Bill S-11

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

senate of canada

BILL S-11

An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Safe Food for Canadians Act.

INTERPRETATION

2. The following definitions apply in this Act.

“advertisement” includes a representation by any means for the purpose of promoting directly or indirectly the sale of a food commodity.

“Agency” means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act.

“analyst” means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of this Act.

“conveyance” means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container.

“document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.

“establishment” means any place, including a conveyance, where a food commodity is manufactured, prepared, stored, packaged or labelled.

“food commodity” means

(a) any food as defined in section 2 of the Food and Drugs Act;

(b) any animal or plant, or any of its parts, from which food referred to in paragraph (a) may be derived; or

(c) anything prescribed to be a food commodity.

“grade name” means a prescribed name, mark or designation of a food commodity.

“inspection mark” means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things.

“inspector” means a person designated under subsection 13(3) of the Canadian Food Inspection Agency Act or paragraph 9(2)(b) of the Canada Border Services Agency Act as an inspector for the purposes of this Act.

“item to which this Act applies” means

(a) a food commodity;

(b) anything used in an activity regulated under this Act; and

(c) a document that is related to a food commodity or to any activity regulated under this Act.

“label” includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a food commodity or a package.

“Minister” means the Minister of Agriculture and Agri-Food.

“package” means an inner or outer receptacle or covering used or to be used in connection with a food commodity and includes a wrapper or confining band.

“person” has the same meaning as in section 2 of the Criminal Code.

“personal information” has the same meaning as in section 3 of the Privacy Act.

“prepare”, in respect of a food commodity, includes to process, treat, preserve, handle, test, grade, code or slaughter it or to do any other activity in respect of it that is prescribed.

“prescribed” means prescribed by the regulations.

“sell” includes agree to sell, offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons whether or not the distribution is made for consideration.

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

“violation” means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

(a) any contravention of any provision of this Act or of a regulation made under this Act; and

(b) any refusal or neglect to perform any duty imposed by or under this Act.

HER MAJESTY

3. This Act is binding on Her Majesty in right of Canada or a province.

PROHIBITIONS

4. It is prohibited for a person to import a food commodity the selling of which is prohibited under section 4 of the Food and Drugs Act.

5. It is prohibited for a person to sell a food commodity that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

6. (1) It is prohibited for a person to manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, quality, value, quantity, composition, merit, safety or origin or the method of its manufacture or preparation.

(2) A food commodity that is labelled or packaged in contravention of a provision of the regulations is considered, for the purposes of this section, to be labelled or packaged in contravention of subsection (1).

(3) A food commodity that is advertised in contravention of a provision of the regulations is considered, for the purposes of this section, to be advertised in contravention of subsection (1).

7. It is prohibited for a person to tamper with any food commodity, its label or its package with intent to

(a) render the food commodity injurious to human health; or

(b) cause a reasonable apprehension in others that the food commodity is injurious to human health.

8. It is prohibited for a person to threaten to render a food commodity injurious to human health.

9. It is prohibited for a person to communicate information, knowing that information to be false or misleading or being reckless as to whether it is false or misleading, with intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health.

10. (1) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person does so in accordance with the regulations.

(2) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person is authorized to do so by a registration made under paragraph 20(1)(a), by a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

(3) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the food commodity meets the requirements of the regulations.

11. It is prohibited for a person to sell, advertise or have in their possession a food commodity that has been sent or conveyed from one province to another, or imported, in contravention of any provision of this Act or the regulations.

12. It is prohibited for a person to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — a prescribed food commodity, unless it meets the requirements of the regulations.

13. (1) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in accordance with the regulations.

(2) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to conduct that activity by a registration made under paragraph 20(1)(b), a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

14. (1) Unless authorized by the regulations, it is prohibited for a person to

(a) apply or use an inspection mark or grade name; or

(b) advertise or sell anything if the thing has an inspection mark or grade name on it, or an inspection mark or grade name is used in connection with the thing.

(2) It is prohibited for a person to

(a) apply or use a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it; or

(b) advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it.

(3) A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling.

15. It is prohibited for a person to make a false or misleading statement to any person who is exercising powers or performing duties or functions under this Act — or to provide him or her with false or misleading information — in connection with any matter under any provision of this Act or the regulations, including in respect of an application for a licence or registration.

16. It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

17. (1) It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

(2) It is prohibited for a person to

(a) alter a document issued or made — or in any manner given — under this Act; or

(b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

18. It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

19. Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use.

REGISTRATIONS AND LICENCES

20. (1) The Minister may, on application,

(a) register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and

(b) register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence.

(2) The registration and the licence are subject to the prescribed conditions.

(3) The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate.

(4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

(5) The registration or licence is not transferable.

21. (1) The Minister may, on application, register an establishment as one where

(a) an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or

(b) a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised.

(2) The applicant in respect of an establishment is the holder of the registration.

(3) The registration is subject to the prescribed conditions.

(4) The Minister may make a registration subject to any additional conditions that the Minister considers appropriate.

(5) The holder of the registration must comply with all the conditions to which the registration is subject.

(6) The registration is not transferable.

(7) If an establishment is registered, it and all food commodities in it are subject to this Act.

22. Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 20(1) or 21(1) or a licence issued under subsection 20(1).

ADMINISTRATION AND ENFORCEMENT

Certificate

23. Each inspector is to be given a certificate in a form established by the President of the Agency or the President of the Canada Border Services Agency, as the case may be, attesting to the inspector’s designation and, on entering a place under subsection 24(1), the inspector must, on request, produce the certificate to the person in charge of that place.

Inspection

24. (1) Subject to subsection 26(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located.

(2) The inspector may, for the purpose referred to in subsection (1),

(a) examine or test, or take samples of, anything that is in the place;

(b) open a package that is in the place;

(c) examine a document that is in the place, make copies of it or take extracts from it;

(d) order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

(e) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

(f) use or cause to be used copying equipment that is in the place and remove the copies for examination;

(g) take photographs or make recordings or sketches;

(h) order any person in the place to establish their identity to the inspector’s satisfaction;

(i) order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity;

(j) prohibit or limit access to all or part of the place or to anything that is in the place; and

(k) remove anything from the place for the purpose of examination, conducting tests or taking samples.

(3) For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

(4) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

(5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in subsection (1).

(6) The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require.

25. The inspector may seize and detain anything that the inspector has reasonable grounds to believe

(a) was used in the contravention of any provision of this Act or the regulations;

(b) is something in relation to which a provision of this Act or the regulations was contravened; or

(c) was obtained by the contravention of a provision of this Act or the regulations.

26. (1) If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

(2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

(a) the dwelling-house is a place referred to in subsection 24(1);

(b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

(c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

(3) In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

(4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

27. An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

Dealing with Seized Things

28. Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act.

29. An inspector may, in respect of anything seized under this Act,

(a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

(b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

(c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

(i) the thing is perishable, or

(ii) the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk.

30. If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

31. (1) Subject to section 35, if proceedings are instituted in relation to a thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

(2) If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

Other Measures

32. (1) An inspector who has reasonable grounds to believe that an imported food commodity does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

(2) The notice must be either delivered personally to the owner or importer of the food commodity, or to the person having possession, care or control of it, or sent by registered mail, to the owner’s, importer’s or person’s address in Canada.

(3) If the food commodity is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent, — it is, despite section 30, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.

(4) An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that

(a) the food commodity does not present a risk of injury to human health;

(b) the food commodity will not be sold within that period;

(c) the measures that should have been taken for the food commodity not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

(d) if the food commodity does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

(5) An inspector may cancel the notice if the inspector is satisfied that

(a) the food commodity does not present a risk of injury to human health;

(b) the food commodity has not been sold within the period referred to in subsection (6);

(c) the measures referred to in paragraph (4)(c) were taken within that period; and

(d) if the food commodity did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

(6) The period for the purposes of subsection (5) is

(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

(b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

33. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

(a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

(b) do an act that it appears to the court may prevent the commission of an offence under this Act.

(2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Forfeiture

34. (1) A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if

(a) within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or

(b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

(2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing.

(3) A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure.

35. If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense.

36. (1) If 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 punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada.

(2) A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of,

(a) if the thing was not seized, its owner; or

(b) if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure.

(3) If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure.

(4) Despite subsection (3), if a penalty or fine was imposed,

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

(b) the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine.

37. (1) A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada.

(2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.

(3) A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Analysis

38. An inspector may submit to an analyst, for analysis or examination,

(a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or

(b) anything removed under paragraph 24(2)(k) or seized under section 25, or any sample of that thing.

Offences

39. (1) A person who contravenes a provision of this Act, other than sections 7 and 9, or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32(1) — is guilty of an offence and is liable

(a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

(b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

(2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

(3) A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32(1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable

(a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

(b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

(4) If a person other than an individual commits an offence under subsection (1), any of the person’s directors or officers, or agents or mandataries, who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

(5) 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 an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or 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.

40. If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

41. Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose.

42. A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business.

43. (1) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act 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 statements contained in it.

(2) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person 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) A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract.

44. In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person.

45. In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment.

GENERAL

Disclosure of Information

46. The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act.

47. (1) The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary

(a) to identify or respond to a risk of injury to human health associated with a food commodity; or

(b) for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act, including for monitoring the conduct of the recall or its effectiveness.

(2) In subsection (1), “government” means

(a) any portion of the federal public administration; or

(b) any of the following or its institutions:

(i) the government of a province,

(ii) a public body established under an Act of the legislature of a province,

(iii) an aboriginal government as defined in subsection 13(3) of the Access to Information Act,

(iv) the government of a foreign state or of a subdivision of a foreign state, and

(v) an international organization, or association, of states.

Export Certificates

48. The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any food commodity.

Samples

49. A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.

Intellectual Property

50. Every inspection mark and grade name is a trade-mark and the exclusive property in the trade-mark and, subject to this Act, the right to its use are vested in Her Majesty in right of Canada.

Regulations

51. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations

(a) respecting, for the purposes of subsection 6(1), what is or is not false, misleading or deceptive or is or is not likely to create an erroneous impression;

(b) prescribing grades and standards for any food commodity, including standards for the composition, purity or quality of a food commodity;

(c) prescribing inspection marks and grade names in respect of any food commodity and regulating their application or use;

(d) respecting or prohibiting the manufacturing, preparing, storing, packaging, labelling, selling or advertising of any food commodity;

(e) respecting or prohibiting the sending or conveying, from one province to another, or the importation or exportation of any food commodity;

(f) specifying criteria for determining whether an activity is carried out solely for personal use and specifying activities to which section 19 does not apply;

(g) respecting quality management programs, quality control programs, safety programs or preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

(h) respecting, in relation to establishments where any activity regulated under this Act is conducted, the equipment and facilities to be used, the procedures to be followed and the standards to be maintained for the humane treatment and slaughter of animals;

(i) respecting the design, construction, hygiene, sanitation and maintenance of

(i) establishments where any activity regulated under this Act is conducted,

(ii) the equipment and facilities in those establishments, or

(iii) conveyances and equipment used in connection with any activity regulated under this Act;

(j) respecting the operation of establishments where any activity regulated under this Act is conducted;

(k) respecting

(i) the registration of persons, or the issuing of licences to persons, under section 20 or the registration of establishments under section 21,

(ii) the suspension, cancellation and renewal of those licences and registrations, and

(iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 20(3) or 21(4);

(l) requiring holders of a registration made under subsection 20(1) or 21(1) and holders of a licence issued under subsection 20(1) to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the conditions of the registration or licence, as the case may be, and providing for the realization of the bonds, suretyships or other security if they fail to comply with the conditions;

(m) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, them, and respecting

(i) the information in those documents,

(ii) the manner in which they are to be prepared, kept or maintained,

(iii) the place where they are to be kept or maintained, and

(iv) the manner in which they are to be provided or access to them is to be provided;

(n) requiring persons to take or keep samples of any food commodity, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

(o) respecting the provision of anything, other than a document and a sample, that is required to be provided under this Act;

(p) respecting the exercise of powers, or the performance of duties or functions, under this Act;

(q) respecting the issuance of certificates that establish that an item to which this Act applies, or that an establishment where any activity regulated under this Act is conducted, meets the requirements of the regulations;

(r) respecting the issuance of certificates or other documents for the purpose of section 48;

(s) respecting the accreditation of persons, bodies, facilities or laboratories in Canada and elsewhere and the recognition of their activities or findings;

(t) respecting the recognition of systems of inspection, certification, manufacturing, preparation, storage, packaging, labelling or testing;

(u) respecting the certification of any food commodity as having a specified character, quality, value, composition or origin or as having been manufactured or prepared in a specified manner and the establishment and operation of systems for such certification;

(v) respecting the traceability of any food commodity, including regulations requiring persons to establish systems to

(i) identify the food commodity,

(ii) determine its places of departure and destination and its location as it moves between those places, or

(iii) provide information to persons who could be affected by it;

(w) exempting, or permitting the Minister to exempt, with or without conditions, any item to which this Act applies, or a person or activity in respect of a food commodity, from the application of this Act or the regulations or a provision of this Act or the regulations;

(x) respecting the measures to be taken in respect of items to which this Act applies that present a risk of injury to human health or that are in contravention of any provision of this Act or the regulations, or that are suspected on reasonable grounds of presenting such a risk or being in contravention of any such provision; and

(y) prescribing anything that by this Act is to be prescribed.

(2) Regulations made under paragraph (1)(e) may, among other things, establish pre-clearance or in-transit requirements for any imported food commodity or anything imported with it.

(3) Regulations made under paragraph (1)(m) may, among other things, require the provision to the Minister or an inspector of written notice by persons who conduct any activity regulated under this Act who become aware that a food commodity presents or is likely to present a risk of injury to human health or does not meet the requirements of the regulations.

(4) Regulations made under paragraph (1)(w) that permit the Minister to make exemptions must provide that he or she may do so only if he or she is of the opinion that no risk of injury to human health will result.

Incorporation by Reference

52. A regulation made under subsection 51(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

53. The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 51(1), including any amendments to the document, is accessible.

54. A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 51(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by section 53 or it was otherwise accessible to the person.

55. For greater certainty, a document that is incorporated by reference in a regulation made under subsection 51(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Interim Orders

56. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under subsection 51(1) if he or she believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under subsection 51(1) that has the same effect as the interim order comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(3) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention,

(a) the person had been notified of the interim order; or

(b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(4) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under subsection 51(1) is considered to include interim orders, and any reference to a regulation made under a specified provision of that subsection is considered to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting.

Costs

57. Costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection, moving, seizure and detention, forfeiture, disposal, return or release of anything under this Act, constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Limitation on Liability

58. If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

(a) for any costs, loss or damage resulting from the compliance; or

(b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

59. No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

Board of Arbitration

Composition

60. (1) The Board of Arbitration, continued by subsection 4(1) of the Canada Agricultural Products Act is continued.

(2) The Board of Arbitration consists of the members appointed by the Minister, one of whom is to be appointed as Chairperson and one as Vice-Chairperson.

61. (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Minister for cause.

(2) Each member may be re-appointed as a member in the same or another capacity.

62. If a member is absent or unable to act or the member’s office becomes vacant, the Minister may appoint a qualified person to act in the member’s place and, in the case of the Chairperson, the Vice-Chairperson acts as Chairperson.

Chairperson

63. The Chairperson is the Board of Arbitration’s chief executive officer and apportions work among its members.

Remuneration and Expenses

64. Each member is to be paid

(a) an amount that is fixed by the Treasury Board for each day or part of a day that the member is performing duties and functions unless the member is employed in the federal public administration; and

(b) in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the member in the course of the performance of the member’s duties and functions.

Staff

65. The Minister may provide the Board of Arbitration with any officers and employees from within the federal public administration, and any facilities and professional advisers, that are necessary for the proper conduct of its business.

Role

66. The role of the Board of Arbitration is to hear complaints involving the failure to comply with provisions of this Act or regulations specified in regulations made under paragraph 67(1)(a) or the failure to fulfil obligations specified in those regulations arising from contracts involving food commodities specified in those regulations.

Regulations

67. (1) The Governor in Council may make any regulations for the Board of Arbitration with respect to the performance of its role, including regulations

(a) specifying provisions, obligations and food commodities for the purposes of section 66;

(b) specifying who may file a complaint to the Board, against whom a complaint may be filed and the time and manner in which a complaint may be filed;

(c) fixing the quorum of the Board;

(d) fixing the location of the Board’s head office;

(e) specifying that the Board is a court of record;

(f) specifying that the Board has sole and exclusive jurisdiction to hear complaints referred to in section 66;

(g) setting out the powers, duties and functions of the Board, including

(i) any of the powers, rights and privileges of a superior court of record with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction,

(ii) the duty to deal with matters that come before the Board as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit,

(iii) the power to enter into contracts to assist in the exercise of its powers and the performance of its duties or functions,

(iv) the power to determine the location of its sittings,

(v) the power to, with the approval of the Governor in Council, make rules governing the work of the Board and the practice and procedure in respect of its hearings,

(vi) the power to make orders granting adequate relief, including the payment of compensation and interest, and

(vii) the duty to give reasons for its decisions;

(h) specifying that the Board is not bound by legal or technical rules of evidence;

(i) respecting the review of the Board’s orders; and

(j) respecting enforcement of the Board’s orders, including their registration in the Federal Court.

(2) No regulation may be made under paragraph (1)(h) that permits the Board to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

REVIEW

68. (1) Five years after the coming into force of the section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

(2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

TRANSITIONAL PROVISIONS

69. The following definitions apply in sections 70 to 72.

“commencement day” means the day on which section 102 comes into force.

“former Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act.

“new Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

70. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.

71. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.

72. Proceedings pending before the former Tribunal immediately before the commencement day are to be taken up and continued before the new Tribunal.

73. (1) For the purpose of permitting a licence or permit issued, registration made or authorization given under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act to continue to have effect on the commencement day, the authority issuing, making or giving it, or renewing it, may include in it a statement to the effect that it is also a licence or registration issued or made under this Act.

(2) Every licence, permit, registration or authorization that contains a statement added to it under subsection (1) and the term of which has not expired before the commencement day is considered, as expressed in the statement, to be a licence or registration issued or made under this Act.

(3) Unless suspended or revoked under this Act, every licence, permit, registration or authorization to which subsection (2) applies remains in force for the remainder of the period during which it would have been in force had sections 20 and 21 not come into force.

(4) A suspended licence, permit, registration or authorization to which subsection (2) applies that was suspended before the commencement day and that continues to be suspended immediately before that day is considered to be suspended under this Act.

(5) An application for a licence, permit, registration or authorization under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act that was made before the commencement day and in respect of which no decision has been made before that day is considered to be an application for a licence or a registration under this Act.

(6) In this section, “commencement day” means the day on which section 1 comes into force.

74. Sections 28 to 37 apply in respect of any thing seized under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act — or seized under the Consumer Packaging and Labelling Act by a person designated as an inspector under the Canadian Food Inspection Agency Act for the enforcement of the Consumer Packaging and Labelling Act as it relates to food — that had not been returned to any person, released or forfeited, or removed from Canada, before the day on which section 1 comes into force.

75. The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.

REPEALS

76. The Fish Inspection Act is repealed.

77. The Meat Inspection Act is repealed.

78. The Canada Agricultural Products Act is repealed.

RELATED AND CONSEQUENTIAL AMENDMENTS

Competition Act

79. Subsection 7(1) of the Competition Act is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) to (d) with the following:

(b) the administration and enforcement of the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.

Consumer Packaging and Labelling Act

80. (1) The definitions “inspector” and “Minister” in subsection 2(1) of the Consumer Packaging and Labelling Act are replaced by the following:

“inspector” means any person designated as an inspector for the enforcement of this Act under the Department of Industry Act;

“Minister” means the Minister of Industry;

(2) Subsection 2(2) of the Act is replaced by the following:

(2) The functions of the Minister in relation to the administration of this Act, except subsection 11(1), and in relation to the enforcement of this Act may be performed by the Commissioner on behalf of the Minister.

81. Section 3 of the Act is replaced by the following:

3. (1) Subject to subsections (2) and (3) and any regulations made under section 18, the provisions of this Act that are applicable to any product apply despite any other Act of Parliament.

(2) This Act does not apply to any product that is a device or drug as defined in section 2 of the Food and Drugs Act.

82. Section 8 of the Act is repealed.

83. The portion of paragraph 15(4)(c) of the Act before subparagraph (i) is replaced by the following:

(c) after the expiry of 60 days after the day of seizure unless, before that time,

84. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:

20. (1) Every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

(2) The portion of subsection 20(2) of the Act before paragraph (a) is replaced by the following:

(2) Every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable

(3) Subsection 20(2.1) of the Act is repealed.

85. Subsection 21(2.1) of the Act is repealed.

Federal Courts Act

86. Paragraphs 28(1)(a) and (b) of the Federal Courts Act are replaced by the following:

(a) the Board of Arbitration continued by subsection 60(1) of the Safe Food for Canadians Act;

Feeds Act

87. The definition “Tribunal” in section 2 of the Feeds Act is replaced by the following:

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

Fertilizers Act

88. The definition “Tribunal” in section 2 of the Fertilizers Act is replaced by the following:

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

Seeds Act

89. The definition “Tribunal” in section 2 of the Seeds Act is replaced by the following:

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

90. The Act is amended by adding the following after section 2:

91. Subsection 4(1) of the Act is amended by adding the following after paragraph (h.5):

Customs Act

92. (1) Paragraph 107(3)(c) of the Customs Act is replaced by the following:

(c) for the purposes of any Act or instrument made under it, or any part of such 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 Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.

(2) Paragraph 107(4)(c.1) of the Act is replaced by the following:

(c.1) may reasonably be regarded as necessary solely for a purpose relating to the enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act by an official of the Agency;

Health of Animals Act

93. The definition “Tribunal” in subsection 2(1) of the Health of Animals Act is replaced by the following:

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

94. (1) Paragraph 64(1)(z.1) of the Act is replaced by the following:

(z.1) governing the manufacture, sale, distribution or use of any means of identification used in the system established under paragraph (y);

(2) Subsection 64(1) of the Act is amended by adding the following after paragraph (z.3):

Plant Protection Act

95. The definition “Tribunal” in section 3 of the Plant Protection Act is replaced by the following:

“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

Contraventions Act

96. Section 1 of the schedule to the Contraventions Act is repealed.

Agriculture and Agri-Food Administrative Monetary Penalties Act

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

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

98. The definitions “agri-food Act” and “Tribunal” in section 2 of the Act are replaced by the following:

“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;

“Tribunal” means the Review Tribunal continued by subsection 27(1);

99. Subparagraph 4(1)(a)(iii) of the Act is replaced by the following:

(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or the Safe Food for Canadians Act,

100. Paragraph 7(1)(c) of the English version of the Act is replaced by the following:

(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act or the Safe Food for Canadians Act

101. Subsection 15(3) of the Act is replaced by the following:

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

102. The heading before section 27 and sections 27 to 90 of the Act are replaced by the following: