Search - contravention

Contravention Order #NC 2218 of which I am upholding requires that Balzer Canada Inc. to (a) cease the discriminatory action against Mr. ... Granger. [14] According to part (c) of Contravention Order No. NC 2218, Balzer was required to "compensate Mr. ... Balzer was required to "compensate" the Appellant for loss of earnings under the terms of Contravention Order No. ...

It permits the Minister (in this case of violations under the Health of Animals Act, the Minister of Agriculture and Agri-Food) to make regulations enabling the administrative monetary penalty scheme to be used for contraventions of an agri-food act: 4 ... The contravention of a provision of the Health of Animals Act or the Plant Protection Act or of a regulation made under these Acts, or the contravention of an order — or class of orders — made by the Minister under the Plant Protection Act, or the refusal or neglect to perform any specified duty — or class of duties — imposed by or under the Health of Animals Act or the Plant Protection Act that is set out in column 1 of an item of Schedule 1, is a violation that may be proceeded with in accordance with the Act. 2.   ...   [14]            Pursuant to the combination of section 3 and Schedule 1 of the AAAMP Regulations, the contravention of subsection 35(1) of the Heath of Animals Act is split into two-short-form descriptions, carrying two different classifications, and therefore, two different penalties: 3.   ...

Procedural and jurisdictional issues [16]            Although the findings made by the delegate with respect to the contravention committed by the applicant and the penalty imposed on the applicant are closely linked, legally speaking, they must be treated as separate decisions. ... Rather, he contends that the impact of his contravention of the Customs Act, which was admitted, was too harsh as it indirectly cost him his NEXUS membership for the next 6 years. ... With regards to the penalty assessed, the terms of release are based on the nature of the contravention and the type of commodity. ...

He failed to declare to customs that he had $9,850 CAD and $415 USD in cash in his possession, in contravention of subsection 12(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17 [Act]. ... Walsh’s contravention of the Act and specified that the seized currency would be held as forfeit. ... Walsh’s contravention of subsection 12(1) of the Act and indicated that he would not be exercising his discretion (as provided for in section 29 of the Act) to return the seized currency, which would be held as forfeit. [15]   The minister itemized the documentation submitted by Mr. ...

The Minister’s delegate concluded, as provided for at section 131 of the Customs Act, there had been a contravention of this reporting requirement. ... Is an action commenced pursuant to section 135 of the Customs Act limited to a determination of whether there has been a contravention of the Customs Act? ... Is an action pursuant to section 135 of the Customs Act limited to a determination of whether there has been a contravention of the Customs Act? ...

However, s. 113 provides that no seizure may be made under the Act more than six years after the contravention.  ... No seizure may be made under this Act or notice sent under section 124 more than six years after the contravention or use in respect of which such seizure is made or notice is sent. 113. ... Zolotow as a seizure made where there has been a contravention of the Act by the importer.  ...

:—This is an appeal from a judgment rendered by Judge John O’Meara, on June 10, 1963, which reads as follows: ‘‘In the present case, the defendant was charged with failure to comply with a demand by the Minister, made upon him by registered letter, requiring him to file with the Minister a return of income (Tl, 1961) in virtue of 8. 126 ss. 2 & 6 of the Act and in contravention of the dispositions of 8S. 131 ss. 2 of the Act. ... The Court approves the remarks of Judge O’Meara, where he says: ‘ it becomes clear that the evil envisaged by the non-compliance with or by the contravention of the said sections of the Act is one which goes to the very heart of the administration and perception of the revenue of the state, and a failure on the part of any person to comply with such dispositions or such person to contravene the same, may, in the given circumstances, be considered almost as a fraud perpetrated upon the constituted agency of Government to which is entrusted the administration and enforcement of the Act.”’ ...

(Toronto, Butterworths, 2002) at p. 20). [21]            The Respondent points out that goods become forfeit from the time of contravention of the Act. ... Forfeiture is merely the legal, inescapable consequence of the commission of the contravention, [1935] S.C.R. 513 "> R. v. ... First of all, the ascertained forfeiture is not a penalty but is the legal, inescapable consequence of the commission of a contravention. ...

.): [54]      In my view, Parliament has insulated from appeal the penalty imposed in the event there is found to be a contravention of the Act. ... Nguyen had not reported the alleged importation of the ring in contravention of s. 12 of the Act.   ... Accordingly, a determination made pursuant s. 133 of the Act may often be dependent on a finding of a contravention of the Act.  ...

                                       (3) The Minister's decision under subsection (1) is not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by subsection 135(1).                                        132. (1) Subject to this or any other Act of Parliament,                                        (a) where the Minister decides, under paragraph 131(1)(a) or (b), that there has been no contravention of this Act or the regulations in respect of the goods or conveyance referred to in that paragraph, or, under paragraph 131(1)(b), that the conveyance referred to in that paragraph was not used in the manner described in that paragraph, the Minister shall forthwith authorize the removal from custody of the goods or conveyance or the return of any money or security taken in respect of the goods or conveyance; and                                        (b) where, as a result of a decision made by the Minister under paragraph 131(1)(c) or (d), the Minister decides that a penalty that was assessed under section 109.3 is not justified by the facts or the law, the Minister shall forthwith cancel the assessment of the penalty and authorize the return of any money paid on account of the penalty and any interest that was paid under section 109.5 in respect of the penalty.                                       ...                                        133. (1) Where the Minister decides, under paragraph 131(1)(a) or (b), that there has been a contravention of this Act or the regulations in respect of the goods or conveyance referred to in that paragraph, and, in the case of a conveyance referred to in paragraph 131(1)(b), that it was used in the manner described in that paragraph, the Minister may, subject to such terms and conditions as the Minister may determine,                                        (a) return the goods or conveyance on receipt of an amount of money of a value equal to an amount determined under subsection (2) or (3), as the case may be;                                       ...                                        135. (1) A person who requests a decision of the Minister under section 131 may, within ninety days after being notified of the decision, appeal the decision by way of an action to the Federal Court"Trial Division in which that person is the plaintiff and the Minister is the defendant ... A-518-93, unreported decision dated April 21, 1997 (F.C.A.), that only the defendant"s decision as to whether there was a contravention or use under section 131 of the Act can be appealed under section 135. [8]      I agree with the defendant on this point. ... Even were it to be accepted that such terms and conditions were necessarily imposed, it is conceivable at this point, as counsel for the plaintiff argued, that the statement of claim challenges primarily the defendant"s initial decision under section 131 of the Act, which confirmed that in the circumstances the vehicle was in fact made use of to transport goods in contravention of the Act. [10]      Paragraph 13 of the statement of claim and the first prayer therein for relief are favourable to this interpretation, as they seek to have the seizure quashed. ...