| Citation:
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Aydi v. Canada (Minister of Public Safety and Emergency Preparedness), 2018 CART 5
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| Date:
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| Docket: CART/CRAC‑
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| BETWEEN:
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| APPLICANT
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| ‑ and ‑
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| Minister of Public Safety and Emergency Preparedness,
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| RESPONDENT
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| [Translation of the official version in French]
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| BEFORE:
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Geneviève Parent
Member
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| WITH:
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| In the matter of an application made by the applicant, pursuant to paragraph 13(2)(b) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, for a review of a decision of the Minister of Public Safety and Emergency Preparedness of Canada relating to a violation of subsection 16(1) of the Health of Animals Act, alleged by the respondent.
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| DECISION RENDERED FROM THE BENCH
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| At a hearing held on May 29, 2018, the Canada Agricultural Review Tribunal approved, by ORDER, a settlement agreement between the parties pursuant to which Notice of Violation #3961-16-2067 becomes a notice of violation with warning.
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| Hearing held in Montréal, Quebec, on May 29, 2018
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II. DECISION RENDERED FROM THE BENCH
REASONS FOR DECISION
I.
BACKGROUND
[1] It is alleged that on October 8, 2016, the applicant, Malek Aydi, attempted to import an animal byproduct, namely, salted meat, without holding a certificate or permit for this purpose and without having declared or presented the animal byproduct to an inspector, contrary to subsection 16(1) of the Health of Animals Act. Consequently, the Canada Border Services Agency issued Notice of Violation # 3961-16-2067 with a penalty of $1,300 to Mr. Aydi for a “very serious” violation of the Act.
[2] In decision # 16-04197 dated June 9, 2017, the Minister of Public Safety and Emergency Preparedness Canada (the Minister) confirmed Notice of Violation # 3961-16-2067.
[3] Pursuant to paragraph 13(2)(b) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Mr. Aydi requested that the Canada Agricultural Review Tribunal (the Tribunal) review the Minister’s decision.
II.
DECISION RENDERED FROM THE BENCH
[4] At the hearing held on May 29, 2018, the parties concluded a settlement agreement under which Notice of Violation #3961-16-2067 becomes a notice of violation with warning.
[5] Pursuant to the powers conferred on it by section 8 of the Canada Agricultural Products Act, the Tribunal, by ORDER, approves this agreement from the Bench.
Dated at Montréal, Quebec, this 29th day of May 2018.
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Geneviève Parent
Part-time Member
Canada Agricultural Review Tribunal