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Bill C-80

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RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to revise and consolidate certain Acts respecting food, agricultural commodities, aquatic commodities and agricultural inputs, to amend the Canadian Food Inspection Agency Act, the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Health of Animals Act, the Plant Protection Act and the Plant Breeders' Rights Act, and to repeal and amend other Acts in consequence''.

SUMMARY

PART 1

Part 1 sets out the administrative framework of the Canada Food Safety and Inspection Act. It lays the groundwork for a regime for licensing persons to engage in or to operate establishments to engage in import, export and interprovincial trade in agricultural and aquatic commodities and agricultural inputs.

PART 2

Part 2 prohibits acts and omissions that negatively affect the safety of, and confidence in, food, agricultural or aquatic commodities and agricultural inputs. It also prohibits deceptive labelling practices and regulates trade in food, agricultural and aquatic commodities and agricultural inputs.

PART 3

Part 3 authorises the making of regulations and orders that are necessary for the operation of the Act.

PART 4

Offences, penalties and rules of evidence are set out in Part 4.

PART 5

Part 5 continues the Board of Arbitration for dealers who deal in prescribed agricultural and aquatic commodities for import, export or interprovincial trade.

PART 6

Part 6 amends the Canadian Food Inspection Agency Act. It sets out the powers and duties of inspectors, sets out offences and penalties for breaches of the Act, allows the Agency to release information that is in the public interest and allows the Minister to designate points of entry. Part 6 also allows the Governor in Council to make regulations for the administration of the Act and allows documents to be incorporated by reference.

PART 7

Part 7 amends the Agriculture and Agri-Food Administrative Monetary Penalties Act to continue the Review Tribunal. It also provides for the facts of violations to be published.

PART 8

Part 8 amends the Health of Animals Act by allowing for documents to be incorporated by reference and amending the offence and penalty provisions to make them consistent with other Agency legislation.

PART 9

Part 9 amends the Plant Protection Act by allowing for documents to be incorporated by reference and amending the offence and penalty provisions to make them consistent with other Agency legislation.

PART 10

Part 10 amends the Plant Breeders' Rights Act. It amends the rights enjoyed by plant breeders under the Act. The amendments also make changes to the application procedure and to the duties and powers of the Commissioner of Plant Breeders' Rights.

PART 11

Part 11 makes the necessary consequential amendments, transitional provisions and repeals and allows the Governor in Council to fix the date for the coming into force of the provisions of the Canada Food Safety and Inspection Act.

EXPLANATORY NOTES

Canadian Food Inspection Agency Act

Clause 70: New.

Clause 71: Subsection 4(2) reads as follows:

(2) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or any Act or provision that the Agency enforces or administers by virtue of section 11, except the power to make regulations and the power to delegate under this subsection.

Clause 72: Section 11 reads as follows:

11. (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Canada Agricultural Products Act, Feeds Act, Fertilizers Act, Fish Inspection Act, Health of Animals Act, Meat Inspection Act, Plant Breeders' Rights Act, Plant Protection Act and Seeds Act.

(2) The Agency is responsible for the enforcement of the Consumer Packaging and Labelling Act as it relates to food, as that term is defined in section 2 of the Food and Drugs Act.

(3) The Agency is responsible for

    (a) the enforcement of the Food and Drugs Act as it relates to food, as defined in section 2 of that Act; and

    (b) the administration of the provisions of the Food and Drugs Act as they relate to food, as defined in section 2 of that Act, except those provisions that relate to public health, safety or nutrition.

(4) The Minister of Health is responsible for establishing policies and standards relating to the safety and nutritional quality of food sold in Canada and assessing the effectiveness of the Agency's activities related to food safety.

Clause 73: The heading before section 12 reads as follows:

HUMAN RESOURCES

Clause 74: Subsection 13(4) is new. Subsection 13(3) reads as follows:

(3) The President may designate any person or class of persons as inspectors, analysts, graders, veterinary inspectors or other officers for the enforcement or administration of any Act or provision that the Agency enforces or administers by virtue of section 11, in respect of any matter referred to in the designation.

Clause 75: New.

Clause 76: New.

Clause 77: Sections 18.1 and 18.2 are new. Sections 17 and 18 reads as follows:

17. The Agency may license, sell or otherwise make available any patent, copyright, industrial design, trade-mark or other similar property right that is vested in Her Majesty in right of Canada under any Act or provision that the Agency enforces or administers by virtue of section 11.

18. The Agency may apply to a judge of a court of competent jurisdiction for an interim injunction enjoining any person from contravening an Act or provision that the Agency enforces or administers by virtue of section 11, whether or not a prosecution has been instituted in respect of that contravention.

Clause 78: Subsection 19(1) reads as follows:

19. (1) Where the Minister believes on reasonable grounds that a product regulated under an Act or provision that the Agency enforces or administers by virtue of section 11 poses a risk to public, animal or plant health, the Minister may, by notice served on any person selling, marketing or distributing the product, order that the product be recalled or sent to a place designated by the Minister.

Clause 79: New.

Agriculture and Agri-Food Administrative Monetary Penalties Act

Clause 80: The long title reads as follows:

An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act

Clause 81: The definitions ``agri-food Act'' and ``Tribunal'' in section 2 reads as follows:

``agri-food Act'' means the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;

``Tribunal'' means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act.

Clause 82: New.

Clause 83: New.

Clause 84: (1) New. The relevant portion of subsection 15(1) reads as follows:

15. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

(2) Subsection 15(3) reads as follows:

(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14 of this Act and subsection 12(2) of the Canada Agricultural Products Act.

Clause 85: New.

Health of Animals Act

Clause 90: (1) The definitions ``justice'' and ``peace officer'' in subsection 2(1) read as follows:

``justice'' means a justice as defined in section 2 of the Criminal Code;

``peace officer'' means a peace officer as defined in section 2 of the Criminal Code;

(2) The definitions ``animal deadyard'' and ``rendering plant'' in subsection 2(1) read as follows:

``animal deadyard'' means a place where animal carcasses, animal by-products or disabled or diseased animals are brought when they are not to be prepared for human consumption;

``rendering plant'' means a place

      (a) where animal by-products are prepared or treated for use in, or converted into, fertilizers, animal food, fats or oils, other than fats or oils used for human consumption,

      (b) where a substance resulting from a process mentioned in paragraph (a) is stored, packed or marked, or

      (c) from which a substance resulting from a process mentioned in paragraph (a) is shipped;

(3) The definitions ``analyst'', ``animal'', ``Assessor'', ``inspector'', ``officer'', ``Tribunal'' and ``veterinary inspector'' in subsection 2(1) read as follows:

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

``animal'' includes an embryo and a fertilized egg or ovum;

``Assessor'' means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act;

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

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

``Tribunal'' means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;

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

(4) and (5) New.

(6) The relevant portion of subsection 2(3) reads as follows:

(3) Toxic substances may be prescribed

    . . .

    (b) by reference to substances specified in any published document, as amended from time to time.

Clause 91: Subsection 16(1.1) is new. Subsection 16(1) reads as follows:

16. (1) Where a person imports into Canada any animal, animal product, animal byproduct, animal food or veterinary biologic, or any other thing used in respect of animals or contaminated by a disease or toxic substance, the person shall, either before or at the time of importation, present the animal, animal product, animal by-product, animal food, veterinary biologic or other thing to an inspector, officer or customs officer who may inspect it or detain it until it has been inspected or otherwise dealt with by an inspector or officer.

Clause 92: New.

Clause 93: Subsection 18(4) reads as follows:

(4) Where the animal or thing is not removed from Canada as required under this section, it shall, notwithstanding section 45, be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

Clause 94: Subsection 19(3) reads as follows:

(3) A copy of the certificate referred to in paragraph (1)(b) shall be delivered to

    (a) the master or agent of the vessel or the pilot in command or operator of the aircraft; and

    (b) the chief officer of customs of the port or airport from which the vessel or aircraft is to depart.

Clause 95: Section 29 reads as follows:

29. The Minister may operate, provide or approve any diagnostic, research, laboratory or other services or facilities required for the purposes of this Act or any regulations.

Clause 96: Section 32 reads as follows:

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.

(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.

Clause 97: Sections 35 and 36 read as follows:

35. (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an analyst, inspector or officer who is performing duties or functions under this Act or the regulations.

(2) The owner or the person in charge of a place entered by an inspector or officer under section 38 and every person found in the place shall

    (a) give the inspector or officer all reasonable assistance in the owner's or person's power to enable the inspector or officer to perform duties and functions under this Act or the regulations; and

    (b) furnish the inspector or officer with such information relevant to the administration of this Act or the regulations as the inspector or officer may reasonably require.

(3) A peace officer shall provide such assistance as an inspector or officer may request for the purpose of enforcing this Act or the regulations.

36. For the purpose of ensuring compliance with this Act and the regulations, an inspector or officer may exercise the power of arrest conferred on a peace officer under subsection 495(2) of the Criminal Code if the requirements of that subsection are complied with and, where the power is exercised, the inspector or officer is entitled to the benefit of subsection 495(3) of that Act.

Clause 98: The heading before section 38 and sections 38 to 47 read as follows:

Inspection

38. (1) For the purpose of detecting diseases or toxic substances or ensuring compliance with this Act and the regulations, an inspector or officer may

    (a) subject to section 39, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector or officer believes on reasonable grounds there is any animal or thing in respect of which this Act or the regulations apply;

    (b) open any receptacle, baggage, package, cage or other thing that the inspector or officer believes on reasonable grounds contains any animal or thing in respect of which this Act or the regulations apply;

    (c) require any person to present any animal or thing for inspection in such manner and under such conditions as the inspector considers necessary to carry out the inspection;

    (d) examine any animal or thing in respect of which this Act or the regulations apply and take samples of it;

    (e) require any person to produce for inspection or copying, in whole or in part, any record or document that the inspector or officer believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and

    (f) conduct any tests or analyses or take any measurements.

(2) In carrying out an inspection at any place under this section, an inspector or officer may

    (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

    (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

39. (1) An inspector or officer may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant.

(2) Where on ex parte application a justice is satisfied by information on oath that

    (a) the conditions for entry described in section 38 exist in relation to a dwelling-place,

    (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

    (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

the justice may at any time sign and issue a warrant authorizing the inspector or officer named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant.

(3) The inspector or officer who executes a warrant shall not use force unless the inspector or officer is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

40. Where an inspector or officer believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector or officer may seize and detain any animal or thing

    (a) by means of or in relation to which the inspector or officer believes on reasonable grounds the violation or offence was committed; or

    (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or of an offence under this Act.

Search

41. (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 animal or thing

    (a) by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or

    (b) that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation, or an offence under this Act,

the justice may at any time sign and issue a warrant authorizing an inspector or officer to enter and search the place for the animal or thing and, subject to any conditions that may be specified in the warrant, to seize and detain it.

(2) The inspector or officer who executes a warrant may exercise the powers described in section 38 and may seize and detain, in addition to any animal or thing mentioned in the warrant, any animal or thing

    (a) by means of or in relation to which the inspector or officer believes on reasonable grounds a violation, or an offence under this Act, has been committed; or

    (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

(3) A warrant shall be executed by day unless the justice authorizes its execution by night.

(4) An inspector or officer may exercise any of the powers mentioned in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

Disposition of Animals and Things Seized

42. An inspector or officer who seizes and detains an animal or thing under this Act shall, as soon as is practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.

43. (1) An inspector or officer who seizes and detains an animal or thing under this Act, or any person designated by the inspector or officer, may

    (a) store it at the place where it was seized or remove it to any other place for storage; or

    (b) require its owner or the person having the possession, care or control of it at the time of the seizure to remove it to any other place and to store it.

(2) A requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending a notice to the owner or person, and the notice may specify the period within which and the manner in which the animal or thing is to be removed and stored.

(3) An inspector or officer who seizes and detains an animal or a perishable thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.

44. Except as authorized in writing by an inspector or officer, no person shall remove, alter or interfere in any way with an animal or thing seized and detained under this Act.

45. (1) An animal or thing seized and detained under this Act, or any proceeds realized from its disposition, shall not be detained after

    (a) a determination by an inspector or officer that the animal or thing is in conformity with the provisions of this Act and the regulations, or

    (b) the expiration of one hundred and eighty days after the day of seizure, or such longer period as may be prescribed,

unless before that time proceedings are instituted in relation to the animal or thing, in which case it, or the proceeds from its disposition, may be detained until the proceedings are finally concluded.

(2) Where proceedings are instituted in accordance with subsection (1) in respect of the animal or thing and it has not been disposed of or forfeited under this Act, the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure may apply

    (a) in the case of a violation, to the Tribunal, or

    (b) in the case of an offence, to the court before which the proceedings are being held,

for an order that it be returned.

(3) The Tribunal or court, as the case may be, may order that the animal or 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 animal or thing and that it is not, or is not suspected of being, affected or contaminated by a disease or toxic substance.

46. (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 animal or 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.

(2) Where the owner of an animal or thing seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

47. (1) Where proceedings mentioned in subsection 45(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 an animal or thing that was seized and detained, it shall be disposed of as the Minister may direct.

(2) Where the Tribunal or court, as the case may be, does not order the forfeiture of an animal or thing, it or any proceeds realized from its disposition shall be returned to the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure.

(3) Where the Tribunal decides that the owner of an animal or 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 an animal or 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,

    (a) the animal or thing may be detained until the penalty or fine is paid;

    (b) the animal or thing may be sold under execution in satisfaction of the penalty or fine; or

    (c) any proceeds realized from its disposition under paragraph (b) or section 43 may be applied in payment of the penalty or fine.

Clause 99: Subsections 51(3) and (4) read as follows:

(3) The value mentioned in paragraph (2)(a) shall not exceed any maximum amount established with respect to the animal by or under the regulations.

(4) In addition to the amount calculated under subsection (2), compensation may include such costs related to the disposal of the animal as are permitted by the regulations.

Clause 100: New. The relevant portion of subsection 54(1) reads as follows:

54. (1) Compensation may be withheld in whole or in part where, in the opinion of the Minister,

Clause 101: The relevant portion of section 55 reads as follows:

55. The Minister may make regulations

    . . .

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

    (c) permitting compensation for any costs related to the disposal of animals and things and for determining the amounts of the compensable costs, including prescribing maximum amounts.

Clause 102: Subsection 58(2) reads as follows:

(2) The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.

Clause 103: Subsections 59(2) and (3) read as follows:

(2) Subject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 56 to 58, apply in respect of appeals brought under section 56.

(3) The functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 56 to 58 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act.

Clause 104: The heading before section 60 reads as follows:

FEES, CHARGES AND COSTS

Clause 105: (1) and (2) Section 60 reads as follows:

60. (1) Her Majesty, and any person who has entered into an agreement with the Minister under section 34, may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty or the other person, as the case may be, in relation to anything required or authorized under this Act or the regulations, including, without restricting the generality of the foregoing,

    (a) the inspection, treatment, segregation, quarantine, testing or analysis of a place, animal or thing, as the case may be, or the identification, storage, removal, disposal or return of an animal or thing, required or authorized under this Act or the regulations; and

    (b) the forfeiture, disposal, seizure or detention of an animal or thing under this Act or the regulations.

(2) The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or the owner of the animal or thing and from the person having the possession, care or control of it immediately before its inspection, treatment, segregation, detention, forfeiture, quarantine, testing, analysis, identification, storage, removal, return or disposal or, in the case of an animal or thing seized under this Act, immediately before its seizure.

Clause 106: (1) and (2) Section 61 reads as follows:

61. (1) Her Majesty may recover from any person mentioned in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to taking any measures under section 27 in respect of a control area.

(2) The fees, charges and costs are recoverable from any persons who through their fault or negligence, or that of others for whom in law they are responsible, caused or contributed to the causation of the existence or spread of the disease or toxic substance in respect of which the control area was declared.

Clause 107: Section 62 reads as follows:

62. Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a licence, permit, approval, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.

Clause 108: Section 63 reads as follows:

63. Any fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.

Clause 109: (1) to (3) Paragraph 64(1)(a.1) is new. The relevant portion of subsection 64(1) reads as follows:

64. (1) The Governor in Council may make regulations for the purpose of protecting human and animal health through the control or elimination of diseases and toxic substances and generally for carrying out the purposes and provisions of this Act, including regulations

    . . .

    (u) regulating the construction, operation and maintenance of animal deadyards, rendering plants and animal food factories;

    (v) regulating the importation, preparation, manufacturing, preserving, packaging, labelling, storing, distribution, sale, conditions of sale and advertising for sale of products of animal deadyards, rendering plants and animal food factories;

    . . .

    (z.2) governing the collection of information and statistics, the publication of studies and the conduct of surveys on any matter related to this Act or the regulations;

    (z.3) requiring records to be kept respecting activities in respect of which this Act or the regulations apply;

    (z.4) prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act or the regulations; and

Clause 110: New.

Clause 111: The relevant portion of section 66 reads as follows:

66. Every person who fails to comply with a notice delivered to the person under section 18, 25, 27, 37, 43 or 48 or the regulations is guilty of

Clause 112: Sections 74.1 to 74.7 are new. Sections 68 to 74 read as follows:

68. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

69. The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,

    (a) an inspector or officer may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector's or officer's signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or

    (b) the summons may be served on an accused by mailing the summons to the accused at the accused's latest known address,

and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.

70. Where a person is convicted of an offence under this Act and a fine that is 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 convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

71. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

72. In any 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

    (a) the offence was committed without the knowledge or consent of the accused; and

    (b) the accused exercised all due diligence to prevent the commission of the offence.

73. A prosecution for an offence under this Act may be instituted, heard and determined in the place where

    (a) the offence was committed or the subject-matter of the prosecution arose;

    (b) the accused was apprehended; or

    (c) the accused happens to be, or is carrying on business.

EVIDENCE

74. (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 analyst, inspector or officer, purporting to have been signed by the Minister or the analyst, inspector or officer, 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.

(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 analyst, inspector or officer under this Act or the regulations and that appears to have been certified under the signature of the Minister or the analyst, inspector or officer 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.

(3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.

(4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy or extract.

Plant Protection Act

Clause 115: (1) The definitions ``justice'' and ``peace officer'' in section 3 read as follows:

``justice'' means a justice as defined in section 2 of the Criminal Code;

``peace officer'' means a peace officer as defined in section 2 of the Criminal Code;

(2) The definitions ``Assessor'', ``inspector'' and ``Tribunal'' in section 3 read as follows:

``Assessor'' means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act;

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

``Tribunal'' means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;

(3) New.

Clause 116: New.

Clause 117: Subsection 8(3) reads as follows:

(3) Where a thing is not removed from Canada as required under this section, it shall, notwithstanding section 32, be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

Clause 118: Section 21 reads as follows:

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.

(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.

Clause 119: Section 23 reads as follows:

23. (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an inspector who is performing duties or functions under this Act or the regulations.

(2) The owner or the person in charge of a place entered by an inspector under section 25 and every person found in the place shall

    (a) give the inspector all reasonable assistance in the owner's or person's power to enable the inspector to perform duties and functions under this Act or the regulations; and

    (b) furnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require.

(3) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.

Clause 120: The heading before section 25 and sections 25 to 34 read as follows:

Inspection

25. (1) For the purpose of detecting pests or ensuring compliance with this Act and the regulations, an inspector may

    (a) subject to section 26, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector believes on reasonable grounds there is any thing in respect of which this Act or the regulations apply;

    (b) open any receptacle, baggage, package, cage or other thing that the inspector believes on reasonable grounds contains any thing in respect of which this Act or the regulations apply;

    (c) examine any thing in respect of which this Act or the regulations apply and take samples of it;

    (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and

    (e) conduct any tests or analyses or take any measurements.

(2) In carrying out an inspection at any place under this section, an inspector may

    (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

    (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

26. (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant.

(2) Where on ex parte application a justice is satisfied by information on oath that

    (a) the conditions for entry described in section 25 exist in relation to a dwelling-place,

    (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

    (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant.

(3) The inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

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

    (a) by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or

    (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

Search

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

    (a) by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or

    (b) that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation or an offence under this Act,

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.

(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

    (a) by means of or in relation to which the inspector believes on reasonable grounds a violation, or an offence under this Act, has been committed; or

    (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

(3) A warrant shall be executed by day unless the justice authorizes its execution by night.

(4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

Disposition of Seized Things

29. An inspector who seizes and detains a thing under this Act shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.

30. (1) An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may

    (a) store, treat, quarantine or dispose of the thing at the place where it was seized or move it to any other place for storage, treatment, quarantine or disposition; or

    (b) require its owner or the person having the possession, care or control of it at the time of its seizure to store, treat, quarantine or dispose of it or move it to any other place and store, treat, quarantine or dispose of it.

(2) A requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending the notice to the owner or person, and the notice may specify the period within which or the manner in which the thing is to be moved, stored, treated, quarantined or disposed of.

(3) An inspector who seizes and detains a thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.

31. Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a thing that is seized and detained under this Act.

32. (1) A thing that is seized and detained under this Act, or any proceeds realized from its disposition, shall not be detained after

    (a) a determination by an inspector that the thing is in conformity with the provisions of this Act and the regulations, or

    (b) the expiration of one hundred and eighty days after the day of seizure, or such longer period as may be prescribed,

unless before that time proceedings are instituted in relation to the thing, in which case it, or the proceeds from its disposition, may be detained until the proceedings are finally concluded.

(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

    (a) in the case of a violation, to the Tribunal, or

    (b) in the case of an offence, to the court before which the proceedings are being held,

for an order that it be returned.

(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.

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.

(2) Where the owner of a thing that is seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

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.

(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.

(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,

    (a) the thing may be detained until the penalty or fine is paid;

    (b) the thing may be sold under execution in satisfaction of the penalty or fine; or

    (c) any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.

Clause 121: Section 37 and the heading before it read as follows:

SAMPLES

37. (1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

(2) Her Majesty is not liable for any costs, loss or damage resulting from the taking or disposition of a sample under this Act or the regulations.

Clause 122: Subsection 42(2) reads as follows:

(2) The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.

Clause 123: Subsections 43(2) and (3) read as follows:

(2) Subject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 40 to 42, apply in respect of appeals brought under section 40.

(3) The functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 40 to 42 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act.

Clause 124: The heading before section 44 reads as follows:

FEES, CHARGES AND COSTS

Clause 125: (1) and (2) Section 44 reads as follows:

44. (1) Her Majesty may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including, without limiting the generality of the foregoing,

    (a) the inspection, treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; and

    (b) the seizure, confiscation, forfeiture, detention or disposal of a thing under this Act or the regulations.

(2) The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or owner of the thing and from the person having the possession, care or control of it immediately before its inspection, treatment, testing, analysis, quarantine, storage, removal, return or disposal or, in the case of a thing seized, confiscated, forfeited, detained or disposed of under this Act or the regulations, immediately before its seizure, confiscation, forfeiture, detention or disposal.

Clause 126: Section 45 reads as follows:

45. Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a permit, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.

Clause 127: Section 46 reads as follows:

46. Any fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.

Clause 128: (1) to (3) The relevant portion of section 47 reads as follows:

47. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act, including regulations

    . . .

    (e) designating places of entry where things may be presented for inspection and admittance into Canada;

    . . .

    (m) respecting the detention or disposition of things seized, forfeited or confiscated under this Act;

    . . .

    (r) requiring documents to be furnished to or by inspectors; and

    (s) prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act or the regulations.

Clause 129: New.

Clause 130: The relevant portion of section 49 reads as follows:

49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of

Clause 131: Sections 57.1 to 57.7 are new. Sections 51 to 57 read as follows:

51. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter asserted in it.

52. The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,

    (a) an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector's signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or

    (b) the summons may be served on an accused by mailing the summons to the accused at the accused's latest known address,

and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.

53. Where a person is convicted of an offence under this Act and a fine that is 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 convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

54. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

55. In any 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

    (a) the offence was committed without the knowledge or consent of the accused; and

    (b) the accused exercised all due diligence to prevent the commission of the offence.

56. A prosecution for an offence under this Act may be instituted, heard and determined in the place where

    (a) the offence was committed or the subject-matter of the prosecution arose;

    (b) the accused was apprehended; or

    (c) the accused happens to be, or is carrying on business.

EVIDENCE

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.

(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.

(3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.

(4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.

Plant Breeders' Rights Act

Clause 134: (1) The definition ``protective direction'' in subsection 2(1) reads as follows:

``protective direction'' means a protective direction under section 19;

(2) The definitions ``agreement country'', ``breeder'', ``country of the Union'', ``infringement'' and ``plant breeders' rights'' in subsection 2(1) read as follows:

``agreement country'' means

      (a) any country,

      (b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or

      (c) any territory over which another country exercises a mandate or trusteeship,

    that is prescribed as an agreement country with a view to the fulfilment of a bilateral agreement concerning the rights of plant breeders made between Canada and that country;

``breeder'', in respect of a plant variety, means

      (a) where any person acting within the scope of the person's duties as an officer, servant or employee of another person originates or discovers the plant variety, that other person, and

      (b) where any person not acting as described in paragraph (a) originates or discovers the plant variety, that person;

``country of the Union'' means

      (a) any country,

      (b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or

      (c) any territory over which another country exercises a mandate or trusteeship,

    that is prescribed as a country of the Union with a view to the fulfilment of a convention constituting a Union for protecting new varieties of plants that includes Canada among its members;

``infringement'', in relation to plant breeder's rights, means the doing, without authority under this Act, of anything that the holder of those rights has the exclusive right to do as provided in subsection 5(1);

``plant breeder's rights'' means the rights referred to in subsection 5(1);

(3) Subsection 2(3) is new. Subsection 2(2) reads as follows:

(2) Notwithstanding anything in this Act, a country of the Union or an agreement country may be prescribed for all or any of the provisions of this Act or the regulations in so far as those provisions have reference, express or implied, to such a country.

Clause 135: (1) and (2) The relevant portion of subsection 5(1) reads as follows:

5. (1) Subject to this Act, the holder of the plant breeder's rights respecting a plant variety has the exclusive right

    . . .

    (b) to make repeated use of propagating material of the plant variety in order to produce commercially another plant variety if the repetition is necessary for that purpose;

Clause 136: New.

Clause 137: Subsection 6(1) reads as follows:

6. (1) The term of the grant of plant breeder's rights shall, subject to earlier termination pursuant to this Act, be a period of eighteen years, commencing on the day the certificate of registration is issued under paragraph 27(3)(b).

Clause 138: (1) and (2) The relevant portion of subsection 7(1) reads as follows:

7. (1) Subject to section 8, a breeder of a new variety or a legal representative of the breeder may make an application to the Commissioner for the grant of plant breeder's rights respecting that variety if

    . . .

    (b) in any other case, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety in Canada before the effective date of the application; and

    (c) subject to any prescribed exemptions, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety outside Canada before the commencement of such period prior to the date described in paragraph (a) as is prescribed for the purposes of this paragraph.

Clause 139: Subsection 10(1) reads as follows:

10. (1) Subject to subsections (2) and 11(1), the effective date of an application is the date on which the application is received by the Commissioner and, in the case of receipt by the Commissioner of two or more applications respecting a new variety the breeders of which bred it independently of each other, priority shall be given to the application first received by the Commissioner.

Clause 140: Subsection 11(3) reads as follows:

(3) An application given priority under subsection (1) shall be supported by the required material furnished pursuant to this Act and the regulations before the expiration of the prescribed period, not exceeding four years, after the last day of the twelve months within which the application is submitted in accordance with paragraph (1)(a).

Clause 141: New.

Clause 142: The heading before section 19 and sections 19 to 21 read as follows:

PROTECTIVE DIRECTIONS

19. (1) An application for the grant of plant breeder's rights may include an application, accompanied by the fee prescribed in respect thereof, to the Commissioner for a protective direction respecting the plant variety in relation to which the application is made.

(2) Every person applying for a protective direction in accordance with subsection (1) shall undertake not to sell during the subsistence thereof propagating material of the plant variety unless the sale is made in good faith for purposes of scientific research, is part of a transaction involving the sale of the plant breeder's rights or consists of the sale of propagating material for the purpose of accumulating stock for subsequent resale to that person.

(3) Subject to subsection (4), where the undertaking required by subsection (2) is given, the Commissioner shall grant a protective direction to the person giving the undertaking and anything done while the protective direction is in force that, if the plant breeder's rights respecting the plant variety were granted, would constitute an infringement of those rights is actionable pursuant to this section as if it were such an infringement.

(4) Where the Commissioner has reason to suspect that a person whose application for the grant of plant breeder's rights includes an application for a protective direction is not entitled in accordance with section 7 or 8 to make the application for that grant, the Commissioner shall refuse to grant the protective direction.

(5) The Commissioner shall not refuse to grant a protective direction to a person without first giving the person notice of the objections to it and of the grounds for those objections as well as a reasonable opportunity to make representations with respect thereto.

20. (1) The Commissioner may withdraw a protective direction if the person to whom it was granted so requests and, notwithstanding the absence of any such request, the Commissioner shall withdraw a protective direction if the Commissioner is satisfied that

    (a) the person to whom it was granted has given an undertaking, whether or not for consideration, not to institute proceedings pursuant to section 19; or

    (b) a breach of the undertaking given by the person pursuant to subsection 19(2) has occurred.

(2) Section 36 applies, with such modifications as the circumstances require, in respect of the withdrawal of a protective direction as that section applies in respect of the revocation of plant breeder's rights.

21. As soon as an application for the grant of plant breeder's rights that includes an application for a protective direction is disposed of, whether by grant or refusal to grant those rights or otherwise, the protective direction lapses if it is in force at the time of that disposal.

Clause 143: Subsection 27(2) reads as follows:

(2) Where the Commissioner

    (a) is not satisfied, after consideration of an application and evaluation of results, as described in subsection (1), or

    (b) has, pursuant to paragraph 20(1)(b), withdrawn a protective direction and finds no reason considered by the Commissioner to be sufficient for nevertheless granting the plant breeder's rights to the applicant to whom the protective direction was granted,

the Commissioner shall refuse the application.

Clause 144: Section 29 reads as follows:

29. The grant of the plant breeder's rights respecting a plant variety is subject to any conditions related to its category that are prescribed for the purpose of requiring the holder of those rights to authorize, pursuant to paragraph 5(1)(d), the doing of an act described in paragraphs 5(1)(a) to (c).

Clause 145: Subsection 32(1) reads as follows:

32. (1) Subject to this section and the regulations, the Commissioner shall, on application by any person, where the Commissioner considers that it is appropriate to do so, confer on the person in the form of a compulsory licence rights to do any thing that the holder might authorize another person to do pursuant to paragraph 5(1)(d).

Clause 146: Section 34 reads as follows:

34. The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of plant breeder's rights, annul the grant if the Commissioner is satisfied that the requirements specified in paragraph 4(2)(a) or the conditions specified in subsection 7(1) were not fulfilled.

Clause 147: (1) and (2) Paragraphs 35(1)(f) and (g) are new. The relevant portion of subsection 35(1) reads as follows:

35. (1) The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of any plant breeder's rights, revoke the rights if the Commissioner is satisfied that

    . . .

    (c) the applicant for the grant of those rights committed a breach of an undertaking given by the applicant under subsection 19(2);

(3) New.

Clause 148: The relevant portion of subsection 45(1) reads as follows:

45. (1) A person authorized pursuant to paragraph 5(1)(d) or licensed to exercise plant breeder's rights may, subject to any agreement between the holder of the rights and that person,

Clause 149: The relevant portion of subsection 50(1) reads as follows:

50. (1) An appeal lies to the Federal Court from a decision on review under any regulations made pursuant to paragraph 75(1)(m) or from a decision of the Commissioner, other than a decision subject to review under any such regulations, where the decision on review is given in respect of, or the Commissioner's decision is, a decision

    . . .

    (b) determining whether or not

      (i) annulment of the grant of plant breeder's rights is required by section 13,

      (ii) the grant of a protective direction is to be refused, or

      (iii) any condition described in paragraph 20(1)(a) or (b) is fulfilled;

Clause 150: Subsection 51(1) reads as follows:

51. (1) Subject to subsection 67(4), where any appeal or other proceedings have been instituted in the Federal Court under any provision of this Act, the Commissioner shall, at the request of any party to the proceedings and on payment of the prescribed fee, transmit to the Court all records and documents on file in the Plant Breeders' Rights Office that relate to the matters in question in the proceedings.

Clause 151: Subsection 56(4) reads as follows:

(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.

Clause 152: The relevant portion of section 63 reads as follows:

63. The Commissioner shall keep a register of plant breeders' rights and, subject to the payment of any fee or charge required by or under this Act to be paid in the case of any entry in the register, the Commissioner shall enter in it

    . . .

    (h) the prescribed particulars of each application for the grant of plant breeder's rights and of any abandonment or withdrawal of the application and, where a protective direction is granted, a statement to that effect; and

Clause 153: (1) Subsection 67(2) reads as follows:

(2) Subject to subsection (4),

    (a) the register,

    (b) the index, and

    (c) any documents referred to in subsection (1) that are prescribed for the purposes of this subsection or that may properly, in the opinion of the Commissioner, be open for inspection by the public,

shall be open for inspection, on payment of the prescribed fees, during business hours at the Plant Breeders' Rights Office and the Commissioner shall, on request and on payment of the prescribed fee, furnish any person with a copy of, or certificate with regard to, an entry in the register or index or with a copy of any such document.

(2) Subsection 67(4) reads as follows:

(4) An application for plant breeder's rights and any document or instrument that accompanies it shall not, except with the consent of the applicant or by order of a court for the purposes of proceedings before it, be published by the Commissioner or be open to public inspection at any time before particulars of the application are published in the Canada Gazette pursuant to section 70.

Clause 154: (1) The relevant portion of subsection 70(1) read as follows:

70. (1) The Commissioner shall cause to be published in the Canada Gazette such particulars of the following as are prescribed:

    . . .

    (c) every application for a protective direction;

    (d) every grant or withdrawal of a protective direction;

(2) The relevant portion of subsection 70(3) reads as follows:

(3) In addition to the matters referred to in subsection (1), the Commissioner shall cause to be published in the Canada Gazette

    . . .

    (b) a notice of every refusal to grant a protective direction and of every annulment under section 34 or revocation under section 35.

Clause 155: (1) to (4) Paragraphs 75(1)(d.1) and (j.1) are new. The relevant portion of subsection 75(1) reads as follows:

75. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

    (a) determining the nature of any charges that a person may be required to pay in respect of any services provided in the execution of any functions by or under the authority of the Commissioner;

    . . .

    (c) defining the meanings of the words and expressions ``commercially acceptable'', ``description'', ``designation'', ``identifiable characteristics'', ``recently prescribed category'', ``representations'', ``reasonably priced'' and ``widely distributed'' for the purposes of this Act;

    (d) requiring

      (i) the publication in the Trade Marks Journal of prescribed particulars respecting proposals, approvals and changes of denominations pursuant to section 14, and

      (ii) notwithstanding anything in subsection 73(1), the advisory committee's advice as a prerequisite for the execution of any functions by the Minister or the Commissioner;

    . . .

    (f) giving effect to the terms of

      (i) any convention with a view to the fulfilment of which any country is prescribed as a country of the Union, and

      (ii) any agreement with a view to the fulfilment of which any country is prescribed as an agreement country,

    and, notwithstanding anything in this Act, qualifying or curtailing any rights, protection or other benefits under this Act to any extent conducive to reciprocity between Canada and any such country;

Clause 156: Section 76 and the heading before it read as follows:

SEEDS ACT

76. (1) Nothing provided or granted by or under this Act shall be construed as conferring authority for

    (a) any seed to be sold, imported, exported or advertised, or

    (b) any name, mark or label to be applied in connection with any seed,

contrary to the Seeds Act or any regulations thereunder.

(2) In subsection (1), ``seed'' has the meaning assigned to that expression by section 2 of the Seeds Act.

Canadian Wheat Board Act

Clause 164: The relevant portion of section 46 reads as follows:

46. The Governor in Council may make regulations

    . . .

    (b.1) to permit the importation into Canada of wheat or wheat products that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Board subject, if the Governor in Council considers it appropriate, to any of the following requirements, namely,

      . . .

      (iii) that the wheat be accompanied by a certificate issued under section 4.1 of the Seeds Act, if the wheat is imported for seed use;

Competition Act

Clause 165: Subsection 7(1) reads as follows:

7. (1) The Governor in Council may appoint an officer to be known as the Commissioner of Competition, who shall be responsible for

    (a) the administration and enforcement of this Act;

    (b) the administration of the Consumer Packaging and Labelling Act;

    (c) the enforcement of the Consumer Packaging and Labelling Act except as it relates to food, as that term is defined in section 2 of the Food and Drugs Act; and

    (d) the administration and enforcement of the Precious Metals Marking Act and the Textile Labelling Act.

Consumer Packaging and Labelling Act

Clause 166: (1) The definitions ``inspector'' and ``Minister'' in subsection 2(1) read as follows:

``inspector'' means any person designated as an inspector

      (a) for the enforcement of this Act under the Department of Industry Act, or

      (b) for the enforcement of this Act as it relates to food, as defined in section 2 of the Food and Drugs Act, under the Canadian Food Inspection Agency Act;''

``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;

(2) Subsection 2(2) reads as follows:

(2) The functions of the Minister of Industry in relation to the administration of this Act except subsection 11(1), and in relation to the enforcement of this Act except as it relates to food, as that term is defined in section 2 of the Food and Drugs Act, may be exercised by the Commissioner on behalf of that Minister.

Clause 167: Subsection 3(2) reads as follows:

(2) This Act does not apply to any product that is a device or drug within the meaning of the Food and Drugs Act.

Clause 168: Section 8 reads as follows:

8. No dealer shall apply to any edible or potable prepackaged product a label that contains any representation with respect to the number of servings contained in the container of the prepackaged product unless that label contains a declaration of net quantity of each serving in the form and manner prescribed and in terms of either

    (a) numerical count, or

    (b) a unit of measurement set out in Schedule I to the Weights and Measures Act,

as may be prescribed.

Clause 169: The relevant portion of subsection 15(4) reads as follows:

(4) Any product or other thing seized pursuant to subsection (1) shall not be detained

    . . .

    (c) after the expiration of sixty days after the day of seizure, or if the seizure is in respect of a contravention of the Act as it relates to food as defined in section 2 of the Food and Drugs Act, one hundred and eighty days after the day of seizure, unless, before that time,

Clause 170: (1) The relevant portion of subsection 20(1) reads as follows:

20. (1) Subject to subsection (2.1), every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

(2) The relevant portion of subsection 20(2) reads as follows:

(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

(3) Subsections 20(2.1) and (2.2) read as follows:

(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

    (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

    (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years or to both.

(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.

Clause 171: Subsection 21(2.1) reads as follows:

(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.

Contraventions Act

Clause 172: Item 7 of the schedule and the heading before it read as follows:

Health of Animals Act

7. Section 69 is repealed.

Clause 173: Item 12 of the schedule and the heading before it read as follows:

Plant Protection Act

12. Section 52 is repealed.

Excise Act

Clause 174: Section 155 reads as follows:

155. Subject to the Trade-marks Act and the Food and Drugs Act, no person shall attach to any bottle, flask or other package of spirits any la bel, stamp or other device containing any statement or information other than the name of the spirits and the name of the bottler and his place of residence, unless the form and wording thereof have first been approved by the Minister.

Federal Court Act

Clause 175: The relevant portion of subsection 28(1) reads as follows:

28. (1) The Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

    (a) the Board of Arbitration established by the Canada Agricultural Products Act;

    (b) the Review Tribunal established by the Canada Agricultural Products Act;

Food and Drugs Act

Clause 176: The long title reads as follows:

An Act respecting food, drugs, cosmetics and therapeutic devices

Clause 177: Section 1 reads as follows:

1. This Act may be cited as the Food and Drugs Act.

Clause 178: The definitions ``package'' and ``unsanitary conditions'' in section 2 read as follows:

``package'' includes any thing in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed;

``unsanitary conditions'' means such conditions or circumstances as might contaminate with dirt or filth, or render injurious to health, a food, drug or cosmetic.

Clause 179: The heading before section 4 and sections 4 to 7 read as follows:

Food

4. No person shall sell an article of food that

    (a) has in or on it any poisonous or harmful substance;

    (b) is unfit for human consumption;

    (c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance;

    (d) is adulterated; or

    (e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

5. (1) No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

(2) An article of food that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).

6. (1) Where a standard for a food has been prescribed, no person shall

    (a) import into Canada,

    (b) send, convey or receive for conveyance from one province to another, or

    (c) have in possession for the purpose of sending or conveying from one province to another

any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.

(2) Paragraphs (1)(b) and (c) do not apply to an operator of a conveyance that is used to carry an article or to a carrier of an article whose sole concern, in respect of the article, is the conveyance of the article unless the operator or carrier could, with reasonable diligence, have ascertained that the conveying or receiving for conveyance of the article or the possession of the article for the purpose of conveyance would be in contravention of subsection (1).

(3) Where a standard for a food has been prescribed, no person shall label, package, sell or advertise any article that

    (a) has been imported into Canada,

    (b) has been sent or conveyed from one province to another, or

    (c) is intended to be sent or conveyed from one province to another

in such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.

6.1 (1) The Governor in Council may, by regulation, identify a standard prescribed for a food, or any portion of the standard, as being necessary to prevent injury to the health of the consumer or purchaser of the food.

(2) Where a standard or any portion of a standard prescribed for a food is identified by the Governor in Council pursuant to subsection (1), no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that food unless the article complies with the standard or portion of a standard so identified.

7. No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.

Clause 180: The relevant portion of subsection 23(2) reads as follows:

(2) In subsection (1), ``article to which this Act or the regulations apply'' includes

    (a) any food, drug, cosmetic or device;

Clause 181: (1) to (3) The relevant portion of subsection 30(1) reads as follows:

30. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulations

    (a) declaring that any food or drug or class of food or drugs is adulterated if any prescribed substance or class of substances is present therein or has been added thereto or extracted or omitted therefrom;

    (b) respecting

      (i) the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices,

      (ii) the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices,

      (iii) the sale or the conditions of sale of any food, drug, cosmetic or device, and

      (iv) the use of any substance as an ingredient in any food, drug, cosmetic or device,

    to prevent the purchaser or consumer thereof from being deceived or misled in respect of the design, construction, performance, intended use, quantity, character, value, composition, merit or safety thereof, or to prevent injury to the health of the purchaser or consumer;

    (c) prescribing standards of composition, strength, potency, purity, quality or other property of any article of food, drug, cosmetic or device;

    (d) respecting the importation of foods, drugs, cosmetics and devices in order to ensure compliance with this Act and the regulations;

    (e) respecting the method of manufacture, preparation, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer;

    (f) requiring persons who sell food, drugs, cosmetics or devices to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act and the regulations;

    . . .

    (j) exempting any food, drug, cosmetic or device from all or any of the provisions of this Act and prescribing the conditions of the exemption;

    . . .

    (l) providing for the analysis of food, drugs or cosmetics other than for the purposes of this Act and prescribing a tariff of fees to be paid for that analysis;

Clause 182: Section 31.1 reads as follows:

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

    (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

    (b) on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.

Clause 183: Section 32 reads as follows:

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.

(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.

Clause 184: Subsection 36(4) reads as follows:

(4) Where a person is prosecuted under this Part for having manufactured an adulterated food or drug for sale, and it is established that the person had in his possession or on his premises any substance the addition of which to that food or drug has been declared by regulation to cause the adulteration of the food or drug, the onus of proving that the food or drug was not adulterated by the addition of that substance lies on the accused.

Clause 185: Subsection 37(1) reads as follows:

37. (1) This Act does not apply to any packaged food, drug, cosmetic or device, not manufactured for consumption in Canada and not sold for consumption in Canada, if the package is marked in distinct overprinting with the word ``Export'' or ``Exportation'' and a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner.

Canada Grain Act

Clause 188: The definition ``contaminated'' in section 2 reads as follows:

``contaminated'' means, in respect of grain, containing any substance in sufficient quantity that the grain is unfit for consumption by persons and animals or is adulterated within the meaning of the regulations made pursuant to paragraph 30(1)(a) of the Food and Drugs Act;

Clause 189: Section 28 reads as follows:

28. Notwithstanding paragraph 27(4)(b), where grain of any kind is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada, no person shall, except with the permission of the Commission, assign to that grain a grade that is higher than the lowest grade established by regulation for that kind of grain.

An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

Clause 190: The heading before section 26 and sections 26 to 28 read as follows:

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

26. The long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agriculture Products Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act

27. The definition ``agri-food Act'' in section 2 of the Act is replaced by the following:

``agri-food Act'' means the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;

CONDITIONAL AMENDMENTS

28. (1) On the later of the coming into force of section 29 of the Farm Debt Mediation Act, chapter 21 of the Statutes of Canada, 1997, and the coming into force of section 26 of this Act, the long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agriculture Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act

(2) On the later of the coming into force of section 30 of the Farm Debt Mediation Act, chapter 21 of the Statutes of Canada, 1997, and the coming into force of section 27 of this Act, the definition ``agri-food Act'' in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

``agri-food Act'' means the Canada Agricultural Products Act, the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act or the Seeds Act;

Hazardous Products Act

Clause 191: Paragraph 3(1)(b.1) is new. The relevant portion of subsection 3(1) reads as follows:

3. (1) This Part does not apply in respect of the advertising, sale or importation of any

    . . .

    (b) cosmetic, device, drug or food within the meaning of the Food and Drugs Act;

Clause 192: Paragraph 12(b.1) is new. The relevant portion of section 12 reads as follows:

12. This Part does not apply in respect of the sale or importation of any

    . . .

    (b) cosmetic, device, drug or food within the meaning of the Food and Drugs Act;

Pest Control Products Act

Clause 193: The definition ``Tribunal'' in section 2 reads as follows:

``Tribunal'' means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;

Clause 194: New.

Clause 195: New. The relevant portion of subsection 6(1) reads as follows:

6. (1) The Governor in Council may make regulations

Tobacco Act

Clause 196: The definition ``tobacco product'' in section 2 reads as follows:

``tobacco product'' means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves. It includes cigarette papers, tubes and filters but does not include any food, drug or device that contains nicotine to which the Food and Drugs Act applies.

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