(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

64.2 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.

111. The portion of section 66 of the Act before paragraph (a) is replaced by the following:

Failure to comply with notices or conditions

66. Every person who fails to comply with a notice delivered to the person under section 18, 25, 27, 37 or 48 or the regulations or who fails to comply with a condition of a permit or licence issued under the regulations is guilty of

1995, c. 40, s. 63

112. Sections 68 to 74 of the Act are replaced by the following:

Continuing offences

68. 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.

69. 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

70. 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

71. 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

72. 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 licences, etc.

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

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

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

Orders of court

74. 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

74.1 (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 74.

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

74.2 Every person convicted of an offence under this Act who subsequently contravenes an order made under section 74 or 74.1 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

74.3 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

74.4 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

74.5 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

74.6 (1) If the court makes an order under section 74 directing a person to pay an amount of money or the Minister or the Agency pays publication costs under section 74.4, 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

74.7 (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, analyst 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.

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, analyst 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.

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

113. Until rules made under subsection 59(1) of the Health of Animals Act come into force, the rules respecting the conduct of appeals mentioned in section 56 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 56 to 58 of the Health of Animals Act.

Transitional - pending appeals

114. An appeal brought under section 56 of the Health of Animals Act before the day on which subsection 90(3) of this Act comes into force shall be heard by the Assessor, within the meaning of subsection 2(1) of that Act on the day on which subsection 90(3) of this Act comes into force, unless the Assessor, within the meaning of subsection 2(1) of that Act, had, before that day, commenced to hear it, in which case it will continue to be heard by that Assessor.

PART 9

1990, c. 22; 1992, c. 47; 1993, c. 34; 1994, c. 38; 1995, c. 40; 1997, c. 6

PLANT PROTECTION ACT

115. (1) The definitions ``justice'' and ``peace officer'' in section 3 of the Plant Protection Act are repealed.

1995, c. 40, s. 75; 1997, c. 6, s. 81

(2) The definitions ``Assessor'', ``inspector'' and ``Tribunal'' in section 3 of the Act are replaced by the following:

``Assessor''
« évaluateur »

``Assessor'' means the Chairperson of the Tribunal or, if the Chairperson is absent or unable to act or the Chairperson's position is vacant, the member of the Tribunal designated under subsection 33(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act to act as Chairperson pending the appointment of a replacement;

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

``Tribunal''
« Commission »

``Tribunal'' means the Review Tribunal continued by section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act ;

(3) Section 3 of the Act is amended by adding the following in alphabetical order:

``Agency''
« Agence »

``Agency'' means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act;

``customs officer''
« agent des douanes »

``customs officer'' means a person employed in the administration or enforcement of the Customs Act and includes any member of the Royal Canadian Mounted Police.

``point of entry''
« point d'entrée »

``point of entry'' means a point of entry designated under section 18.2 of the Canadian Food Inspection Agency Act;

``President''
« président »

``President'' means the President of the Agency;

116. The Act is amended by adding the following before section 7:

Order requiring importation and presentation at points of entry

6.1 (1) The Minister may, by order, require persons importing things that are specified in the order to import them at any point of entry specified in the order, or at any point of entry, and to present them at the point of entry to an inspector or customs officer for inspection.

Prohibition

(2) No person shall import any thing in contravention of an order made under subsection (1).

Publication or notice required for conviction

(3) No person may be convicted of an offence for contravening subsection (2) unless, before the alleged contravention,

    (a) the order was published in the Canada Gazette; or

    (b) the person was notified of the order or reasonable steps were taken to ensure that it was accessible to persons likely to be affected by it.

Order not a statutory instrument

(4) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act, but it must be published in the Canada Gazette within 23 days after it is made.

117. Subsection 8(3) of the Act is replaced by the following:

Forfeiture if non-
compliance

(3) If a thing is not removed from Canada as required under this section, it shall, despite section 51 of the Canadian Food Inspection Agency Act , be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

1997, c. 6, s. 82

118. Section 21 of the Act is repealed.

119. Section 23 of the Act is repealed.

1995, c. 40, ss. 76 to 80

120. The heading before section 25 and sections 25 to 34 of the Act are repealed.

121. Section 37 of the Act and the heading before it are repealed.

122. Subsection 42(2) of the Act is replaced by the following:

Travel allowances and expenses

(2) The Assessor is entitled to be paid reasonable travel and living expenses incurred in the course of the Assessor's duties under this Act while absent from the Assessor's ordinary place of work.

123. Subsections 43(2) and (3) of the Act are replaced by the following:

Staff

(2) The functions of any person necessary to carry out the purposes of sections 40 to 42 shall be carried out by the persons who carry out similar functions in respect of the Tribunal.

124. The heading before section 44 is replaced by the following: