Bill C-60
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FEES AND EXPENDITURES |
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| Fees for
services or use
of facilities
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24. (1) Subject to the regulations, the
Minister may fix the fees to be paid for a
service or the use of a facility provided by the
Agency.
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| Amount not to
exceed cost
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(2) Fees fixed under subsection (1) may not
exceed the cost to Her Majesty in right of
Canada of providing the service or the use of
the facility.
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| Fees for
products,
rights and
privileges
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25. Subject to the regulations, the Minister
may fix fees in respect of products, rights and
privileges provided by the Agency.
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| Consultation
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26. (1) Before fixing a fee under section 24
or 25, the Minister must consult with any
persons or organizations that the Minister
considers to be interested in the matter.
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| Publication
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(2) The Minister must publish any fee fixed
under section 24 or 25 in the Canada Gazette
within thirty days after fixing it.
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| Reference to
Committee
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(3) Any fee fixed under section 24 or 25
stands permanently referred to the Committee
referred to in section 19 of the Statutory
Instruments Act, to be reviewed and
scrutinized as if it were a statutory instrument.
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| Regulations
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27. The Treasury Board may make
regulations for the purposes of sections 24 to
26.
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| Collection of
fees
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28. The Agency may enter into an
agreement with any person, provincial
government or other authority respecting the
collection of fees fixed under this Act or any
other Act that the Agency enforces or
administers by virtue of subsection 11(1) and,
notwithstanding subsections 17(1) and (4) of
the Financial Administration Act, authorizing
that person, government or authority to
withhold amounts from those fees.
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| Remission of
fees
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29. (1) The Minister may remit all or part of
any fee fixed under section 24 or 25 or under
any Act that the Agency enforces or
administers by virtue of subsection 11(1), and
the interest on it.
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| Non-payment
of fees
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(2) The Minister may withdraw or withhold
a service, use of a facility, a product or
conferral of a right or privilege within the
responsibilities of the Agency, from any
person who fails to pay the fee fixed for it if,
in the Minister's opinion, it is consistent with
public health and safety.
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| Expenditure
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30. In carrying out its responsibilities, the
Agency may spend money that Parliament
appropriates to it and revenues received by it
through the conduct of its operations,
including
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ACCOUNTING AND AUDIT |
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| Books and
records
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31. The Agency must keep books of account
and records prepared according to generally
accepted accounting principles.
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| Annual audit
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32. The Auditor General of Canada shall
annually
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TRANSITIONAL PROVISIONS |
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| Appropria- tion Act
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32.1 The provisions made by any
appropriation act for the fiscal year in which
this section comes into force or a subsequent
fiscal year, based on the Estimates for that
year, to defray the charges and expenses of the
public service of Canada within the
Departments of Agriculture and Agri-Food,
Fisheries and Oceans and Health in relation to
any matter for which the Agency is
responsible by virtue of section 11 are deemed
to be an amount appropriated for defraying the
charges and expenses of the Canadian Food
Inspection Agency in such amount as the
Treasury Board may, on the recommendations
of the Ministers of Agriculture and Agri-Food,
Fisheries and Oceans and Health, determine.
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| Agency
employees
continued
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33. (1) On the coming into force of
subsection 13(1), employees deployed to the
Agency, or appointed to it by the Public
Service Commission, are deemed to have
been appointed by the President and continue
to be employed by the Agency with the same
tenure of office.
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| Pending
competitions
and
appointments
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(2) On the coming into force of subsection
13(1), a competition being conducted or an
appointment being made under the Public
Service Employment Act shall continue to be
conducted or made as if that section had not
come into force.
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| Eligibility lists
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34. An eligibility list made under the Public
Service Employment Act that is valid on the
coming into force of subsection 13(1) of this
Act continues to be valid for the period
provided for by subsection 17(2) of that Act,
but that period may not be extended.
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| Pending
appeals
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35. (1) An appeal commenced under section
21 of the Public Service Employment Act and
not finally disposed of on the coming into
force of subsection 13(1) of this Act shall be
dealt with and disposed of in accordance with
that Act as if that subsection had not come into
force.
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| Other
recourse
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(2) Any recourse commenced under the
Public Service Employment Act that has not
been finally dealt with on the coming into
force of subsection 13(1) of this Act shall be
dealt with and disposed of in accordance with
that Act as if that subsection had not come into
force.
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| Designations
continued
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36. Every inspector, analyst, grader,
veterinary inspector or other officer appointed
or designated under an Act referred to in
section 11 to enforce or administer any Act or
provision that the Agency enforces or
administers by virtue of that section is deemed
to be designated by the President under
subsection 13(3), according to the terms of the
original designation or appointment.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. A-1
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Access to Information Act |
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37. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Canadian Food Inspection Agency
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| R.S., c. 20
(4th Supp.)
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Canada Agricultural Products Act |
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38. The definitions ``analyst'', ``grader''
and ``inspector'' in section 2 of the Canada
Agricultural Products Act are replaced by
the following:
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| ``analyst'' « analyste »
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``analyst'' means an analyst designated
pursuant to section 19;
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| ``grader'' « classifi- cateur »
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``grader'' means a grader designated pursuant
to section 19;
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| ``inspector'' « inspecteur »
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``inspector'' means an inspector designated
pursuant to section 19;
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39. Subsections 19(1) to (3) of the Act are
replaced by the following:
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| Designation
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19. (1) The President of the Canadian Food
Inspection Agency may designate inspectors,
analysts and graders under section 13 of the
Canadian Food Inspection Agency Act for the
purposes of this Act.
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| Certificate to
be produced
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(2) Inspectors shall be given certificates in
a form established by the President of the
Agency attesting to their designation and, on
entering any place under this Act, an inspector
shall show the certificate to the person in
charge of the place on request.
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| R.S., c. C-38
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Consumer Packaging and Labelling Act |
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| 1995, c. 1,
paras. 62(1)(f)
and 63(2)(a)
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40. The definitions ``inspector'' and
``Minister'' in section 2 of the Consumer
Packaging and Labelling Act are replaced
by the following:
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| ``inspector'' « inspecteur »
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``inspector'' means any person designated as
an inspector
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Industry
and, for the enforcement of this Act as it
relates to food, as defined in section 2 of the
Food and Drugs Act, means the Minister of
Agriculture and Agri-Food;
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41. The portion of paragraph 15(4)(c) of
the Act before subparagraph (i) is replaced
by the following:
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| R.S., c. 27 (1st
Supp.), s. 203
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42. (1) Subsection 16(1) of the Act is
replaced by the following:
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| Application to
extend period
of detention
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16. (1) Where proceedings have not been
instituted in respect of the contravention in
relation to which any product or other thing
was seized and detained pursuant to
subsection 15(1), the Minister may, before the
expiration of the period referred to in
paragraph 15(4)(c) and on the serving of prior
notice in accordance with subsection (2) on
the owner of the product or other thing or on
the person in whose possession the product or
other thing was at the time of seizure, apply to
a provincial court judge within whose
territorial jurisdiction the seizure was made
for an order extending the time during which
the product or other thing may be detained.
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| R.S., c. 27 (1st
Supp.), s. 203
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(2) The portion of subsection 16(4) of the
Act before paragraph (a) is replaced by the
following:
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| Order of
extension
refused
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(4) Where, on the hearing of an application
made under subsection (1), the provincial
court judge is not satisfied that the product or
other thing seized should continue to be
detained, the provincial court judge shall
order that the product or other thing be
restored to the person from whom it was
seized or to any other person entitled to
possession thereof on the expiration of the
period referred to in paragraph 15(4)(c),
unless
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43. Subsections 20(1) and (2) of the Act
are replaced by the following:
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| Contraven- tions of sections 4 to 9
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20. (1) Subject to subsection (2.1), every
dealer who contravenes any of sections 4 to 9
is guilty of an offence and liable
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| Contraven- tion of other provisions or regulations
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(2) Subject to subsection (2.1), every person
who contravenes any provision of this Act,
other than any of sections 4 to 9, or any
regulation made under paragraph 18(1)(d), (e)
or (h), is guilty of an offence and liable
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| Offences
relating to
food
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(2.1) Every person who contravenes a
provision referred to in subsection (1) or (2) as
that provision relates to food, as defined in
section 2 of the Food and Drugs Act, is guilty
of an offence and liable
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44. (1) Subsection 21(2) of the Act is
replaced by the following:
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| Limitation
period
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(2) Any proceedings by way of summary
conviction for an offence referred to in
subsection 20(1) or (2) may be instituted
within but not later than twelve months after
the time when the subject-matter of the
proceedings arose.
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| Limitation
period for
offences
respecting
food
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(2.1) Any proceedings by way of summary
conviction for an offence referred to in
subsection 20(2.1) may be instituted within
two years after the time when the
subject-matter of the proceedings becomes
known to the Minister.
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| Minister's
certificate
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(2.2) A document purporting to have been
issued by the Minister, certifying the day on
which the subject-matter of any proceedings
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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| Transitional
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(2) For greater certainty, the two year
limitation period provided for in subsection
21(2.1) of the Act, as amended by subsection
(1), only applies in respect of offences
committed after the coming into force of
that subsection.
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