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Bill C-8

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ENFORCEMENT

Inspectors and Analysts

Appointment

45. (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act.

Designation of inspectors and analysts

(2) For the purposes of this Act, the Minister may designate qualified persons, either individually or as a class, to act as inspectors or analysts in relation to any matter referred to in the designation, but

    (a) no person who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the person is employed; and

    (b) no person who is employed by the government of a province may be designated without the approval of that government.

Inspector's certificate of designation

(3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector's designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

Obstruction of inspectors

46. (1) No person shall resist or wilfully obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is carrying out duties or functions under this Act.

Inspection of records

(2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request.

Offence and punishment

(3) Every person who contravenes this section is guilty of an offence and liable

    (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Voluntary Reports

Report of contravention

47. (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector.

Confidentialit y

(2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing.

Protection of person

(3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

    (a) made a report under subsection (1);

    (b) refused or stated an intention of refusing to do anything that the person reasonably believed was or would be a contravention under this Act; or

    (c) done or stated an intention of doing anything that the person reasonably believed was required by or under this Act.

Offence and punishment

(4) Every person who contravenes subsection (2) or (3) is guilty of an offence and liable

    (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Inspections

Powers of inspectors

48. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may

    (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

    (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

    (c) require any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;

    (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 information relevant to the administration of this Act or the regulations; and

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

Operation of data processing systems and copying equipment

(2) In conducting an inspection at a place, 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.

Warrant required to enter dwelling-plac e

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

Authority to issue warrant

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

    (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

    (b) entry to the dwelling-place is necessary for a 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 it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

Use of force

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

Assistance to inspectors

50. (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 or under a warrant issued under section 487 of the Criminal Code and any person found in the place shall

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

    (b) provide the inspector with any information relevant to the administration of this Act or the regulations that the inspector may reasonably require.

Offence and punishment

(2) Every person who contravenes subsection (1) is guilty of an offence and liable

    (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Searches

When warrant not necessary

51. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.

Additional powers during search

(2) In conducting a search under subsection (1) or under section 487 of the Criminal Code, an inspector may exercise the powers described in section 48.

Seizures

Inspector may seize

52. (1) An inspector conducting an inspection under section 48, 49 or 51 may seize and detain any pest control product or other thing if he or she has reasonable grounds to believe that

    (a) it was involved in a contravention of this Act or the regulations; or

    (b) it will afford evidence in respect of a contravention of this Act or the regulations.

Communicate reasons

(2) After seizing a pest control product or other thing, the inspector shall, as soon as practicable, take any measures that are necessary in the circumstances to advise the owner or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, of the reason for the seizure and the place where the product is being stored.

Disposition of Things Seized

Storage and removal

53. (1) An inspector or any person designated by an inspector may

    (a) store a seized pest control product or other thing at the place where it was seized or remove it to another place for storage; or

    (b) require the owner of the product or other thing or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, to remove the product to any other place for storage.

Notice

(2) A requirement under paragraph (1)(b) shall be communicated by delivering a written notice to the owner or person and the notice

    (a) must include a statement of the reasons for the requirement; and

    (b) may specify the period within which and the manner in which the pest control product or other thing is to be removed and stored.

Offence and punishment

(3) Every person who fails to comply with a requirement in a notice delivered under subsection (2) is guilty of an offence and liable

    (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Interference with seized things

(4) Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a pest control product or other thing seized and detained by an inspector under this Act.

Offence and punishment

(5) Every person who contravenes subsection (4) is guilty of an offence and liable

    (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Application of certain provisions of Criminal Code

54. Subsections 489.1(2) and (3) and section 490 of the Criminal Code apply in respect of a pest control product or other thing seized by an inspector, except that

    (a) the references in subsection 490(1) of that Act to ``the prosecutor'' shall be read as references to ``the prosecutor or inspector'';

    (b) the reference in subsection 490(2) of that Act to ``a period of not more than three months'' shall be read as a reference to ``a period of not more than six months'';

    (c) the references in section 490 of that Act to ``proceedings'' shall be read as references to ``proceedings or proceedings in respect of violations''; and

    (d) if proceedings relating to the seized thing are commenced in respect of a violation, the justice before whom the thing was brought or to whom its seizure was reported shall forward the seized thing to the Minister to be detained and disposed of under section 22 of the Agriculture and Agri-Food Administrative Monetary Penalties Act or under subsection 55(3) of this Act.

Forfeiture on consent

55. (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized by an inspector is forfeited to Her Majesty in right of Canada if the owner consents in writing to its forfeiture.

Forfeiture by court order

(2) If the Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that a pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, unless the product or thing has been returned to its owner or another person.

Directions of Minister

(3) A pest control product or other thing that is forfeited under this section shall be disposed of as the Minister directs.

Return of seized things

56. (1) A seized pest control product or other thing shall be returned to its owner or the person who had the possession, care or control of the product at the time of its seizure if it has not been forfeited at the final conclusion of proceedings in respect of a violation or an offence under this Act.

Exception

(2) A seized pest control product or other thing may be

    (a) detained pending the payment of any fine or penalty imposed on its owner or the person who had the possession, care or control of it at the time of seizure; or

    (b) sold in satisfaction of the fine or penalty.

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