Bill C-61
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70. Subsections 26(1) and (2) of the Act
are replaced by the following:
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| Certificate of
analyst or
report of
inspector
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26. (1) In any proceedings for a violation, or
for an offence under this Act, a certificate of
an analyst or a report of an inspector
purporting to have been signed by the analyst
or inspector and stating the results of the
analysis or inspection is admissible in
evidence without proof of the signature or
official character of the person appearing to
have signed the certificate or report and, in the
absence of evidence to the contrary, is proof of
the matters asserted in the certificate or report.
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| Copies or
extracts
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(2) In any proceedings for a violation, or for
an offence under this Act, a copy of or an
extract from any book, record or document
made by an inspector pursuant to paragraph
13(1)(c) and appearing to have been certified
under the inspector's signature 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 the copy
or extract 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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71. The portion of section 27 of the Act
before paragraph (a) is replaced by the
following:
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| Evidence of
identification
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27. In any proceedings for a violation, or for
an offence under this Act, proof that a meat
product, package or label bore
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| R.S., c. P-9
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Pest Control Products Act |
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72. Section 2 of the Pest Control Products
Act is amended by adding the following in
alphabetical order:
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| ``penalty'' « sanction »
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``penalty'' means an administrative monetary
penalty imposed under the Agriculture and
Agri-Food Administrative Monetary
Penalties Act for a violation;
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| ``Tribunal'' « Commission »
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``Tribunal'' means the Review Tribunal
continued by subsection 4.1(1) of the
Canada Agricultural Products Act;
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| ``violation'' « violation »
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``violation'' means any contravention of this
Act or the regulations that may be
proceeded with in accordance with the
Agriculture and Agri-Food Administrative
Monetary Penalties Act.
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73. Subsection 10(3) of the Act is replaced
by the following:
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| Forfeiture
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(3) Where the Tribunal decides that a
person has committed a violation, or a person
is convicted of an offence under this Act, the
Tribunal or the convicting court, as the case
may be, may, in addition to any penalty or
punishment imposed, order that any control
product by means of or in relation to which the
violation or offence was committed, be
forfeited to Her Majesty in right of Canada.
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74. Subsection 11(1) of the Act is replaced
by the following:
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| Contravention
of Act or
regulations
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11. (1) Every person who, or whose
employee or agent, contravenes any provision
of this Act or the regulations is guilty of
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| 1990, c. 22 [c. P-14.8]
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Plant Protection Act |
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75. Section 3 of the Plant Protection Act is
amended by adding the following in
alphabetical order:
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| ``penalty'' « sanction »
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``penalty'' means an administrative monetary
penalty imposed under the Agriculture and
Agri-Food Administrative Monetary
Penalties Act for a violation;
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| ``Tribunal'' « Commission »
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``Tribunal'' means the Review Tribunal
continued by subsection 4.1(1) of the
Canada Agricultural Products Act;
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| ``violation'' « violation »
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``violation'' means
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76. Section 27 of the Act is replaced by the
following:
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| Seizure
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27. Where an inspector believes on
reasonable grounds that a violation, or an
offence under this Act, has been committed,
the inspector may seize and detain any thing
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77. Subsections 28(1) and (2) of the Act
are replaced by the following:
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| Warrant
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28. (1) Where on ex parte application a
justice is satisfied by information on oath that
there are reasonable grounds to believe that
there is in any place any thing
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the justice may at any time sign and issue a
warrant authorizing the inspector named in
the warrant to enter and search the place for
the thing and, subject to any conditions that
may be specified in the warrant, to seize and
detain it.
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| Search and
seizure
powers
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(2) The inspector who executes a warrant
may exercise the powers described in section
25 and may seize and detain, in addition to any
thing mentioned in the warrant, any other
thing
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78. Subsections 32(2) and (3) of the Act
are replaced by the following:
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| Application
for return
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(2) Where proceedings are instituted in
accordance with subsection (1) in respect of
the thing and it has not been disposed of,
confiscated or forfeited under this Act or the
regulations, the owner of the thing or the
person having the possession, care or control
of it at the time of its seizure may apply
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for an order that it be returned.
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| Order
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(3) The Tribunal or court, as the case may
be, may order that the thing be returned to the
applicant, subject to such conditions as the
Tribunal or court may impose to ensure that it
is preserved for any purpose for which it may
subsequently be required, where the Tribunal
or court is satisfied that sufficient evidence
exists or may reasonably be obtained without
detaining the thing and that it is not a pest, is
not infested with a pest and does not constitute
a biological obstacle to the control of a pest.
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79. Subsection 33(1) of the Act is replaced
by the following:
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| Forfeiture
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33. (1) Where the Tribunal decides that a
person has committed a violation, or a person
is convicted of an offence under this Act, the
Tribunal or the convicting court, as the case
may be, may, on its own motion or at the
request of any party to the proceedings, in
addition to any penalty or punishment
imposed, order that any thing by means of or
in relation to which the violation or offence
was committed, or any proceeds realized from
its disposition, be forfeited to Her Majesty in
right of Canada.
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80. (1) Subsection 34(1) of the Act is
replaced by the following:
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| Disposal of
forfeited
things
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34. (1) Where proceedings mentioned in
subsection 32(1) are instituted within the time
provided in that subsection and, at the final
conclusion of those proceedings, the Tribunal,
in the case of a violation, or the court, in the
case of an offence, orders the forfeiture of the
thing that was seized and detained, it shall be
disposed of as the Minister may direct.
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(2) Subsection 34(2) of the English
version of the Act is replaced by the
following:
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| Return of
seized things
where no
forfeiture
ordered
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(2) Where the Tribunal or court, as the case
may be, does not order the forfeiture of a thing,
it or any proceeds realized from its disposition
shall be returned to the owner of the thing or
the person having the possession, care or
control of it at the time of its seizure.
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(3) Subsection 34(3) of the Act is replaced
by the following:
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| Exception
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(3) Where the Tribunal decides that the
owner of a thing 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 or the person having the
possession, care or control of it at the time of
its seizure is convicted of an offence under this
Act, and a penalty or fine, as the case may be,
is imposed,
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81. Subsection 39(3) of the Act is replaced
by the following:
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| Limitation
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(3) No compensation is payable to a person
who commits a violation, or an offence under
this Act, and claims compensation in respect
of any place or thing by means of or in relation
to which the violation or offence was
committed.
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82. Paragraph 48(1)(b) of the Act is
replaced by the following:
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83. Paragraph 49(b) of the Act is replaced
by the following:
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84. Paragraph 50(1)(b) of the Act is
replaced by the following:
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85. (1) Subsection 57(1) of the Act is
replaced by the following:
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| Certificates
and reports
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57. (1) In any proceedings for a violation, or
for an offence under this Act, a declaration,
certificate, report or other document of the
Minister or an inspector, purporting to have
been signed by the Minister or the inspector,
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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(2) Subsection 57(2) of the English
version of the Act is replaced by the
following:
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| Copies of
documents
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(2) In any proceedings for a violation, or for
an offence under this Act, a copy of or an
extract from any record or other document that
is made by the Minister or an inspector under
this Act or the regulations and that appears to
have been certified under the signature of the
Minister or the inspector 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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| R.S., c. S-8
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Seeds Act |
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86. Section 2 of the Seeds Act is amended
by adding the following in alphabetical
order:
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| ``penalty'' « sanction »
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``penalty'' means an administrative monetary
penalty imposed under the Agriculture and
Agri-Food Administrative Monetary
Penalties Act for a violation;
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| ``Tribunal'' « Commission »
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``Tribunal'' means the Review Tribunal
continued by subsection 4.1(1) of the
Canada Agricultural Products Act;
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| ``violation'' « violation »
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``violation'' means any contravention of this
Act or the regulations that may be
proceeded with in accordance with the
Agriculture and Agri-Food Administrative
Monetary Penalties Act.
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87. (1) Subsection 8(1) of the Act is
replaced by the following:
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| Seizure
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8. (1) Where an inspector believes on
reasonable grounds that this Act or the
regulations have been contravened, the
inspector may seize the seed or package by
means of or in relation to which the inspector
believes on reasonable grounds the
contravention was committed.
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(2) Subsection 8(3) of the Act is replaced
by the following:
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| Forfeiture
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(3) Where the Tribunal decides that a
person has committed a violation, or a person
is convicted of an offence under this Act, the
Tribunal or the convicting court, as the case
may be, may, in addition to any penalty or
punishment imposed, order that any seed or
package by means of or in relation to which
the violation or offence was committed be
forfeited to Her Majesty in right of Canada.
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| R.S., c. 49 (1st Supp.), s. 5
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88. Subsections 9(1) and (2) of the Act are
replaced by the following:
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| Contravention
of Act or
regulations
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9. (1) Every person who, or whose
employee or agent, contravenes any provision
of this Act or any regulation made under
paragraph 4(1)(e) or (h.1) is guilty of
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| Contravention
of other
regulations
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(2) Every person who, or whose employee
or agent, contravenes or fails to comply with
any regulation, other than a regulation made
under paragraph 4(1)(e) or (h.1), is guilty of an
offence and liable on summary conviction to
a fine not exceeding $50,000.
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| R.S., c. 49 (1st Supp.), s. 7
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89. Section 11 of the Act is replaced by the
following:
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| Certificate of
analyst
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11. (1) A certificate of an analyst stating that
the analyst has examined a substance or a
sample submitted to the analyst by an
inspector and stating the result of the
examination is, in any proceedings for a
violation, or 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 any proceedings for a violation, or 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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