SETTLEMENT  2

I. BACKGROUND  2

II. OFFER TO SETTLE  2

III. THE SETTLEMENT  3

IV. ORDER  3

SETTLEMENT

 I.  BACKGROUND

[1]  On July 27 2017, it is alleged that the Applicant, Ms. Eniko Vass Dezso, imported to Canada an animal by-product, namely salami, without a certificate or permit to do so and did not declare this product to an inspector, thereby contravening section 40 of the Health of Animals Regulations. Consequently, the Canada Border Services Agency (Agency) issued her Notice of Violation # 7023-17-0109 with penalty of $800 for a “serious” violation of the law.

[2]  On January 24, 2018, the Minister of Public Safety and Emergency Preparedness’ (the Minister) delegate issued decision # 17-02770, confirming the issuance of Notice of Violation # 7023-17-0109 with penalty of $800.   

[3]  Ms. Vass Dezso applied to the Canada Agricultural Review Tribunal (Tribunal) for a review of the Minister’s delegate’s decision pursuant to paragraph 13(2)(b) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

II.  OFFER TO SETTLE

[4]  On May 30, 2018, the Agency, who represents the Minister in these matters, presented an offer to settle the case to Ms. Vass Dezso. 

[5]  Following this proposal, the Notice of Violation #7023-17-0109 would become a Notice of Violation with warning, and the violation by Ms. Vass Dezso would remain in the Agency’s records for a period of five years.

[6]  Ms. Vass Dezso accepted this proposal via email on June 7, 2018.

[7]  The Agency proceeded to withdraw Notice of Violation # 7023-17-0109 with penalty of $800, replacing it with Notice of Violation 7023-18-0134, issued with warning.

III.  THE SETTLEMENT

[8]  This agreement constitutes a settlement between the parties. This is not an order of the Tribunal which can be the subject of a judicial review application pursuant to subsection 12(2) of the Canada Agricultural Products Act (CAP Act).

[9]  This settlement agreement constitutes a final settlement of the rights of both parties in relation to docket CART-CRAC-1979 and the events which occurred on July 27, 2017.

[10]  As was described in the Agency’s settlement offer letter, a violation in the name of Ms. Vass Dezso will remain in the Agency’s records for the next five years.

[11]  This settlement should not be cited as a precedent or otherwise relied on except in relation to the current settlement.

IV.  ORDER

[12]  As requested by the parties and pursuant to the powers attributed to it by section 8 of the CAP Act, the Tribunal, by ORDER, confirms the settlement agreement. 

Dated at Ottawa, Ontario, on this 8^th day of August 2018.

Luc Bélanger

Chairperson

Canada Agricultural Review Tribunal