a manner that is inconsistent with the label	Very serious
12.	45(2)	Use of a control product imported for own use in a manner that is inconsistent with the conditions on the importer's declaration	Very serious
13.	45(3)	Use of a control product designed for manufacturing use for any purpose other than manufacturing when it is exempt from registration	Very serious
14.	46(1)	Package a control product not as prescribed	Serious
15.	47(1)	(a) Fail to have a control product conform to the specifications in the register of control products	Very serious
		(b) Fail to have a control product bearing the label contained in the register of control products	Very serious
16.	53(3)	Alter or remove a detention tag without authorization	Very serious

PART 3

PLANT PROTECTION ACT AND REGULATIONS UNDER THE PLANT PROTECTION ACT

DIVISION 1

PLANT PROTECTION ACT (S.C. 1990, C. 22)

Item	Column 1 Provision of Plant Protection Act	Column 2 Short-form Description	Column 3 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 2

POTATO PRODUCTION AND SALE (CENTRAL SAANICH) RESTRICTION REGULATIONS (SOR/82-186)

Item	Column 1 Provision of Potato Production and Sale (Central Saanich) Restriction Regulations	Column 2 Short-form Description	Column 3 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 3

EGGPLANTS AND TOMATOES PRODUCTION (CENTRAL SAANICH) RESTRICTION REGULATIONS (SOR/82-448)

Item	Column 1 Provision of Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations	Column 2 Short-form Description	Column 3 Classification
1.	2	Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited area	Very serious

DIVISION 4

PLANT PROTECTION REGULATIONS
(SOR/95-212)

Item	Column 1 Provision of Plant Protection Regulations	Column 2 Short-form Description	Column 3 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

SCHEDULE 2
(Subsection 5(3))

PENALTY ADJUSTMENTS

Item	Column 1 Total Gravity Value	Column 2 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

Item	Column 1 Gravity Value	Column 2 History
1.	0	No previous violations or offenses have been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation subject to the assessment is committed.
2.	3	No more than one previous minor or serious violation has been committed under the Act or Regulations under which the particular penalty is being assessed in the three years preceding the day on which the violation subject to the assessment is committed.
3.	5	The history in the three 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

Item	Column 1 Gravity Value	Column 2 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 reoccurrence.
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

Item	Column 1 Gravity Value	Column 2 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 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.

[36-1-o]

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