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EVIDENCE |
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| Certificates
and reports
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87. (1) In proceedings for an offence under
this Act, a declaration, certificate, report or
other document of the Minister or President,
or of an inspector, analyst, grader or officer,
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.
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| Copies and
extracts
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(2) In any proceedings 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, analyst, grader or officer, 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.
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| Presumed date
of issue
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(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.
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| Notice
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(4) No document referred to in this section
shall be received in evidence unless the party
intending to produce it has served on 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.
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PART 7 |
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| 1995, c. 40;
1997, c. 21;
1998, c. 22
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AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT |
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Amendments |
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| 1997, c. 21,
s. 29
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80. The long title of the Agriculture and
Agri-Food Administrative Monetary
Penalties Act is replaced by the following:
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An Act to establish a system of administrative
monetary penalties for the enforcement
of the Farm Debt Mediation Act, the
Canada Grain Act , the Health of Animals
Act, the Pest Control Products Act and
the Plant Protection Act
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| 1997, c. 21,
s. 30
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81. The definitions ``agri-food Act'' and
``Tribunal'' in section 2 of the Act are
replaced by the following:
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| ``agri-food
Act'' « loi agroalimen- taire »
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``agri-food Act'' means the Farm Debt
Mediation Act, the Canada Grain Act , the
Health of Animals Act, the Pest Control
Products Act or the Plant Protection Act;
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| ``Tribunal'' « Commission »
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``Tribunal'' means the Review Tribunal
continued by section 27 ;
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82. The Act is amended by adding the
following after section 11:
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PUBLICATION OF FACTS |
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| Publication of
facts
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11.1 If a person has committed a violation,
the Minister may publish the facts of the
violation and recover the costs of publication
from the person.
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83. The Act is amended by adding the
following before section 14:
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| Review by
single
member
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13.1 A review by the Tribunal under this
Act shall be heard by a single member of the
Tribunal who has the legal qualifications
described in section 28.
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84. (1) Subsection 15(1) of the Act is
amended by adding the following after
paragraph (c):
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(2) Subsection 15(3) of the Act is replaced
by the following:
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| Debt final
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(3) A debt referred to in subsection (1) is
final and not subject to review or to be
restrained, prohibited, removed, set aside or
otherwise dealt with except to the extent and
in the manner provided by sections 9 to 14.
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85. The headings before section 27 and
sections 27 to 90 of the Act are replaced by
the following:
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REVIEW TRIBUNAL |
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Composition |
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| Review
Tribunal
continued
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27. (1) The Review Tribunal, continued by
subsection 4.1(1) of the Canada Agricultural
Products Act, chapter 20 of the 4th
Supplement to the Revised Statutes of
Canada, 1985, is hereby continued.
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| Composition
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(2) The Tribunal shall consist of such
members as are appointed by the Governor in
Council, one of whom shall be appointed as
Chairperson.
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| Qualifica- tions
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28. A person is not eligible to be appointed
a member of the Tribunal unless the person is
knowledgeable about or has experience
related to agriculture or agri-food and the
Chairperson of the Tribunal and at least one
other member of the Tribunal must, in
addition, be a barrister or advocate of at least
ten years standing at the bar of any province or
a notary of at least ten years standing at the
Chambre des notaires du Québec.
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| Membership
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29. The Chairperson of the Tribunal shall be
appointed as a full-time member and the other
members shall be appointed as either full-time
members or part-time members of the
Tribunal.
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| Tenure
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30. (1) Each member of the Tribunal shall
be appointed for a term of not more than five
years and shall hold office during good
behaviour, but may be removed by the
Governor in Council for cause.
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| Re- appointment
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(2) Each member of the Tribunal may be
re-appointed as a member in the same or
another capacity.
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| No other
public service
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31. A member of the Tribunal shall not hold
any other office in the public service of
Canada.
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| Conflict of
interest
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32. A member of the Tribunal shall not
accept or hold any office or employment that
is inconsistent with the member's duties or
take part in any matter before the Tribunal in
which the member has an interest.
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Chairperson |
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| Duties of
Chairperson
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33. (1) The Chairperson of the Tribunal is
its chief executive officer and shall apportion
work among its members.
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| Absence or
incapacity of
Chairperson
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(2) If the Chairperson is absent or unable to
act or the Chairperson's position becomes
vacant, the members of the Tribunal shall
designate a member of the Tribunal with the
legal qualifications described in section 28 to
act as Chairperson pending the appointment of
a replacement, but no person may so act for a
period exceeding sixty days without the
approval of the Governor in Council.
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Remuneration |
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| Remunera- tion
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34. (1) Each full-time member of the
Tribunal shall be paid the salary that is fixed
by the Governor in Council and each part-time
member of the Tribunal is entitled to be paid
the fees or other remuneration for that
member's services that may be fixed by the
Governor in Council.
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| Travel and
living
expenses
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(2) The members of the Tribunal are
entitled to be paid reasonable travel and living
expenses incurred by them in the course of
their duties under this Act while absent from,
in the case of full-time members, their
ordinary place of work and, in the case of
part-time members, their ordinary place of
residence.
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Staff |
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| Staff and
facilities
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35. The Minister may provide the Tribunal
with officers and employees from within the
public service of Canada and any facilities and
advisers that are necessary for the proper
conduct of the business of the Tribunal.
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| Contractual
assistance
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36. The Tribunal may, for specific projects,
enter into contracts for the services of persons
having technical or specialized knowledge of
any matter relating to the work of the Tribunal
to advise and assist it in the exercise of its
powers or the performance of its duties and
functions under this Act.
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Head Office |
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| Head office
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37. (1) The head office of the Tribunal shall
be in the National Capital Region, as
described in the schedule to the National
Capital Act.
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| Sittings
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(2) The Tribunal may sit at any place in
Canada that may be specified by the Governor
in Council.
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Powers |
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| Exclusive
jurisdiction
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38. The Tribunal has sole and exclusive
jurisdiction to hear and determine all
questions of fact or law in relation to any
matter over which it is given jurisdiction by
this Act or any other Act of Parliament.
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| Court of
record
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39. (1) The Tribunal is a court of record and
shall have an official seal that shall be
judicially noticed.
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| Examination
of witnesses,
etc.
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(2) In addition to the powers conferred by
subsection (1), the Tribunal has, with respect
to the appearance, swearing and examination
of witnesses, the production and inspection of
documents, the enforcement of its orders and
other matters necessary or proper for the due
exercise of its jurisdiction, all the powers,
rights and privileges that are vested in a
superior court of record and, without limiting
the generality of the foregoing, it may
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Rules |
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| Rules
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40. The Tribunal may, with the approval of
the Governor in Council, make rules
governing
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General |
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| Consulta- tions
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41. The members of the Tribunal may
consult with other members of the Tribunal in
respect of any matter before it.
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| Rules of
evidence do
not apply
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42. The Tribunal is not bound by any legal
or technical rules of evidence in conducting
any matter that comes before it, and shall deal
with matters that come before it as informally
and expeditiously as the circumstances and
considerations of fairness and natural justice
permit.
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| Privileged
evidence not
receivable
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43. The Tribunal may not receive or accept
as evidence anything that would be
inadmissible in a court by reason of any
privilege under the law of evidence.
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|
Transitional Provisions |
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| Definitions
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86. The definitions in this section apply in
sections 87 to 89.
|
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| ``commen- cement day'' « date d'entrée en vigueur »
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``commencement day'' means the day on
which section 27 of the Agriculture and
Agri-Food Administrative Monetary
Penalties Act, as enacted by section 85 of
this Act, comes into force.
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| ``former
Tribunal'' « ancienne Commission »
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``former Tribunal'' means the Review
Tribunal continued by subsection 4.1(1)
of the Canada Agricultural Products Act
as that subsection read immediately
before the coming into force of section
158 of this Act.
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| ``new
Tribunal'' « nouvelle Commission »
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``new Tribunal'' means the Review
Tribunal continued by section 27 of the
Agriculture and Agri-Food Administrative
Monetary Penalties Act, as enacted by
section 85 of this Act.
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| Chairperson
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87. The person who holds the office of
Chairperson of the former Tribunal
immediately before the commencement day
continues in office as the Chairperson of the
new Tribunal for the remainder of the term
for which that person was appointed
Chairperson.
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| Other
members
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88. Each person who holds office as a
member of the former Tribunal
immediately before the commencement day
continues in office as a member of the new
Tribunal for the remainder of the term for
which the person was appointed.
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| Pending
proceedings
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89. Proceedings pending before the
former Tribunal immediately before the
commencement day shall be taken up and
continued before the new Tribunal.
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