| Inspection
certificate, etc.
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40. An inspector who is satisfied that a
regulated product meets the requirements of
an Act mentioned in subsection 11(1) or its
regulations may
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| Reinspection
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41. A person who is dissatisfied with a
decision of an inspector taken as a result of an
inspection, other than a decision that is based
on health and safety, may request a
reinspection in accordance with the
regulations.
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Order to Remove Unlawful Importation |
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| Removal of
unlawful
importations
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42. (1) An inspector who believes on
reasonable grounds that food or an
agricultural or aquatic commodity or
agricultural input has been imported in
contravention of any Act mentioned in
subsection 11(1) or its regulations may require
its owner or the person having the possession,
care or control of the food, commodity or
input to remove it from Canada.
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| Notice
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(2) The requirement shall be communicated
by sending, including by personal delivery, a
notice to the owner or person having the
possession, care or control of the food,
agricultural or aquatic commodity or
agricultural input. The notice may specify the
period within which and the manner in which
it is to be removed from Canada.
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Restricting or Prohibiting Movement |
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| Restricting or
prohibiting
movement
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43. (1) An inspector may, during an
inspection or at any other time, restrict or
prohibit the movement of a regulated product
in order to determine whether the regulated
product meets the requirements of the Acts
mentioned in subsection 11(1) and their
regulations.
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| Notice of
restriction or
prohibition
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(2) The restriction or prohibition shall be
communicated by sending, including by
personal delivery, a notice to the owner or
person having the possession, care or control
of the regulated product.
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| Rescission
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(3) The inspector shall without delay
rescind the restriction or prohibition if the
inspector determines that the regulated
product meets those requirements.
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| Notice of
rescission
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(4) The rescission shall be communicated
by sending, including by personal delivery, a
notice to the person to whom the notice
mentioned in subsection (2) was delivered or
given.
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Seizure |
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| Power to seize
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44. (1) In the course of exercising any
powers under section 34, an inspector may
seize and detain any regulated product or other
thing if the inspector believes on reasonable
grounds it is a thing by means of or in relation
to which an offence against an Act mentioned
in subsection 11(1), or a violation, was
committed or it affords evidence of such an
offence or violation.
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| Limitation
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(2) An inspector shall not seize any thing
under subsection (1) unless the thing is
required as evidence or for purposes of
analysis or the inspector is of the opinion that
the seizure is otherwise necessary for the
administration or enforcement of any Act
mentioned in subsection 11(1).
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| Seizure when
movement
restricted or
prohibited
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45. If the movement of a regulated product
is restricted or prohibited under subsection
43(1) and an inspector determines that the
regulated product does not meet the
requirements of the Acts mentioned in
subsection 11(1) or their regulations, the
inspector may seize the regulated product
without delay.
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Searches |
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| Searches
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46. (1) An inspector or a peace officer with
a warrant issued under this section may enter
and search any place, including a conveyance,
in which the inspector or peace officer
believes on reasonable grounds there is a
regulated product or other thing by means of
or in relation to which an offence against an
Act mentioned in subsection 11(1) has been
committed or that will afford evidence of such
an offence.
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| Authority to
issue warrant
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(2) If on ex parte application a provincial
court judge or a justice of the peace is satisfied
by information on oath that there are
reasonable grounds to believe that there is in
any place, including a conveyance, a
regulated product or other thing referred to in
subsection (1), the judge or justice may issue
a warrant authorizing the inspector or peace
officer named in the warrant to enter and
search the place for the regulated product or
other thing, subject to any conditions
specified in the warrant.
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| Form of
warrant
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(3) A warrant issued under subsection (2)
may be in any form that the provincial court
judge or the justice of the peace considers
appropriate.
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| Telewarrant
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(4) If an inspector or a peace officer
believes on reasonable grounds that there is in
any place, including a conveyance, a
regulated product or other thing by means of
or in relation to which an offence against an
Act mentioned in subsection 11(1) has been
committed or that will afford evidence of such
an offence and that it would be impracticable
to appear personally before a provincial court
judge or a justice of the peace to make
application for a warrant under subsection (2),
a warrant may be issued under this section by
telephone or other means of
telecommunication on an information
submitted by telephone or other means of
telecommunication and, for that purpose,
section 487.1 of the Criminal Code applies,
with any modifications that the circumstances
require.
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| When warrant
not necessary
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(5) An inspector may exercise the power of
search referred to in subsection (1) without a
warrant if the conditions for obtaining a
warrant exist but by reason of exigent
circumstances it would not be practical to
obtain one.
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| Execution of
search warrant
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(6) A warrant shall be executed by day
unless the judge or justice authorizes its
execution by night.
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| Powers during
search
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(7) In carrying out a search of a place or
conveyance under this section, an inspector
may exercise any power mentioned in section
34, 36, 38 or 44.
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DISPOSITION OF THINGS SEIZED |
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| Notice of
reason for
seizure
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47. An inspector who seizes a regulated
product or any other thing under this Act shall,
as soon as is practicable, advise the owner of
the thing or the person having the possession,
care or control of it at the time of its seizure of
the reason for the seizure.
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| Storage,
removal,
disposal, etc.
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48. (1) An inspector who seizes a regulated
product or any other thing under this Act, or
any person authorized to do so by the
inspector, may
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| Proceeds
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(2) The net proceeds from a disposition
under paragraph (1)(c) are to be paid to the
Receiver General.
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| Notice
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(3) A requirement under paragraph (1)(b)
shall be communicated by sending, including
by personal delivery, a notice to the owner or
person having the possession, care or control
of the seized thing. The notice may specify, as
the case may be, the period within which the
seized thing is to be removed, the period for
which it is to be stored, treated or quarantined
and the manner in which it is to be removed,
stored, treated or quarantined.
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| Notice for
removal or
disposal
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49. If an inspector believes on reasonable
grounds that a regulated product seized or the
movement of which is restricted or prohibited
under this Act does not meet the requirements
of an Act mentioned in subsection 11(1) or its
regulations, the inspector may
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| Re-delivery
on deposit of
security
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50. The court in which proceedings are or
may be brought for an offence against any Act
mentioned in subsection 11(1) may order the
return of any thing seized under this Act or of
the net proceeds from its disposition to the
person from whom it was seized if the person
provides the Agency with security in a form
and in an amount satisfactory to the court. The
Tribunal may make a similar order in the case
of a violation.
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| Duration of
detention
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51. (1) Subject to subsection (2), any thing
seized under this Act or the net proceeds from
its disposition may not be detained after
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| Exception
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(2) If proceedings are instituted in relation
to any thing seized under this Act, the seized
thing or the net proceeds from its disposition
may be detained until the proceedings are
concluded.
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| Application
for return
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(3) If proceedings are instituted in relation
to any thing seized under this Act and the
seized thing has not been disposed of or
forfeited under this Act, its owner or the
person having the possession, care or control
of it at the time of its seizure may apply, in the
case of a violation, to the Tribunal, and in the
case of an offence, to the court before which
the proceedings are being held, for an order
that it be returned.
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| Order
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(4) After hearing the application, the
Tribunal or court may order the seized thing to
be returned, subject to any conditions
necessary to ensure its preservation for any
purpose for which it may subsequently be
required, if the Tribunal or the court is
satisfied that sufficient evidence exists or may
reasonably be obtained without further
detaining it and
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FORFEITURE |
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| Unclaimed
goods
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52. (1) Any thing seized under this Act is,
despite section 51, forfeited to Her Majesty in
right of Canada if the owner or the person
entitled to its possession does not claim it
within sixty days after the date of its seizure.
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| Exception
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(2) Subsection (1) does not apply if
proceedings have commenced in relation to
the violation or offence in respect of which the
thing was seized.
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| Non- compliance with removal or disposal notice
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53. If a person who is given a removal or
disposal notice under section 42 or 49 does not
comply with the notice within the period
specified in it, the regulated product to which
the notice relates is, despite section 51,
forfeited to Her Majesty in right of Canada.
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| Ownership
not
ascertainable
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54. If the ownership of any thing seized
under this Act cannot be ascertained within a
reasonable time despite reasonable attempts
to find the owner, the thing is, despite section
51, forfeited to Her Majesty in right of
Canada.
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| Forfeiture
certificate
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55. When a thing is forfeited under section
52, 53 or 54 , the Agency shall provide its
former owner or the person having the
possession, care or control of it at the time it
was seized with a forfeiture certificate.
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| Commission
of offence or
violation -
regulated
products
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56. (1) If the Tribunal or the Minister, after
conducting a review, decides that a person has
committed a violation, or if a person is
convicted of an offence against an Act
mentioned in subsection 11(1), any regulated
product seized under this Act by means of or
in relation to which the violation or offence
was committed or the net proceeds from its
disposition is forfeited to Her Majesty in right
of Canada.
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| Commission
of offence or
violation -
other things
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(2) If the Tribunal or the Minister, after
conducting a review, decides that a person has
committed a violation, or if a person is
convicted of an offence under any Act
mentioned in subsection 11(1), the Tribunal,
the Minister or the convicting court may, on
their own motion or at the request of any party
to the proceedings, in addition to any penalty
or punishment imposed, order the forfeiture to
Her Majesty in right of Canada of any thing
seized under this Act, other than a regulated
product, by means of or in relation to which
the violation or offence was committed or of
the net proceeds realized from its disposition.
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| Consensual
forfeiture
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57. If the owner of a thing seized under this
Act consents, at any time, to its forfeiture, the
thing is forfeited to Her Majesty in right of
Canada.
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| Disposal of
forfeited
things
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58. A thing that is forfeited under this Act
may be disposed of in the manner that the
President considers appropriate.
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| Return of
thing seized if
no forfeiture
ordered
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59. (1) If a thing seized under this Act is not
ordered forfeit under subsection 56(2), the
thing or the net proceeds from its disposition
or any security given for it must be returned to
the person from whom it was seized.
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| Exception
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(2) If the Tribunal or the Minister, after
conducting a review, decides that the owner of
a thing seized under this Act or the person
having the possession, care or control of it at
the time of its seizure has committed a
violation, or the owner of a thing seized under
this Act or the person having the possession,
care or control of it at the time of its seizure is
convicted of an offence under any Act
mentioned in subsection 11(1), and a penalty
or fine, as the case may be, is imposed,
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SAMPLES |
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| Disposition of
samples
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60. (1) A sample taken under this Act may
be disposed of in any manner that the Agency
considers appropriate.
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| Agency not
liable
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(2) The Agency is not liable for any costs,
loss or damage resulting from the taking or
disposition of a sample under this Act.
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