Bill C-27
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R.S., c. S-8
Seeds Act
1995, c. 40, s. 86; 1997, c. 6, s. 87
123. The definitions “analyst”, “inspector”, “penalty”, “Tribunal” and “violation” in section 2 of the Seeds Act are repealed.
R.S., c. 49 (1st Supp.), s. 4(3)
124. Paragraphs 4(1)(i) to (j) of the Act are repealed.
R.S., c. 31 (1st Supp.), s. 21; 1995, c. 40, s. 87; 1997, c. 6, s. 88
125. The heading before section 5 and sections 5 to 8 of the Act are repealed.
R.S., c. 49 (1st Supp.), s. 5
126. Subsection 9(5) of the Act is repealed.
1995, c. 40, s. 89; 1997, c. 6, s. 89(1)
127. Sections 10 to 12 of the Act are repealed.
COORDINATING AMENDMENTS
Bill C-26
128. (1) Subsections (2) to (14) apply if Bill C-26, introduced in the 1st Session of the 38th Parliament and entitled the Canada Border Services Agency Act (in this section, the “other Act”), receives royal assent.
(2) On the later of the coming into force of this Act and the coming into force of the other Act, this Act is amended by adding the following before the heading “Injunctions” that precedes section 23:
Canada Border Services Agency
Powers of inspectors
22.1 For the purposes of the enforcement of the program legislation referred to in paragraph (b) of the definition “program legislation” in section 2 of the Canada Border Services Agency Act as that program legislation relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the qualified persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of that Act have all the powers of an inspector under this Act.
(2.1) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(2) of the other Act is replaced by the following:
Designation of officers
(2) Subject to subsection (2.1), the President may designate any qualified person, or person within a class of qualified persons,
(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or
(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act.
Limitation
(2.1) Only a veterinarian may be designated as a veterinary inspector.
Certificate of designation
(2.2) Every inspector, officer and veterinary inspector shall be given a certificate in a form established by the President attesting to the designation of the inspector, officer or veterinary inspector.
(2.2) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(3) of the French version of the other Act is replaced by the following:
Pouvoir de désignation
(3) Le président peut exercer les pouvoirs de désignation des agents éventuellement conférés au ministre en vertu du paragraphe 6(1) de la Loi sur l'immigration et la protection des réfugiés.
(3) Section 33 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(4) If the other Act comes into force before this Act, section 80 of this Act and the heading before it are repealed.
(5) If this Act comes into force before the other Act, subsection 80(5) of the other Act is repealed.
(6) Section 112 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(7) Section 113 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(8) Section 116 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(9) Section 117 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(10) The heading before section 121 and sections 121 and 122 of the other Act are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(11) Section 123 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(12) Section 131 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.
(13) On the later of the coming into force of this Act and the coming into force of the other Act, the Health of Animals Act is amended by adding the following after section 2:
Canada Border Services Agency
Powers of inspectors
2.1 For the purposes of the enforcement of this Act as it relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of the Canada Border Services Agency Act have all the powers of an inspector under subsection 16(1) and section 18 of this Act.
(14) On the later of the coming into force of this Act and the coming into force of the other Act, the Plant Protection Act is amended by adding the following after section 3:
Canada Border Services Agency
Powers of inspectors
3.1 For the purposes of the enforcement of this Act as it relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of the Canada Border Services Agency Act have all the powers of an inspector under sections 6 to 8 of this Act.
COMING INTO FORCE
Order in council
129. This Act, except section 128, comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons