Bill C-27
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R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
Competition Act
1999, c. 2, s. 4
78. Paragraphs 7(1)(b) and (c) of the Competition Act are replaced by the following:
(b) the administration and 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
R.S., c. C-38
Consumer Packaging and Labelling Act
1997, c. 6, s. 40
79. (1) The definition “Minister” in subsection 2(1) of the Consumer Packaging and Labelling Act is replaced by the following:
“Minister”
« ministre »
« ministre »
“Minister” means the Minister of Industry and, as it relates to food as defined in section 2 of the Food and Drugs Act, means the Minister of Agriculture and Agri-Food;
1999, c. 2, s. 44(2)
(2) Subsection 2(2) of the Act is replaced by the following:
(2) The Commissioner is responsible for the administration and enforcement of this Act except subsection 11(1) and except as it relates to food, as that term is defined in section 2 of the Food and Drugs Act.
R.S., c. 1 (2nd Supp.)
Customs Act
80. Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (j):
(j.1) an official of the Canadian Food Inspection Agency for the purpose of administering or enforcing any Act referred to in section 11 of the Canadian Food Inspection Agency Act, if the information relates to the import, export or in-transit movement of goods into or out of Canada;
R.S., c. F-9
Feeds Act
1994, c. 38, par. 25(1)(p); 1995, c. 40, s. 46; 1997, c. 6, s. 45
81. The definitions “analyst”, “inspector”, “Minister”, “penalty”, “Tribunal” and “violation” in section 2 of the Feeds Act are repealed.
82. (1) Paragraph 5(g) of the Act is repealed.
2001, c. 4, s. 84(F)
(2) Paragraphs 5(j) and (k) of the Act are repealed.
R.S., c. 31 (1st Supp.), s. 8; 1995, c. 40, s. 47; 1997, c. 6, s. 46
83. The heading before section 6 and sections 6 to 9 of the Act are repealed.
1997, c. 6, s. 47(1)
84. Subsections 10(2) to (5) of the Act are repealed.
1995, c. 40, s. 49
85. Sections 11 and 12 of the Act are repealed.
R.S., c. F-10
Fertilizers Act
1994, c. 38, par. 25(1)(q); 1995, c. 40, s. 50; 1997, c. 6, s. 48
86. The definitions “analyst”, “inspector”, “Minister”, “penalty”, “Tribunal” and “violation” in section 2 of the Fertilizers Act are repealed.
1993, c. 44, s. 155
87. (1) Paragraph 5(1)(g) of the Act is repealed.
1993, c. 44, s. 155
(2) Paragraphs 5(1)(i) and (j) of the Act are repealed.
R.S., c. 31 (1st Supp.), s. 9; 1995, c. 40, s. 51; 1997, c. 6, s. 49
88. The heading before section 6 and sections 6 to 9 of the Act are repealed.
1995, c. 40, s. 52
89. The portion of section 10 of the Act before paragraph (a) is replaced by the following:
Contravention of Act
10. Every person who, or whose employee or agent or mandatary, contravenes any provision of this Act is guilty of
R.S., c. 27 (1st Supp.), s. 203; 1995, c. 40, s. 53; 1997, c. 6, s. 50(1)
90. Sections 10.1 to 13 of the Act are repealed.
R.S., c. F-12
Fish Inspection Act
91. The definitions “fish”, “inspector” and “marine plant” in section 2 of the Fish Inspection Act are replaced by the following:
“fish”
« poisson »
« poisson »
“fish” means any fish, including shellfish and crustaceans, and marine animals, any parts, products or by-products of them and anything prescribed as a fish for the purposes of this Act;
“inspector”
« inspecteur »
« inspecteur »
“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;
“marine plant”
« plante marine »
« plante marine »
“marine plant” includes Irish moss, kelp and other salt water plants, any products or by-products of them and anything prescribed as a marine plant for the purposes of this Act;
92. (1) The portion of section 3 of the Act before paragraph (a) is replaced by the following:
Regulations
3. The Governor in Council may, for the purpose of regulating the exportation or importation of fish and containers, by regulation prescribe anything that is to be prescribed by this Act and make regulations
(2) Paragraph 3(i) of the Act is repealed.
1997, c. 6, s. 53
(3) Section 3 of the Act is amended by adding the word “and” at the end of paragraph (h), by striking out the word “and” at the end of paragraph (j) and by repealing paragraph (k).
R.S., c. 31 (1st Supp.), s. 10
93. Section 4 of the Act is repealed.
1997, c. 6, s. 55
94. Sections 6 to 9 of the Act are repealed.
95. Section 12 of the Act is amended by striking out the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) prescribing anything that is to be prescribed by this Act; and
96. (1) Subsection 14(1) of the Act is repealed.
(2) Subsection 14(3) of the Act is repealed.
1997, c. 6, s. 60
97. Section 17 of the Act is repealed.
1997, c. 6, s. 61(1)
98. Sections 17.2 and 18 of the Act are repealed.
1990, c. 21
Health of Animals Act
1995, c. 40, s. 54
99. (1) The definitions “penalty” and “Tribunal” in subsection 2(1) of the Health of Animals Act are repealed.
1997, c. 6, s. 67
(2) The definitions “analyst”, “inspector”, “officer” and “veterinary inspector” in subsection 2(1) of the Act are replaced by the following:
“analyst”
« analyste »
« analyste »
“analyst” means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act;
“inspector”
« inspecteur »
« inspecteur »
“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;
“officer”
« agent d’exécution »
« agent d’exécution »
“officer” means a person designated as an officer under subsection 13(3) of the Canadian Food Inspection Agency Act, but does not include an analyst;
“veterinary inspector”
« vétérinaire-inspecteur »
« vétérinaire-inspecteur »
“veterinary inspector” means a veterinarian designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;
1997, c. 6, s. 68
100. Section 32 of the Act is repealed.
101. Section 35 of the Act is repealed.
1995, c. 40, ss. 55 to 59
102. The heading before section 38 and sections 38 to 47 of the Act are repealed.
103. Paragraphs 64(1)(z.2) and (z.3) of the Act are repealed.
104. The portion of section 66 of the Act before paragraph (a) is replaced by the following:
Failure to comply with notices
66. Every person who fails to comply with a notice delivered to the person under section 18, 25, 27, 37 or 48 or the regulations is guilty of
105. Section 68 of the Act is repealed.
1995, c. 40, s. 63
106. Sections 71 to 74 of the Act are repealed.
R.S., c. 25 (1st Supp.)
Meat Inspection Act
1995, c. 40, s. 64; 1997, c. 6, s. 72
107. (1) The definitions “analyst”, “penalty” and “Tribunal” in subsection 2(1) of the Meat Inspection Act are repealed.
1997, c. 6, s. 72
(2) The definition “inspector” in subsection 2(1) of the Act is replaced by the following:
“inspector”
« inspecteur »
« inspecteur »
“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;
1995, c. 40, ss. 66(F), 67 and 68; 1997, c. 6, s. 73
108. The heading before section 12 and sections 12 to 18 of the Act are repealed.
109. Paragraph 20(o) of the Act is repealed.
1995, c. 40, s. 69(2)
110. (1) Subsection 21(3) of the Act is replaced by the following:
Contravention of regulations
(1) Every person who contravenes or fails to comply with the regulations is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.
1997, c. 6, s. 74(1)
(2) Subsections 21(5) and (6) of the Act are repealed.
1995, c. 40, s. 70
111. Sections 23 to 26 of the Act are repealed.
1990, c. 22
Plant Protection Act
1995, c. 40, s. 75
112. (1) The definitions “peace officer” and “penalty” in section 3 of the Plant Protection Act are repealed.
1997, c. 6, s. 81
(2) The definition “inspector” in section 3 of the Act is replaced by the following:
“inspector”
« inspecteur »
« inspecteur »
“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;
113. Subsection 8(3) of the Act is replaced by the following:
Forfeiture if non-compliance
(3) If a thing is not removed from Canada as required under this section, it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.
1997, c. 6, s. 82
114. Section 21 of the Act is repealed.
115. Section 23 of the Act is repealed.
1995, c. 40, ss. 76 to 80
116. The heading before section 25 and sections 25 to 34 of the Act are repealed.
117. Section 37 of the Act and the heading before it are repealed.
118. Subsection 44(1) of the Act is replaced by the following:
Fees, charges and costs for inspections, etc.
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
(a) the 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 confiscation, forfeiture or disposal of a thing under this Act or the regulations.
119. Paragraph 47(m) of the Act is replaced by the following:
(m) respecting the disposition of things forfeited or confiscated under this Act;
120. The portion of section 49 of the Act before paragraph (a) is replaced by the following:
Failure to comply with notices
49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24 or 36 or the regulations is guilty of
121. Section 51 of the Act is repealed.
1995, c. 40, s. 85
122. Sections 54 to 57 of the Act are repealed.
Explanatory Notes
Competition Act
Clause 78: Relevant portion of subsection 7(1):
7. (1) The Governor in Council may appoint an officer to be known as the Commissioner of Competition, who shall be responsible for
...
(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
Consumer Packaging and Labelling Act
Clause 79: (1) Text of the definition:
“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) Existing text of subsection 2(2):
(2) For the purposes of this Act,
(a) one corporation is affiliated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person;
(b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other; and
(c) a partnership or sole proprietorship is affiliated with another partnership, sole proprietorship or a company if both are controlled by the same person.
Customs Act
Clause 80: Relevant portion of subsection 107(5):
(5) An official may provide, allow to be provided or provide access to customs information to the following persons:
Feeds Act
Clause 81: Existing text of the definitions:
“analyst” means a person designated as an analyst pursuant to section 6;
“inspector” means a person designated as an inspector pursuant to section 6;
“Minister” means the Minister of Agriculture and Agri-Food;
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;
“violation” means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
Clause 82: (1) and (2) Relevant portion of section 5:
5. The Governor in Council may make regulations
...
(g) respecting the taking of samples and the making of analyses for the purposes of this Act;
...
(j) respecting the detention, preservation and safeguarding of anything seized under section 9;
(k) respecting the disposition of anything forfeited under section 9;
Clause 83: Existing text of the heading and sections 6 to 9:
ENFORCEMENT
6. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act.
(2) Inspectors shall be given certificates in a form established by the President of that Agency attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
7. (1) Subject to subsection (1.1), an inspector may at any reasonable time
(a) enter any place in which the inspector believes on reasonable grounds there is any feed to which this Act applies;
(b) open any package found in that place that the inspector believes on reasonable grounds contains any such feed;
(c) examine the feed and take samples thereof; and
(d) require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading, documents containing mixing instructions, or other documents or papers with respect to the administration of this Act or the regulations.
(1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).
(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.
8. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.
(2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.
9. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
(2) Any article seized pursuant to subsection (1) shall not be detained after
(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or
(b) the expiration of six months after the day of the seizure,
unless before that time proceedings have been instituted in respect of the contravention, in which event the article may be detained until the proceedings are finally concluded.
(3) 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, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.
Clause 84: Existing text of subsections 10(2) to (5):
(2) Where a corporation commits an offence under this Act or the regulations, any director or officer of the corporation who authorizes or acquiesces in the offence or fails to exercise due diligence to prevent its commission is guilty of an offence and liable to the punishment provided for in subsection (1).
(3) In a 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.
(4) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the proceedings becomes known to the Minister.
(5) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
Clause 85: Existing text of sections 11 and 12:
11. (1) A certificate of an analyst stating that the analyst has examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is admissible in evidence in any proceedings for a violation, or for an offence under this Act, and, in the absence of any evidence to the contrary, is proof of the statement of analysis contained in the certificate.
(2) In any proceedings for a violation, or for an offence under this Act, a document purporting to be the certificate of an analyst shall be admitted in evidence without proof of the signature of the person by whom it purports to be signed and without proof of that person’s official position.
12. A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.
Fertilizers Act
Clause 86: Existing text of the definitions:
“analyst” means a person designated as an analyst pursuant to section 6;
“inspector” means a person designated as an inspector pursuant to section 6;
“Minister” means the Minister of Agriculture and Agri-Food;
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;
“violation” means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
Clause 87: (1) and (2) Relevant portion of subsection 5(1):
5. (1) The Governor in Council may make regulations
...
(g) respecting the taking of samples and the making of analyses for the purposes of this Act;
...
(i) respecting the detention, preservation and safeguarding of anything seized under section 9;
(j) respecting the disposition of anything forfeited under section 9;
Clause 88: Existing text of the heading and sections 6 to 9:
ENFORCEMENT
6. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act.
(2) Inspectors shall be given certificates in a form established by the President of that Agency attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
7. (1) Subject to subsection (1.1), an inspector may at any reasonable time
(a) enter any place in which the inspector believes on reasonable grounds there is any article to which this Act applies;
(b) open any package found in that place that the inspector believes on reasonable grounds contains any such article; and
(c) examine the article and take samples thereof.
(1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).
(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.
8. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.
(2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.
9. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
(2) Any article seized pursuant to subsection (1) shall not be detained after
(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or
(b) the expiration of six months after the day of the seizure,
unless before that time proceedings have been instituted in respect of the contravention, in which event the article may be detained until the proceedings are finally concluded.
(3) 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, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.
Clause 89: Relevant portion of section 10:
10. Every person who, or whose employee or agent, contravenes any provision of this Act or any regulation made under paragraph 5(i) or (j) is guilty of
Clause 90: Existing text of sections 10.1 to 13:
10.1 (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister.
(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
11. In a 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.
12. In any proceedings for a violation, or for an offence under this Act, a certificate of an analyst stating that the analyst has analyzed or examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is evidence of the statement contained in the certificate.
13. A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.
Fish Inspection Act
Clause 91: Existing text of the definitions:
“fish” means any fish, including shellfish and crustaceans, and marine animals, and any parts, products or by-products thereof;
“inspector” means a person designated as an inspector pursuant to section 17;
“marine plant” includes Irish moss, kelp and other salt water plants, and any products or by-products thereof;
Clause 92: (1) to (3) Relevant portion of section 3:
3. The Governor in Council may, for the purpose of regulating the export or import of fish and containers, make regulations
...
(i) prescribing the manner in which samples of any fish may be taken;
...
(k) establishing requirements governing the seizure and detention of fish and containers.
Clause 93: Existing text of section 4:
4. (1) Subject to subsection (1.1), an inspector may at any time
(a) enter any place or premises, or any steamship, vessel or boat, or any railway car, truck, carriage, car, aircraft or other vehicle used for the carriage or storage of fish and may open any container that he has reason to believe contains fish;
(b) require to be produced for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading or other documents or papers; and
(c) take any samples for inspection.
(1.1) Where any place or premises referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).
(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(2) No person shall obstruct, impede or refuse to admit an inspector or other person acting in execution of this Part or any regulation made thereunder and no person shall aid or assist any person in obstructing, impeding or refusing to admit such an inspector or other person.
Clause 94: Existing text of sections 6 to 9:
6. For the purposes of this Part, inspectors may administer oaths and take and receive affidavits, declarations and solemn affirmations.
7. (1) An inspector may seize all fish, containers and other things by means of or in relation to which the inspector believes on reasonable grounds that an offence against this Part or any regulation made under it has been committed.
(2) A thing seized under this Act, or the proceeds realized from its disposition, shall not be detained after
(a) an inspector determines that this Act and the regulations have been complied with in relation to the thing, or
(b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be prescribed,
unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained until the proceedings are finally concluded.
(3) Where a person is convicted of an offence against this Part or any regulation made thereunder, in addition to any punishment imposed, the fish and containers by means of or in relation to which the offence was committed are, on the conviction, forfeited to Her Majesty and may be disposed of as the Minister may direct.
8. (1) An inspector or constable may arrest without a warrant any person found committing an offence against this Part and shall forthwith take any person so arrested before a justice of the peace to be examined and dealt with according to law.
(2) A person arrested pursuant to subsection (1) shall not be detained in custody for longer than twenty-four hours without an order of a justice of the peace.
9. (1) No person shall falsify or unlawfully alter, destroy, erase or obliterate any declaration, inspection certificate or other document made or issued under this Part or the regulations made thereunder or any marks placed on any containers pursuant to this Part or those regulations.
(2) [Repealed, 1997, c. 6, s. 56]
Clause 95: Relevant portion of section 12:
12. The Governor in Council may make regulations
Clause 96: (1) Existing text of subsection 14(1):
14. (1) Every inspection certificate is evidence of the facts stated therein and is admissible in evidence without proof of any signature or the official character of any person appearing to have signed it.
(2) Existing text of subsection 14(3):
(3) No person shall alter or falsify any inspection certificate.
Clause 97: Existing text of section 17:
17. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors necessary for the administration and enforcement of this Act.
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency attesting to their designation and, on entering any place under subsection 4(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
Clause 98: Existing text of sections 17.2 and 18:
17.2 (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister.
(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
18. Every offence against this Act or the regulations shall, for the purposes of any prosecution, be deemed to have been committed, and every cause of complaint under this Act or the regulations shall be deemed to have arisen, in the place where the offence was actually committed, the place where it was first discovered by an inspector or the place where the defendant resides or is found.
Health of Animals Act
Clause 99: (1) and (2) Existing text of the definitions:
“analyst” means a person designated as an analyst pursuant to section 32;
“inspector” means a person designated as an inspector pursuant to section 17;
“officer” means a person designated as an officer pursuant to section 32, but does not include an analyst;
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“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.
Clause 100: Existing text of section 32:
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 101: Existing text of section 35:
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.
Clause 102: Existing text of the heading and sections 38 to 47:
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
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 103: Relevant portion of subsection 64(1):
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
...
(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;
Clause 104: Relevant portion of section 66:
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 105: Existing text of section 68:
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.
Clause 106: Existing text of sections 71 to 74:
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.
Meat Inspection Act
Clause 107: (1) and (2) Existing text of the definitions:
“analyst” means a person designated as an analyst pursuant to subsection 12(1);
“inspector” means a person designated as an inspector pursuant to section 17;
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;
Clause 108: Existing text of the heading and sections 12 to 18:
ENFORCEMENT
12. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts for the purposes of this Act.
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.
13. (1) For the purposes of this Act and the regulations, an inspector may, subject to subsections (3) to (5), at any time enter any place or stop and enter any vehicle in which the inspector believes on reasonable grounds there is any meat product or other thing to which this Act applies and may
(a) open any package that the inspector believes on reasonable grounds does not comply with this Act or the regulations;
(b) inspect and take samples of any meat product or other thing that the inspector believes on reasonable grounds does not comply with this Act or the regulations; and
(c) require any person to produce for inspection, or for the purpose of obtaining copies or extracts, any book, shipping bill, bill of lading or other document or record that the inspector believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act or the regulations.
(2) The owner or person in charge of a place or vehicle referred to in subsection (1) and every person found in that place or vehicle shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information the inspector may reasonably require with respect to the administration or enforcement of this Act and the regulations.
(3) Where any place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (4).
(4) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
(5) In executing a warrant issued under subsection (4), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
14. (1) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations.
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized or detained under this Act by an inspector.
15. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize and detain any meat product or other thing by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
(2) Any meat product or other thing seized and detained pursuant to subsection (1) may be stored by an inspector or any person designated by the inspector in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for storage.
16. (1) Any meat product or other thing seized and detained pursuant to section 15 shall not be detained after
(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or
(b) the expiration of ninety days from the day of seizure or such longer period as may be prescribed with respect to the meat product or other thing,
unless before that time proceedings have been instituted in respect of a violation, or in respect of an offence under this Act, in relation to the meat product or other thing seized, in which case it may be detained until the proceedings are finally concluded.
(2) Where proceedings referred to in subsection (1) have been instituted, the owner, or person in possession at the time of seizure, of anything that is the subject-matter of the proceedings, other than a meat product or anything bearing the meat inspection legend, may, subject to subsection 17(3), 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) Where, on an application pursuant to subsection (2), the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing that is the subject-matter of the proceedings, the Tribunal or court may order it to be returned to the applicant, subject to any condition the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.
17. (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 or judge, as the case may be, may, in addition to any penalty or punishment imposed, order that any meat product or other thing by means of or in relation to which the violation or offence was committed be forfeited to Her Majesty in right of Canada, and on the making of the order the meat product or other thing may be disposed of as the Minister may direct.
(2) Where no party raises the question of forfeiture under subsection (1), the Tribunal or court shall consider the question on its own motion.
(3) Where the owner of a meat product or other thing seized under this Act or the person in possession of it at the time of seizure consents to its disposal, it is thereupon forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person consenting to the disposal.
18. (1) Where an inspector believes on reasonable grounds that any meat product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the inspector seizes the meat product pursuant to section 15, require the importer to remove it from Canada by giving the importer a notice for its removal delivered to the importer personally or sent by registered mail to the importer’s business address in Canada.
(2) Where any meat product is not removed from Canada within a period of ninety days after a notice for its removal was delivered or sent to the importer under subsection (1), or within such longer period after the delivery or sending of the notice as may be authorized by the Minister, it shall, notwithstanding section 16, be forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the importer.
Clause 109: Relevant portion of section 20:
20. 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
...
(o) prescribing the manner of seizing and detaining anything under this Act and providing for the safe-keeping and disposal of anything seized, detained or forfeited under this Act;
Clause 110: (1) Existing text of subsection 21(3):
(3) Every person who contravenes or fails to comply with subsection 13(2) or the regulations is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 thousand dollars.
(2) Existing text of subsections 21(5) and (6):
(5) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution becomes known to the Minister.
(6) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
Clause 111: Existing text of sections 23 to 26:
23. 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 the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
24. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in 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.
25. A prosecution for an offence under this Act may be instituted, carried on, heard and determined in the place where the offence was committed or the subject-matter of the prosecution arose, where the accused was apprehended or where the accused happens to be or is carrying on business.
26. (1) In any proceedings for a violation, or for an offence under this Act, a certificate of an analyst or a report of an inspector purporting to have been signed by the analyst or inspector and stating the results of the analysis or inspection is admissible in evidence without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is proof of the matters asserted in the certificate or report.
(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any book, record or document made by an inspector pursuant to paragraph 13(1)(c) and appearing to have been certified under the inspector’s signature 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 the copy or extract 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) No certificate, report, copy or extract 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 certificate, report, copy or extract.
Plant Protection Act
Clause 112: (1) and (2) Text of the definitions:
“inspector” means a person designated as an inspector pursuant to section 21;
“peace officer” means a peace officer as defined in section 2 of the Criminal Code;
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
Clause 113: Existing text of subsection 8(3):
(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 114: Existing text of section 21:
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 115: Existing text of section 23:
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 116: Existing text of the heading and sections 25 to 34:
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 117: Existing text of the heading and section 37:
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 118: Existing text of subsection 44(1):
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.
Clause 119: Relevant portion of section 47:
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
...
(m) respecting the detention or disposition of things seized, forfeited or confiscated under this Act;
Clause 120: Relevant portion of section 49:
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 121: Existing text of section 51:
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.
Clause 122: Existing text of sections 54 to 57:
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.