SETTLEMENT

I.  BACKGROUND

[1]  On August 20, 2017, it is alleged that the Applicant, Ms. Halina Poszwa, imported to Canada an animal by‑product, namely sausages, without a certificate or permit to do so and did not declare this product to an inspector, thereby contravening section 16 of the Health of Animals Act. Consequently, the Canada Border Services Agency (Agency) issued her Notice of Violation 7011‑17‑0648 with penalty of $1,300 for a “very serious” violation of the law.

[2]  On June 6, 2018, the Minister of Public Safety and Emergency Preparedness’ (the Minister) delegate issued decision 17‑03046, confirming the issuance of Notice of Violation 7011‑17‑0648 with penalty of $1,300.

[3]  Ms. Poszwa 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 August 3, 2018, the Agency, who represents the Minister in these matters, presented an offer to settle the case to Ms. Poszwa.

[5]  Following this proposal, the Notice of Violation 7011‑17‑0648 would become a Notice of Violation with warning, and the violation by Ms. Poszwa would remain in the Agency’s records for a period of five years in accordance with section 23 of the Agriculture and Agri‑Food Administrative Monetary Penalties Act.

[6]  Ms. Poszwa accepted this proposal by way of a letter attached to an email received by the Tribunal on August 13, 2018.

[7]  The Agency proceeded to withdraw Notice of Violation 7011‑17‑0648 with penalty of $1,300, replacing it with Notice of Violation 7011‑18‑0579, 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‑1987 and the events which occurred on August 20, 2017.

[10]  As was described in the Agency’s settlement offer letter, a violation in the name of Ms. Poszwa 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 3^rd day of October 2018.

Luc Bélanger

Chairperson

Canada Agricultural Review Tribunal