COSTS

125. (1) Subsection 44(1) of the Act is replaced by the following:

Recovery of costs for inspections, etc.

44. (1) Her Majesty may recover from any person referred to in subsection (2) any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including, without limiting the generality of the foregoing,

    (a) the inspection, treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; and

    (b) the confiscation, forfeiture or disposal of a thing under this Act or the regulations.

(2) Subsection 44(2) of the English version of the Act is replaced by the following:

Persons liable

(2) The costs are recoverable jointly and severally, or solidarily , from the owner or occupier of the place or owner of the thing and from the person having the possession, care or control of it immediately before its inspection, treatment, testing, analysis, quarantine, storage, removal, return or disposal or, in the case of a thing confiscated, forfeited or disposed of under this Act or the regulations, immediately before its confiscation, forfeiture or disposal.

126. Section 45 of the Act is repealed.

1993, c. 34, s. 102

127. Section 46 of the English version of the Act is replaced by the following:

Unpaid costs

46. Any costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.

128. (1) Paragraph 47(e) of the Act is replaced by the following:

    (e) respecting the presentation of things, including documents, for the purposes of this Act at points of entry;

(2) Paragraph 47(m) of the Act is replaced by the following:

    (m) respecting the disposition of things forfeited or confiscated under this Act;

1993, c. 34, s. 103

(3) Section 47 of the Act is amended by adding the word ``and'' after paragraph (p) and by repealing paragraphs (r) and (s).

129. The Act is amended by adding the following after section 47:

Incorporation by reference of externally produced material

47.1 (1) A regulation may incorporate by reference material produced by a person or body other than the Agency, including

    (a) an organization established for the purpose of writing standards;

    (b) an industrial or trade organization; and

    (c) a government, government agency or international body.

Reproduced or translated material

(2) A regulation may incorporate by reference material that the Agency reproduces or translates from material produced by the other person or body

    (a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or

    (b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

Jointly produced material

(3) A regulation may incorporate by reference material that the Agency produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(4) A regulation may incorporate by reference technical or explanatory material that the Agency produces, such as

    (a) specifications, classifications, illustrations, graphs and other information of a technical nature; and

    (b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

Incorporation as amended from time to time

(5) A regulation may incorporate by reference material as amended from time to time.

Incorporated material is not a regulation

(6) Material that is incorporated by reference in a regulation is not a regulation for the purposes of the Statutory Instruments Act.

Defence

47.2 No person may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,

    (a) the material was reasonably accessible to the person;

    (b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

    (c) the material had been published in the Canada Gazette.

130. The portion of section 49 of the Act before paragraph (a) is replaced by the following:

Failure to comply with notices

49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, or 36 or the regulations is guilty of

1995, c. 40, s. 85

131. Sections 51 to 57 of the Act are replaced by the following:

Continuing offences

51. A contravention of this Act or the regulations that is committed or continued on more than one day is deemed to constitute a separate offence for each day on which the contravention is committed or continued.

Offences by corporate officers, etc.

52. If a corporation commits an offence under this Act, any officer, director, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted.

Offences by employees, agents or mandataries

53. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the accused exercised all due diligence to prevent the commission of the offence.

Place of trial

54. A prosecution for an offence under this Act may be instituted, heard and determined in the place where

    (a) the offence was committed or the subject-matter of the prosecution arose;

    (b) the accused was apprehended; or

    (c) the accused happens to be, or is carrying on business.

Additional fine

55. A court that convicts a person for an offence under this Act may, if satisfied that the person acquired monetary benefits or that monetary benefits accrued to the person as a result of committing the offence, order the person to pay an additional fine above the maximum amount of any fine that may otherwise be imposed, in an amount equal to the court's finding of the amount of those monetary benefits.

Revoking permits, etc.

56. If a person is convicted of an offence under this Act in respect of any matter relating to any activity under a permit, certificate or other document issued under this Act, the convicting court may, by order, in addition to any punishment imposed,

    (a) revoke the permit, certificate or other document or suspend it for any period that the court considers appropriate; and

    (b) prohibit the person to whom the permit, certificate or other document was issued from applying for any permit, certificate or other document under this Act during any period that the court considers appropriate.

Orders of court

57. If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

    (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

    (b) directing the person to compensate the Minister or the Agency, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Minister or the Agency as a result of the commission of the offence;

    (c) directing the person to perform community service in accordance with any conditions that may be specified in the order;

    (d) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences;

    (e) directing the person to provide security in a form and in an amount satisfactory to the court for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; and

    (f) directing the person to submit to the Agency, on application by the Agency within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances.

Suspended sentence

57.1 (1) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to making a probation order under that paragraph, make an order directing the person to comply with any prohibition, direction or requirement mentioned in section 57.

Imposition of sentence

(2) If a person whose sentence has been suspended fails to comply with an order made under subsection (1) or is convicted, within three years after the day on which the order was made, of another offence under this Act, the court may, on the application of the Attorney General of Canada, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Contraven-
tion of order

57.2 Every person convicted of an offence under this Act who subsequently contravenes an order made under section 57 or 57.1 is

    (a) guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person is liable on summary conviction for the original offence; or

    (b) guilty of an indictable offence and liable to a punishment not exceeding the maximum punishment to which a person is liable on conviction on indictment for the original offence.

Limitation period

57.3 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than two years after the time when the subject-matter of the proceedings arose.

Publication of facts of offence

57.4 If a person is convicted of an offence under this Act, the Minister or the Agency may publish the facts of the offence and recover the costs of publication from the person.

Recovery of fines

57.5 If a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

Debt due to Her Majesty

57.6 (1) If the court makes an order under section 57 directing a person to pay an amount of money or the Minister or the Agency pays publication costs under section 57.4, the amount and any interest payable on it constitute a debt due to Her Majesty and may be recovered as such in a court of competent jurisdiction.

Limitation on recovery

(2) A debt due to Her Majesty under this section may be recovered at any time within the five-year period following the time when the debt became due.

EVIDENCE

Certificates and reports

57.7 (1) In proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or President , or of an inspector, purporting to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

Copies and extracts

(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record, book of account or other document that is made by the Minister or President , or by an inspector, and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

Presumed date of issue

(3) A document referred to in this section is, in the absence of evidence to the contrary, deemed to have been issued on the date that it bears.

Notice

(4) No document referred to in this section shall be received in evidence unless the party intending to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy or extract.

Transitional - rules

132. Until rules made under subsection 43(1) of the Plant Protection Act come into force, the rules respecting the conduct of appeals mentioned in section 40 of that Act and the procedure for bringing those appeals are the rules made under section 18 of the Pesticide Residue Compensation Act respecting the procedure for bringing appeals to the Assessor under that Act and the conduct of those appeals, to the extent that those rules are not inconsistent with sections 40 to 42 of the Plant Protection Act.

Transitional - pending appeals

133. An appeal brought under section 40 of the Plant Protection Act before the day on which subsection 115(2) of this Act comes into force shall be heard by the Assessor, within the meaning of section 3 of that Act on the day on which subsection 115(2) of this Act comes into force, unless the Assessor, within the meaning of section 3 of that Act, had, before that day, commenced to hear it, in which case it will continue to be heard by that Assessor.