The stockyard staff would not accept the sheep until they were tagged. After requesting and receiving instruction from a CFIA inspector on how to apply the tags, Nalli went into his trailer and tagged seven sheep with approved tags. The CFIA inspector recorded the tag numbers and later, when tracing to whom the approved tags had been issued, found they were registered to Nalli and not to his neighbour who owned the sheep.
In its decision on the review of the notice of violation, the
Tribunal accepted that Nalli was acting in good faith without fee to help a
neighbour and that he was undoubtedly apologetic for using his own tags on his
neighbours sheep. The Tribunal also
noted that, while it is regrettable that Nalli’s efforts to help a neighbour
resulted in his committing a regulatory violation, the Tribunal is only
permitted, under its enabling statutes, to assess the validity of the notice of
violations issued by the agencies it oversees.
Read the decision at: Nalli v. Canada (CFIA).
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