Bill C-80

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First Reading

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	Repeal
Repeal by order of Governor in Council	69. This Part is repealed on a day to be fixed by order of the Governor in Council.
	PART 6
1997, c. 6	CANADIAN FOOD INSPECTION AGENCY ACT
	70. *Section 2 of the Canadian Food Inspection Agency Act* is amended by adding the following in alphabetical order:**
``agricultural input'' « intrant agricole »	``agricultural input'' means an agricultural input as defined in subsection 2(1) of the Canada Food Safety and Inspection Act.
``agricultural or aquatic commodity'' « produit agricole ou aquicole »	``agricultural or aquatic commodity'' means an agricultural or aquatic commodity within the meaning of section 2 of the Canada Food Safety and Inspection Act.
``analyst'' « analyste »	``analyst'' means a person designated as an analyst under subsection 13(3).
``animal'' « animal »	``animal'' includes its embryo and its fertilized egg or ovum.
``container'' « emballage »	``container'' means any type of receptacle, baggage, package or cage and includes a wrapper or confining band.
``conveyance' ' « véhicule »	``conveyance'' means any vessel, aircraft, train, motor vehicle, cargo container, trailer or thing used to move persons, regulated products or things.
``dispose'' Version anglaise seulement	``dispose'' includes destroy.
``food'' « aliment »	``food'' means food as defined in subsection 2(1) of the Canada Food Safety and Inspection Act.
``grade name'' « nom de catégorie »	``grade name'' means a grade name as defined in subsection 2(1) of the Canada Food Safety and Inspection Act.
``grader'' « classifica- teur »	``grader'' means a person designated as a grader under subsection 13(3).
``inspection certificate'' « certificat d'inspection »	``inspection certificate'' means a certificate issued under section 40 certifying that a regulated product meets the requirements of an Act mentioned in subsection 11(1) or its regulations.
``inspection mark'' « sceau d'inspection »	``inspection mark'' means an inspection mark as defined in subsection 2(1) of the Canada Food Safety and Inspection Act.
``inspector'' « inspecteur »	``inspector'' means a person designated as an inspector under subsection 13(3) and includes a veterinary inspector.
``officer'' « agent d'exécution »	``officer'' means a person designated as an officer under subsection 13(3).
``penalty'' « sanction »	``penalty'' means an administrative monetary penalty imposed for a violation.
``person'' « personne »	``person'' means an individual, partnership, corporation, cooperative, association or organization.
``pest'' « parasite »	``pest'' means a pest as defined in section 3 of the Plant Protection Act.
``plant'' « végétal »	``plant'' includes a part of a plant.
``prescribed'' Version anglaise seulement	``prescribed'' means prescribed by regulation.
``regulated product'' « produit réglementé »	``regulated product'' means any thing to which any Act mentioned in subsection 11(1) applies, including any food, agricultural or aquatic commodity or agricultural input to which the Canada Food Safety and Inspection Act applies, any animal to which the Health of Animals Act applies and any plant to which the Plant Protection Act applies.
``Tribunal'' « Commission »	``Tribunal'' means the Review Tribunal continued by section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act.
``veterinary inspector'' « vétérinaire-i nspecteur »	``veterinary inspector'' means a veterinarian designated as a veterinary inspector under subsection 13(3).
``violation'' « violation »	``violation'' means a violation that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
	71. Subsection 4(2) of the Act is replaced by the following:
Delegation by Minister	(2) The Minister may delegate to any person any power, duty or function conferred on the Minister under any Act mentioned in subsection 11(1) , except the power to make regulations and the power to delegate under this subsection.
	72. Section 11 of the Act is replaced by the following:
Adminis- tration and enforcement	11. (1) The Agency is responsible for the administration and enforcement of this Act , the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Health of Animals Act, the Plant Breeders' Rights Act, the Plant Protection Act and the Canada Food Safety and Inspection Act, except that the Minister of Health is, by virtue of section 5 of the Canada Food Safety and Inspection Act, responsible for the establishment of policies and standards respecting any matter that may affect the safety and nutritional quality of food.
Assessment of Agency's activities	(2) The Minister of Health is responsible for assessing the effectiveness of the Agency's activities related to food safety.
	73. The heading before section 12 of the Act is replaced by the following:
	HUMAN RESOURCES, EQUIPMENT AND FACILITIES
	74. Subsection 13(3) of the Act is replaced by the following:
Designation of inspectors, analysts, graders and officers	(3) The President may, in relation to any matter, designate any person or class of persons as inspectors, veterinary inspectors, analysts, graders or officers for the enforcement or administration of any Act mentioned in subsection 11(1) and shall provide each inspector and veterinary inspector with a certificate of the person's designation.
Limits on powers	(4) The President may set terms and conditions on the exercise of any of the powers of any person or class of persons designated under subsection (3).
	75. The Act is amended by adding the following after section 13:
Designation of methods and equipment	13.1 The President, or any person authorized by the President, may designate methods and equipment to be used by the persons designated under subsection 13(3) in carrying out their duties and functions.
Operation, etc., of services and facilities	13.2 The Agency may operate, provide, approve or accredit any diagnostic, research, laboratory or other services or facilities required for the purposes of any Act mentioned in subsection 11(1), or engage the services of a laboratory accreditation or standards organization to accredit them.
	76. The Act is amended by adding the following after section 14:
Release of information	14.1 The Agency may release any information to the public or to an inspection agency or a governmental body in Canada or abroad with responsibilities similar to its own, or cause it to be so released, if the President is of the opinion that the release is in the public interest for health and safety reasons or to protect consumers or the reputation of regulated products exported from Canada.
	77. Sections 17 and 18 of the Act are replaced by the following:
Intellectual property	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 mentioned in subsection 11(1).
Injunctions	18. The Agency may apply to a judge of a court of competent jurisdiction for an injunction, interim or permanent , enjoining any person from contravening any Act mentioned in subsection 11(1) or its regulations , whether or not a prosecution has been instituted in respect of that contravention.
	REGISTRY
Registry	18.1 The Agency shall establish a registry of all contracts, memoranda of understanding, agreements and arrangements it enters into under section 14 and of every other document it considers appropriate for public information and shall provide the public with reasonable access to the registry.
	POINTS OF ENTRY
Points of entry	18.2 (1) The Minister may, by order, designate any place as a point of entry for the importation of regulated products.
Order not a statutory instrument	(2) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act, but it must be published in the Canada Gazette within 23 days after it is made.
	78. Subsection 19(1) of the Act is replaced by the following:
Recall order	19. (1) If the Minister believes on reasonable grounds that a product regulated under an Act mentioned in subsection 11(1) poses a risk to public, animal or plant health, the Minister may, by notice served on any person preparing , selling or distributing, as those terms are defined, where applicable, in the relevant Act, the product, order that the product be recalled or sent to a place designated by the Minister.
	79. The heading before section 32.1 and sections 32.1 to 93 of the Act are replaced by the following:
	POWERS, RIGHTS AND OBLIGATIONS OF INSPECTORS
	Protection
Protection	33. For the purposes of this Act, inspectors have the protections provided by subsections 25(1) and (2) of the Criminal Code, subject to subsection 25(3) of that Act.
	Inspections
Powers	34. (1) For the purpose of ensuring compliance with any Act mentioned in subsection 11(1), or for detecting diseases or toxic substances as defined in subsection 2(1) of the Health of Animals Act or pests, an inspector may
	(a) enter and inspect any place, including a conveyance, in which the inspector believes on reasonable grounds there is a regulated product or any information, record, book of account or other document or electronic data relevant to the administration of any Act mentioned in subsection 11(1);
	(b) open any container that the inspector believes on reasonable grounds contains anything referred to in paragraph (a);
	(c) require any person to present anything referred to in paragraph (a) for inspection in the manner and under any conditions that the inspector considers necessary to carry out the inspection;
	(d) require any person to present any document or thing that the inspector believes on reasonable grounds may serve to establish the identity of the person or a regulated product;
	(e) examine a regulated product or any other thing and take samples of it;
	(f) examine any record, book of account or other document or electronic data that the inspector believes on reasonable grounds contains information that is relevant to the administration of any Act mentioned in subsection 11(1) and make copies of any of those things;
	(g) conduct tests or analyses and take measurements; and
	(h) administer oaths and take and receive affidavits, declarations and solemn affirmations.
Operation of computer and copying equipment	(2) In exercising any of the powers mentioned in subsection (1), an inspector may
	(a) use any computer or data processing system to examine any data contained in or available to the computer or system;
	(b) reproduce any record from the data, in the form of a print-out or other intelligible output, and remove the print-out or other output for examination or copying; and
	(c) use any equipment at the place to make copies of any electronic data or any record, book of account or other document.
Warrant required to enter dwelling-plac e	35. (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant.
Authority to issue warrant	(2) On an ex parte application, a provincial court judge or a justice of the peace may issue a warrant, subject to any conditions specified in it, authorizing an inspector or a peace officer named in the warrant to enter a dwelling-place, if the judge or justice is satisfied by information on oath
	(a) that the conditions for entry described in paragraph 34(1)(a) exist in relation to the dwelling-place;
	(b) that entry to the dwelling-place is necessary for any purpose related to the carrying out of an inspection or examination; and
	(c) that entry to the dwelling-place has been refused or that there are reasonable grounds for believing that it will be refused.
Form of warrant	(3) A warrant issued under subsection (2) may be in any form that the provincial court judge or the justice of the peace considers appropriate.
Telewarrant	(4) If an inspector or a peace officer believes that the conditions for entry described in paragraph 34(1)(a) exist in relation to a dwelling-place and that it would be impracticable to appear personally before a provincial court judge or a justice of the peace to make application for a warrant under subsection (2), a warrant may be issued under this section by telephone or other means of telecommunication on a request submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 of the Criminal Code applies, with any modifications that the circumstances require.
Use of force	(5) The inspector or peace officer may not use force to execute the warrant unless its use is specifically authorized in the warrant.
Meaning of ``dwelling-pla ce''	(6) In this section, ``dwelling-place'' means any private dwelling-place or part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.
Stopping conveyance	36. (1) An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out.
Stopping mechanisms	(2) An inspector may stop the operation of any mechanism used in relation to a regulated product in order to carry out an inspection.
Certificate to be produced	37. When exercising any powers under section 34, an inspector must, on request, show his or her certificate of designation.
Entry	38. An inspector or any person acting under the authority of an inspector may, while exercising any powers under section 34, enter on and pass through or over private property without being liable for trespass or any other action in relation to the property.
Duty to assist	39. The owner or person in charge of a place, including a conveyance, that is entered by an inspector, and every person found in the place, shall
	(a) give the inspector and any other person acting under the authority of the inspector all reasonable assistance to enable each of them to carry out their powers and duties; and
	(b) provide any information relevant to the administration of any Act mentioned in subsection 11(1) that the inspector or that other person requires to be provided.