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An Administrative Monetary Penalty is a civil penalty imposed by a regulator for a contravention of an Act, regulation or by-law. [1] It is issued upon discovery of an unlawful event, and is due and payable subject only to any rights of review that may be available under the AMP's implementing scheme. [1]
Guindon v Canada, 2015 SCC 41 is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the Canadian Charter of Rights and Freedoms. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts.
An independent, quasi-judicial tribunal that reviews agricultural and agri-food administrative monetary penalties issued to those who have allegedly "contravened federal rules pertaining to: the import of animal and plant products; the humane transport of livestock; the use of pesticides; or the inspection of plants, animals and meats."
The Canada Agricultural Review Tribunal is an independent, quasi-judicial regulatory appellate tribunal, established in 1983 by the Parliament of Canada, through section 4.1 of the Canada Agricultural Products Act. The tribunal acts to "balance the rights of Canadians with the protection of health and well-being of Canadian consumers and the ...
the issuance of a notice of violation requiring the payment of an administrative monetary penalty assessed by the Commissioner; the seeking of a court injunction; the seeking of a court order for the judicial deregistration of a political party; the negotiation of a compliance agreement; and
Canadian administrative law is the body of law "that applies to all administrative decisions, whether issued by front-line officials, ministers, economic regulatory agencies, or administrative tribunals, with interpretations of law and exercises of discretion subject to the same . . . rules."
The government website offers insight and detailed information on both the implementation and the enforcement of spam legislation. According to the Canadian government, the Canadian Radio-television and Telecommunications Commission (CRTC) [3] will be the enforcement agency and issue administrative monetary penalties for violations of the spam legislation.
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a high burden of proof, such as "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into very large sums, it would be uncomfortable to subject citizens to ...