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

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Vol. 144, No. 22 — October 27, 2010

Registration

SOR/2010-215 October 12, 2010

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

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

Ottawa, October 8, 2010

GERRY RITZ
Minister of Agriculture and Agri-Food

REGULATIONS AMENDING THE AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES REGULATIONS

AMENDMENTS

1. Section 5 of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (see footnote 1) 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 business and that is not committed to obtain a financial benefit is

(a) $500, for a minor violation;

(b) $800, for a serious violation; and

(c) $1300, for a very serious violation.

(2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of business or in order to obtain a financial benefit is $1,300.

(3) The amount of the penalty in respect of a violation that is committed by a person in the course of business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.

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



Item

Column 2

History

2.

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 five years preceding the day on which the violation subject to the assessment is committed.

3.

The history in the five years preceding the day on which the violation subject to the assessment is committed is other than the history set out in item 1 or 2.

COMING INTO FORCE

3. 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.)

Issue and objectives

The Agriculture and Agri-Food Administrative Monetary Penalties (AAMPs) scheme is a system designed as an alternative to the existing penal system (prosecution).

The objective of this amendment is to raise the amount of the penalties to a level that would make them an effective deterrent to non-compliance. Fine levels were set 10 years ago and there have been no increases.

Description and rationale

The objective of the AAMPs scheme is to supplement existing enforcement measures for violations of listed provisions of acts and regulations enforced by the Canadian Food Inspection Agency (CFIA). Provisions of the Plant Protection Act and the Health of Animals Act are listed.

The AAMPs Regulations classified violations as minor, serious and very serious and also distinguishes between violations that are committed in the course of business and those that are not.

The amounts of the penalties for violations committed in the course of business are currently set at $500 for a minor violation, $2,000 for a serious violation, and $4,000 for a very serious violation.

For individuals committing violations, otherwise than in the course of business, the penalty amounts in the Regulations are currently set at $100 for a minor violation, $200 for a serious violation and $400 for a very serious violation.

This amendment raises the amounts of the penalties to $1,300 for a minor violation, $6,000 for a serious violation, and $10,000 for a very serious violation, for violations committed in the course of business; and to $500 for a minor violation, $800 for a serious violation and $1,300 for a very serious violation for violations committed other than in the course of business.

The Regulations also allow for the penalty amounts to be increased if the regulated party has a history of similar violations within the three previous years. This amendment will allow violations in the five previous years to be taken into account.

Implementation, enforcement and service standards

Under the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canadian Food Inspection Agency (CFIA) may issue administrative monetary penalties as an enforcement measure to encourage compliance. AAMPs applies to violations of the Health of Animals Act and the Plant Protection Act.

The regulatory amendment to raise the AAMPs penalty amounts will be communicated to inspectors and investigators. Regulated parties will be made aware of both the increased penalty amounts and the fact that a longer period of compliance history (five years instead of three years) will be taken into account when determining the penalty amount. The fine increases will come into force immediately.

This amendment does not change any requirements for regulated parties. There will be no adjustments to the current compliance and enforcement strategy. No additional resources will be required.

Contact

Scott Rattray
Acting Director
Enforcement and Investigation Services
Canadian Food Inspection Agency
177 Colonnade Road
Ottawa, Ontario
K1A 0Y9

Footnote a
S.C. 1995, c. 40

Footnote 1
SOR/2000-87; SOR/2003-257