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Bill S-11

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Chairperson

Duties of Chairperson

33. (1) The Chairperson is the Tribunal’s chief executive officer and apportions work among its members.

Absence or incapacity of Chairperson

(2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.

Remuneration and Expenses

Remuneration

34. (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.

Travel and living expenses

(2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.

Staff

Staff and facilities

35. The Minister may provide the Tribunal 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.

Contractual assistance

36. The Tribunal may enter into contracts for the services of persons having technical or specialized knowledge of any matter before the Tribunal.

Head Office

Head office

37. (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.

Sittings

(2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.

Jurisdiction

Tribunal

38. (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.

Review by Federal Court

(2) An order of the Tribunal may only be reviewed under the Federal Courts Act.

Chairperson

39. (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:

(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and

(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.

Other legally qualified members

(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.

Reviews

40. Reviews by the Tribunal are to be heard by a single member.

Powers

Court of record

41. (1) The Tribunal is a court of record with an official seal that must be judicially noticed.

Examination of witnesses, etc.

(2) In addition to the powers conferred by subsection (1), the Tribunal has, 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, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may

(a) issue a summons requiring a person

(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and

(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;

(b) administer oaths and examine any person on oath; and

Rules

42. The Tribunal may, with the approval of the Governor in Council, make rules governing

(a) the practice and procedure in respect of hearings;

(b) the time and manner in which applications and notices must be made or given; and

General

Consultations

43. The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.

Rules of evidence

44. The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

Privileged evidence not receivable

45. The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

1997, c. 6

Canadian Food Inspection Agency Act

103. Subsections 11(1) and (2) of the Canadian Food Inspection Agency Act are replaced by the following:

Administration and enforcement

11. (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Feeds Act, Fertilizers Act, Health of Animals Act, Plant Breeders’ Rights Act, Plant Protection Act, Safe Food for Canadians Act and Seeds Act.

104. The heading before section 19 of the English version of the Act is replaced by the following:

RECALLS

105. The Act is amended by adding the following after section 19:

Regulations

19.1 The Governor in Council may make regulations respecting the recall of products regulated under an Act or provision that the Agency enforces or administers by virtue of section 11.

REVIEW OF CERTAIN MEASURES

Review officer

19.2 The Minister may designate as review officers any individual or class of individuals that are qualified to conduct reviews under section 19.3.

Request for review

19.3 (1) On the request of a prescribed person in relation to a prescribed decision made under an Act or provision that the Agency enforces or administers by virtue of section 11, a review officer must conduct a review of the decision in the prescribed manner subject to the regulations and the other provisions of this section.

Contents of request

(2) The request must be made in the prescribed manner, contain the prescribed information and be made in the prescribed time after the making of the decision.

Ineligibility

(3) The review officer must be a person other than the one who made the decision.

Restriction

(4) The review is restricted to questions of fact alone or questions of mixed law and fact.

No authority to review

(5) The review is not to be conducted if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

Reasons for refusal

(6) If subsection (5) applies, the person who made the request is to be, without delay, notified in writing of the reasons for the review not being conducted.

Decision not stayed

(7) The conduct of the review does not stay the decision unless the review officer decides otherwise.

Decision on completion of review

(8) On completion of the review, the review officer must confirm, vary or cancel the decision.

Notice

(9) The person who made the request must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (8).

Regulations

(10) The Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

2002, c. 28

Pest Control Products Act

106. Subsection 55(2) of the Pest Control Products Act is replaced by the following:

Forfeiture by court order

(2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that a pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, unless the product or thing has been returned to its owner or another person.

2005, c. 38

Canada Border Services Agency Act

107. Paragragh (b) of the definition “program legislation” in section 2 of the Canada Border Services Agency Act is replaced by the following:

(b) 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;

108. Paragraph 9(2)(b) of the Act is replaced by the following:

(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 Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.

COORDINATING AMENDMENTS

1998, c. 22

109. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.

(2) On the first day on which both section 97 of this Act is in force and subsection 28(1) of the other Act has produced its effects, 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 Canada Grain 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

(3) On the first day on which both section 98 of this Act is in force and subsection 28(2) of the other Act has produced its effects, the definition “agri-food Act” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

“agri-food Act”
« loi agroalimentaire »

“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain 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;

Bill C-38

110. (1) Subsections (2) to (5) apply if Bill C-38, introduced in the 1st session of the 41th Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 512(2) of the other Act comes into force before subsection 94(2) of this Act, then

(a) that subsection 94(2) is deemed never to have come into force and is repealed; and

(b) paragraph 64(1)(z.3.1) of the Health of Animals Act is replaced by the following:

(z.31) requiring persons to provide to the Minister or any other person authorized by the Minister, in the form and manner that the Minister or other person, as the case may be, directs, information in relation to animals or things to which this Act or the regulations apply, including information in respect of their movements, events in relation to them and places where they are or were located;

(z.32) governing the identification of places in respect of which information is to be provided under regulations made under paragraph (z.31);

(z.33) prohibiting or governing the use or disclosure of information provided under regulations made under any of paragraphs (y) to (z.1) and (z.31);

(3) If the other Act receives royal assent before January 1, 2013 and subsection 94(2) of this Act comes into force before that date, then subsection 512(2) of the other Act is repealed.

(4) If the other Act receives royal assent after December 31, 2012 and subsection 94(2) of this Act comes into force before that date, then subsection 512(2) of the other Act is deemed never to have come into force and is repealed.

(5) If subsection 512(2) of the other Act and subsection 94(2) of this Act come into force on the same day, then subsection 512(2) of the other Act is deemed never to have come into force and is repealed.

COMING INTO FORCE

Order in council

111. This Act, except sections 73, 94, 109 and 110, comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Senate of Canada

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Canadian Food Inspection Agency Act

Clause 103: Existing text of subsections 11(1) and (2):

11. (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Canada Agricultural Products Act, Feeds Act, Fertilizers Act, Fish Inspection Act, Health of Animals Act, Meat Inspection Act, Plant Breeders’ Rights Act, Plant Protection Act and Seeds Act.

(2) The Agency is responsible for the enforcement of the Consumer Packaging and Labelling Act as it relates to food, as that term is defined in section 2 of the Food and Drugs Act.

Clause 104: Existing text of the heading:

RECALL ORDERS

Clause 105: New.

Pest Control Products Act

Clause 106: Existing text of subsection 55(2):

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

Canada Border Services Agency Act

Clause 107: Relevant portion of the definition:

“program legislation” means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument,

...

(b) 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;

Clause 108: Relevant portion of subsection 9(2):

(2) The President may designate any person, or person within a class of persons,

...

(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.