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| Contravention
of Act or
regulations
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12. (1) Every person who contravenes or
fails to comply with, or whose employer or
agent contravenes or fails to comply with, any
provision of this Act or the regulations is
guilty of an offence and liable on summary
conviction to a fine not exceeding twenty-five
thousand dollars or to imprisonment for a term
not exceeding six months, or to both.
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| Recovery of
fines
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(2) Where a person is convicted of an
offence under subsection (1) and a fine
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 person
in the same manner as if it were a judgment
rendered against the person in that court in
civil proceedings.
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| Offence by
agent or by
employee
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(3) In a prosecution for an offence under this
Act, it is sufficient proof of the offence to
establish that it was committed by an
employee or agent of the accused, whether or
not the employee or agent is identified or has
been prosecuted for the offence, unless the
accused establishes that the offence was
committed without his or her knowledge or
consent and that the accused exercised all due
diligence to prevent its commission.
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| Limitation
period
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13. (1) Proceedings by way of summary
conviction in respect of an offence under this
Act may be instituted within three years after
the time that the subject-matter of the
prosecution becomes known to the Minister.
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| Minister's
certificate
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(2) A document purporting to have been
issued by the Minister, certifying the day on
which the subject-matter of any prosecution
became known to the Minister, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is evidence of
the matters asserted in it.
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| Certificate of
analyst
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14. (1) A certificate of an analyst stating
that the analyst has examined a substance or a
sample submitted to him or her by an inspector
and stating the result of the examination is, in
a prosecution for an offence under this Act,
evidence of the statement contained in the
certificate.
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| Admissibility
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(2) In a prosecution for an offence under this
Act, a document purporting to be the
certificate of an analyst shall be received in
evidence without proof of the signature or
official character of the person by whom it
purports to be signed.
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| Venue
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15. A complaint or information in respect of
an offence under this Act may be heard, tried
or determined by a provincial court judge or a
justice if the accused is resident or carrying on
business within the territorial jurisdiction of
the provincial court judge or justice, although
the matter of the complaint or information did
not arise in that territorial jurisdiction.
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| Regulations
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16. The Minister may make regulations
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(a) designating a term as a dairy term;
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(b) determining, for the purposes of
sections 2 and 6, the cases in which milk, a
milk product or a milk constituent ceases to
be milk, a milk product or a milk constituent
after having been treated, converted or
reconstituted, and the criteria whereby milk
is to be considered an essential part, in
terms of quantity or for characterization, in
the making of a composite product;
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(c) defining, for the purposes of this Act and
the regulations, the expressions ``treating'',
``converting'' and ``reconstituting'' when
they apply to milk or a milk product; and
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(d) generally, for carrying out the purposes
and provisions of this Act.
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| 1997, c. 6
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17. Section 13 of the Canadian Food
Inspection Agency Act is amended by
adding the following after subsection (3):
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| Dairy terms
inspectors
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(4) The President may designate any person
or class of persons as inspectors for the
purposes of the Dairy Terms Act.
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