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Bill C-60

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1990, c. 21

Health of Animals Act

67. The definitions ``analyst'', ``inspector'', ``officer'' and ``veterinary inspector'' in subsection 2(1) of the Health of Animals Act are replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst pursuant to section 32;

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector pursuant to section 32;

``officer''
« agent d'exécution »

``officer'' means a person designated as an officer pursuant to section 32, but does not include an analyst;

``veterinary inspector''
« vétérinaire-
inspecteur
»

``veterinary inspector'' means a veterinarian designated as an inspector pursuant to section 32.

68. Section 32 of the Act is replaced by the following:

Designation

32. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act analysts, inspectors, veterinary inspectors and officers for the purposes of this Act.

Certificate to be produced

(2) Inspectors, officers and veterinary 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 this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

69. The portion of subsection 51(1) of the Act before paragraph (a) is replaced by the following:

Compensa-
tion to owners of animals

51. (1) The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of an animal that is

70. Sections 52 and 53 of the Act are replaced by the following:

Compensa-
tion to owners of things

52. The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of a thing that is destroyed under this Act and the amount of compensation shall be the market value, as determined by the Minister, that the thing would have had at the time of its evaluation if it had not been required to be destroyed, up to a prescribed amount, less any amount received in respect of it.

Compensa-
tion for costs of treatment

53. The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under subsection 48(2) and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister.

71. Paragraph 55(b) of the Act is replaced by the following:

    (b) establishing maximum amounts, or the manner of calculating maximum amounts, for the purpose of subsection 51(3) or section 52; and

R.S., c. 25 (1st Supp.)

Meat Inspection Act

72. The definitions ``analyst'' and ``inspector'' in section 2 of the Meat Inspection Act are replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst pursuant to subsection 12(1).

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector pursuant to subsection 12(1);

73. Section 12 of the Act is replaced by the following:

Designation of inspectors

12. (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 for the purposes of this Act.

Certificate to be produced

(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 or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.

74. (1) Subsection 21(5) of the Act is replaced by the following:

Limitation period

(5) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution becomes known to the Minister.

Minister's certificate

(6) 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.

Transitional

(2) For greater certainty, the two year limitation period provided for in subsection 21(5) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.

1990, c. 20

Plant Breeders' Rights Act

75. The definition ``Commissioner'' in subsection 2(1) of the Plant Breeders' Rights Act is replaced by the following:

``Commission er''
« directeur »

``Commissioner'' means the Commissioner of Plant Breeders' Rights designated pursuant to subsection 56(2) and, except in section 56, includes any person acting under a written authorization given pursuant to section 58;

76. (1) Section 53 of the Act is amended by adding the following after subsection (6):

Limitation period

(7) 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.

Minister's certificate

(8) 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.

Transitional

(2) For greater certainty, the two year limitation period provided for in subsection 53(7) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.

1994, c. 38, par. 26(1)(j)

77. (1) Subsections 55(1) and (2) of the Act are repealed.

(2) Subsection 55(3) of the Act is repealed.

78. Section 56 of the Act is replaced by the following:

Plant Breeders' Rights Office

56. (1) The Plant Breeders' Rights Office is part of the Canadian Food Inspection Agency established by the Canadian Food Inspection Agency Act.

Commissioner

(2) The President of the Canadian Food Inspection Agency shall designate a Commissioner of Plant Breeders' Rights.

Employees

(3) The President of the Canadian Food Inspection Agency has the authority to appoint the employees of the Plant Breeders' Rights Office.

Functions of Commissioner

(4) Subject to section 58, the Commissioner shall receive all applications, fees, papers, documents and materials submitted for plant breeders' rights, shall do all things necessary for the granting of plant breeders' rights and for the exercise of all other powers conferred, and the discharge of all other duties imposed, on the Commissioner by or pursuant to this Act or the regulations and shall have the charge and custody of the register, books, records, papers and other things belonging to the Plant Breeders' Rights Office.

Absence, etc., of Commissioner

(5) Where the Commissioner is absent or unable to act or the office of Commissioner is vacant, such other officer as may be designated by the President of the Canadian Food Inspection Agency shall, in the capacity of Acting Commissioner, exercise the powers and perform the duties of the Commissioner.

79. Subsection 59(1) of the Act is replaced by the following:

Engagement of services

59. (1) The Commissioner

    (a) for the purposes of carrying out and evaluating the results of tests and trials referred to in section 23, may engage the services of persons other than employees of the Canadian Food Inspection Agency and pay to those persons fees in accordance with a scale determined by the Minister, with the approval of the Treasury Board, in respect of their services; and

    (b) may constitute panels of persons, composed of employees of the Agency or persons appointed or engaged pursuant to paragraph (a), which have the function of conducting examinations for purposes described in that paragraph and of advising the Commissioner as to

      (i) the examinations necessary or expedient for those purposes, and

      (ii) the results of those examinations.

80. Paragraph 75(1)(h) of the Act is replaced by the following:

    (h) assigning powers or duties to persons employed by the Canadian Food Inspection Agency or designated by the President of the Agency to administer or enforce this Act or appointed or engaged pursuant to subsection 59(1);

1990, c. 22

Plant Protection Act

81. The definition ``inspector'' in section 3 of the Plant Protection Act is replaced by the following:

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector pursuant to section 21;

82. Section 21 of the Act is replaced by the following:

Designation of inspectors

21. (1) The President of the Canadian Food Inspection Agency may designate inspectors under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.

Certificate to be produced

(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 this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector's designation.

83. The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:

Compensa-
tion for treatment, etc.

39. (1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of

R.S., c. P-21

Privacy Act

84. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Food Inspection Agency

    Agence canadienne d'inspection des aliments

R.S., c. P-35

Public Service Staff Relations Act

85. Part II of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:

Canadian Food Inspection Agency

    Agence canadienne d'inspection des aliments

R.S., c. P-36

Public Service Superannuation Act

86. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canadian Food Inspection Agency

    Agence canadienne d'inspection des aliments

R.S., c. S-8

Seeds Act

87. The definitions ``analyst'' and ``inspector'' in section 2 of the Seeds Act are replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst pursuant to section 5;

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector pursuant to section 5;

88. Section 5 of the Act is replaced by the following:

Designation of inspectors

5. (1) The President of the Canadian Food Inspection Agency may designate inspectors and analysts under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.

Certificate to be produced

(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 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector's designation.

R.S., c. 49 (1st Supp.), s. 6

89. (1) Section 10 of the Act is replaced by the following:

Limitation period

10. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted

    (a) in the case of an offence that is a misrepresentation of the variety name or purity of variety of a seed, within three years after the time the subject-matter of the prosecution becomes known to the Minister; or

    (b) in the case of any other offence, within two years from the time when the subject-matter of the prosecution becomes known to the Minister.

Minister's certificate

(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.

Transitional

(2) For greater certainty, the limitation periods provided for in subsection 10(1) of the Act, as amended by subsection (1), only apply in respect of offences committed after the coming into force of that subsection.