Bill C-60
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| R.S., c. F-9
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Feeds Act |
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45. The definitions ``analyst'' and
``inspector'' in section 2 of the Feeds Act are
replaced by the following:
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| ``analyst'' « analyste »
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``analyst'' means a person designated as an
analyst pursuant to section 6;
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| ``inspector'' « inspecteur »
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``inspector'' means a person designated as an
inspector pursuant to section 6;
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46. Section 6 of the Act is replaced by the
following:
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| Designation
of inspectors
and analysts
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6. (1) The President of the Canadian Food
Inspection Agency may designate under
section 13 of the Canadian Food Inspection
Agency Act the inspectors and analysts
necessary for the administration and
enforcement 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 that
Agency attesting to their designation and, on
entering any place under subsection 7(1), an
inspector shall, if so required, produce the
certificate to the person in charge of that place.
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47. (1) Subsection 10(4) of the Act is
replaced by the following:
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| Limitation
period
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(4) Proceedings by way of summary
conviction in respect of an offence under this
Act may be instituted at any time 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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(5) 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
10(4) 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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| R.S., c. F-10
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Fertilizers Act |
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48. The definitions ``analyst'' and
``inspector'' in section 2 of the Fertilizers
Act are replaced by the following:
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| ``analyst'' « analyste »
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``analyst'' means a person designated as an
analyst pursuant to section 6;
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| ``inspector'' « inspecteur »
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``inspector'' means a person designated as an
inspector pursuant to section 6;
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49. Section 6 of the Act is replaced by the
following:
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| Designation
of inspectors
and analysts
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6. (1) The President of the Canadian Food
Inspection Agency may designate under
section 13 of the Canadian Food Inspection
Agency Act the inspectors and analysts
necessary for the administration and
enforcement 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 that
Agency attesting to their designation and, on
entering any place under subsection 7(1), an
inspector shall, if so required, produce the
certificate to the person in charge of that place.
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50. (1) The Act is amended by adding the
following after section 10:
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| Limitation
period
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10.1 (1) A prosecution for a summary
conviction offence under this Act may be
instituted at any time within two years after
the time 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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| Transitional
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(2) For greater certainty, the two year
limitation period provided for in subsection
10.1(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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| R.S., c. F-11
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Financial Administration Act |
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51. Schedule II to the Financial
Administration Act is amended by adding
the following in alphabetical order:
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Canadian Food Inspection Agency
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| R.S., c. F-12
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Fish Inspection Act |
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52. The definition ``Minister'' in section
2 of the Fish Inspection Act is replaced by
the following:
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Agriculture
and Agri-Food;
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53. Section 3 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (i), by adding the word ``and'' at
the end of paragraph (j) and by adding the
following after paragraph (j):
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54. Section 5 of the Act is repealed.
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55. Subsections 7(1) and (2) of the Act are
replaced by the following:
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| Seizure of fish
and containers
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7. (1) An inspector may seize all fish,
containers and other things by means of or in
relation to which the inspector believes on
reasonable grounds that an offence against
this Part or any regulation made under it has
been committed.
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| Detention of
seized fish
and containers
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(2) A thing seized under this Act, or the
proceeds realized from its disposition, shall
not be detained after
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unless before that time proceedings are
instituted in relation to the thing seized, in
which case it may be detained until the
proceedings are finally concluded.
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56. Subsection 9(2) of the Act is repealed.
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57. Subsection 10(2) of the Act is
repealed.
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58. Section 11 of the Act is repealed.
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59. Section 15 of the Act is repealed.
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| 1995, c. 1,
par. 62(1)(k)
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60. Section 17 of the Act is replaced by the
following:
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| Designation
of inspectors
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17. (1) The President of the Canadian Food
Inspection Agency may designate under
section 13 of the Canadian Food Inspection
Agency Act the inspectors necessary for the
administration and enforcement 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
Canadian Food Inspection Agency attesting to
their designation and, on entering any place
under subsection 4(1), an inspector shall, if so
required, produce the certificate to the person
in charge of that place.
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61. (1) The Act is amended by adding the
following after section 17:
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| Offence
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17.1 Every person who contravenes a
provision of this Act or a regulation made
under it is guilty of an offence and liable
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| Limitation
period
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17.2 (1) A prosecution for a summary
conviction offence under this Act may be
instituted at any time within two years after
the time 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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| Transitional
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(2) For greater certainty, the two year
limitation period provided for in subsection
17.2(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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| R.S., c. F-27
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Food and Drugs Act |
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| 1996, c. 8,
s. 23.1
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62. The definitions ``analyst'' and
``inspector'' in section 2 of the Food and
Drugs Act are replaced by the following:
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| ``analyst'' « analyste »
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``analyst'' means a person designated as an
analyst for the purpose of the enforcement
of this Act under section 28 or under section
13 of the Canadian Food Inspection Agency
Act;''
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| ``inspector'' « inspecteur »
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``inspector'' means any person designated as
an inspector for the purpose of the
enforcement of this Act under subsection
22(1) or under section 13 of the Canadian
Food Inspection Agency Act;
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63. Subsection 22(2) of the Act is replaced
by the following:
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| Certificate to
be produced
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(2) An inspector shall be given a certificate
in a form established by the Minister or the
President of the Canadian Food Inspection
Agency attesting to the inspector's
designation and, on entering any place
pursuant to subsection 23(1), an inspector
shall, if so required, produce the certificate to
the person in charge of that place.
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| 1996, c. 8,
s. 23.2
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64. Section 27 of the Act is replaced by the
following:
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| Destruction
with consent
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27. (1) Where an inspector has seized an
article under this Part and its owner or the
person in whose possession the article was at
the time of seizure consents to its destruction,
the article is thereupon forfeited to Her
Majesty and may be destroyed or otherwise
disposed of as the Minister or the Minister of
Agriculture and Agri-Food may direct.
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| Forfeiture
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(2) Where a person has been convicted of a
contravention of this Act or the regulations,
the court or judge may order that any article by
means of or in relation to which the offence
was committed, and any thing of a similar
nature belonging to or in the possession of the
person or found with the article, be forfeited.
On the making of the order, the article and
thing are forfeited to Her Majesty and may be
disposed of as the Minister or the Minister of
Agriculture and Agri-Food may direct.
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| Order for
forfeiture on
application of
inspector
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(3) Without prejudice to subsection (2), a
judge of a superior court of the province in
which any article is seized under this Part may,
on the application of an inspector and on such
notice to such persons as the judge directs,
order that the article and any thing of a similar
nature found with it be forfeited to Her
Majesty, if the judge finds, after making such
inquiry as the judge considers necessary, that
the article is one by means of or in relation to
which any of the provisions of this Act or the
regulations have been contravened. On the
making of the order, the article or thing may
be disposed of as the Minister or the Minister
of Agriculture and Agri-Food may direct.
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65. The portion of section 31 of the Act
before paragraph (a) is replaced by the
following:
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| Contraven- tion of Act, except Parts III and IV, or regulations
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31. Subject to section 31.1, every person
who contravenes any of the provisions of this
Act, except Parts III and IV, or of the
regulations made under this Part is guilty of an
offence and liable
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66. (1) Section 32 of the Act is replaced by
the following:
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| Offences
relating to
food
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31.1 Every person who contravenes any
provision of this Act or the regulations, as it
relates to food, is guilty of an offence and
liable
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| Limitation
period
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32. (1) A prosecution for a summary
conviction offence under this Act may be
instituted at any time within two years after
the time the subject-matter of the prosecution
becomes known to the Minister or, in the case
of a contravention of a provision of the Act
that relates to food, to the Minister of
Agriculture and Agri-Food.
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| Minister's
certificate
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(2) A document purporting to have been
issued by the Minister referred to in subsection
(1), 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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| Transitional
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(2) For greater certainty, the two year
limitation period provided for in subsection
32(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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