Bill C-80
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
Evidence |
|
| Presumption
|
50. (1) In any proceedings for a
contravention of paragraph 14(b), subsection
23(1) or (2) or section 24, an accused found in
possession of a food, agricultural or aquatic
commodity or agricultural input is deemed, in
the absence of evidence to the contrary, to
have had possession of it in order to prepare or
sell it.
|
|
| Exception
|
(2) The presumption under subsection (1)
does not apply to a person in possession of a
food or agricultural or aquatic commodity for
the person's own consumption.
|
|
| Evidence of
identification
|
51. In a prosecution for an offence under
this Act, proof that a food, agricultural or
aquatic commodity or agricultural input or its
label or container bore a name and address
purporting to be that of the person who
imported, prepared or sold it or a licence
number issued under this Act purporting to be
that of the establishment where it was
prepared or sold is proof, in the absence of
evidence to the contrary, that the food,
commodity or input was imported, prepared
or sold by that person or at that establishment.
|
|
|
|
|
|
|
|
|
|
| Certificates
and reports
|
52. (1) In proceedings for an offence under
this Act, a declaration, certificate, report or
other document of the Minister, the President
of the Agency or an inspector, analyst, officer
or grader as defined in section 2 of the
Canadian Food Inspection Agency Act,
purporting to have been signed by that person
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.
|
|
| Copies and
extracts
|
(2) In proceedings for an offence under this
Act, a copy of or an extract from a record or
other document that is made by the Minister,
the President of the Agency or an inspector,
analyst, officer or grader purporting 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.
|
|
| Presumed date
of issue
|
(3) A document referred to in subsection (1)
or (2) is, in the absence of evidence to the
contrary, deemed to have been issued on the
date that it bears.
|
|
| Notice
|
(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 given 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.
|
|
|
|
PART 5 |
|
|
|
ARBITRATION AMONG DEALERS |
|
|
|
Board of Arbitration |
|
| Board of
Arbitration
continued
|
53. (1) The Board of Arbitration, continued
by subsection 4(1) of the Canada Agricultural
Products Act, chapter 20 of the 4th
Supplement to the Revised Statutes of
Canada, 1985, is hereby continued.
|
|
| Composition
|
(2) The Board of Arbitration shall consist of
the members appointed by the Minister, one of
whom shall be appointed as Chairperson and
one as Vice-Chairperson.
|
|
| Tenure
|
(3) Each member shall be appointed for a
term of not more than five years and shall hold
office during good behaviour, but may be
removed by the Minister for cause.
|
|
| Re- appointment
|
(4) Each member may be re-appointed as a
member in the same or another capacity.
|
|
| Contractual
assistance
|
54. The Board of Arbitration may, for
specific projects, enter into contracts for the
services of persons having technical or
specialized knowledge of any matter relating
to the work of the Board to advise and assist it
in the exercise of its powers or the
performance of its duties and functions under
this Act.
|
|
| Absence or
incapacity of
members
|
55. (1) If a member of the Board of
Arbitration is absent or unable to act or the
member's office becomes vacant, the Minister
may appoint a person to act in the member's
place and, in the case of the Chairperson of the
Board, the Vice-Chairperson of the Board
shall act as Chairperson.
|
|
| Duties of
Chairperson
|
(2) The Chairperson of the Board of
Arbitration is its chief executive officer and
shall apportion work among its members.
|
|
| Head office
|
56. (1) The head office of the Board of
Arbitration shall be in the National Capital
Region, as described in the schedule to the
National Capital Act.
|
|
| Sittings
|
(2) The Board of Arbitration may sit at the
places in Canada that it considers appropriate.
|
|
| Quorum
|
(3) Three members of the Board of
Arbitration constitute a quorum.
|
|
| Staff and
facilities
|
(4) The Minister may provide the Board of
Arbitration with officers and employees from
within the public service of Canada and any
facilities and advisers that are necessary for
the proper conduct of its business.
|
|
| Remunera- tion
|
57. (1) Each full-time member of the Board
of Arbitration shall be paid any remuneration
that is fixed by the Governor in Council and
each part-time member is entitled to be paid
such fees for that member's services as are
fixed by the Governor in Council.
|
|
| Travel and
living
expenses
|
(2) Each member of the Board of
Arbitration is entitled to be paid reasonable
travel and living expenses incurred by the
member in the course of the member's duties
under this Act while absent from, in the case
of a full-time member, the member's ordinary
place of work and, in the case of a part-time
member, the member's ordinary place of
residence.
|
|
| Court of
record
|
58. (1) The Board of Arbitration is a court
of record and shall have an official seal that
shall be judicially noticed.
|
|
| Examination
of witnesses,
etc.
|
(2) In addition to the powers conferred by
subsection (1), the Board of Arbitration has,
with respect to the appearance, swearing and
examination of witnesses, the production and
inspection of documents, 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, the Board may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Rules
|
(3) The Board of Arbitration may, with the
approval of the Governor in Council, make
rules governing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Rules of
evidence do
not apply
|
(4) The Board of Arbitration is not bound by
any legal or technical rules of evidence in
conducting a matter that comes before it, and
shall deal with the matters as informally and
expeditiously as the circumstances and
considerations of fairness and natural justice
permit.
|
|
| Privileged
evidence not
receivable
|
(5) The Board of Arbitration may not
receive or accept as evidence anything that
would be inadmissible in a court by reason of
any privilege under the law of evidence.
|
|
| Consulta- tions
|
59. The members of the Board of
Arbitration may consult with other members
of the Board in respect of any matter before it.
|
|
| Definition of
``dealer''
|
60. (1) In this section, ``dealer'' means a
person who
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Complaints
against
dealers
|
(2) A dealer may, within the prescribed
time, file with the Board of Arbitration a
written complaint against a dealer licensed
under this Act for failure to comply with the
regulations respecting grades, standards or the
preparation of prescribed agricultural or
aquatic commodities.
|
|
| Board to hear
complaints
|
(3) The Board of Arbitration shall hear a
complaint and
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Exclusive
jurisdiction
|
(4) The Board of Arbitration has sole and
exclusive jurisdiction to hear and determine
all questions of fact or law in relation to a
matter over which the Board is given
jurisdiction under this section.
|
|
|
|
Review |
|
| Application
for review
|
61. (1) A party to any complaint
proceedings may apply to the Tribunal for a
review of the decision of the Board of
Arbitration in accordance with subsection (2),
and the application shall be brought within 30
days after the Board made the decision or
within any longer period that the Tribunal may
allow, either before or after the expiry of the
30 days.
|
|
| Nature of
review
|
(2) A review referred to in subsection (1)
shall be based on the record of the Board of
Arbitration's proceedings and be limited to
the grounds of fairness, natural justice or error
of law, but the Tribunal may hear evidence not
previously available if it considers it
necessary for the purposes of the review.
|
|
| Consulta- tions
|
(3) The members of the Tribunal may
consult with other members of the Tribunal in
respect of a review referred to in subsection
(1).
|
|
| Disposition of
review
|
(4) After concluding a review referred to in
subsection (1), the Tribunal may, by order,
confirm the decision, make the decision that in
its opinion the Board of Arbitration should
have made or direct that the Board re-hear the
matter, and the Tribunal shall, in accordance
with its rules, notify the parties of an order
made under this subsection.
|
|
| Filing in
Federal Court
|
62. (1) Subject to subsection (3), a person
affected by a decision or order of the Board of
Arbitration made under subsection 60(3), if it
is final, or an order of the Tribunal made under
subsection 61(4), may file in the Federal Court
for immediate registration a copy of the
decision or order, exclusive of any reasons
given for it, but the decision or order shall not
be filed until at least 30 days after the day on
which the decision or order was made.
|
|
| Effect of
filing
|
(2) On filing in the Federal Court, a decision
or order shall be registered in that Court and,
when registered, it shall have the same force
and effect, and all proceedings may be taken,
as if the decision or order were a judgment
obtained in that Court.
|
|
| Staying filing
|
(3) The Tribunal may make an order staying
the filing in the Federal Court of an order
pending review by the Tribunal.
|
|
| Definition of
``order of the
Board of
Arbitration''
|
(4) In subsection (1), the expression ``order
of the Board of Arbitration'' includes an order
as varied by the Tribunal but does not include
an order made by a decision that has been
cancelled by the Tribunal.
|
|
| Review by
Federal Court
|
63. Subject to section 61, a decision or order
of the Board of Arbitration may only be
reviewed under the Federal Court Act.
|
|
| Jurisdiction
over
applications
for review
|
64. The jurisdiction of the Tribunal in
relation to complaints under subsection 60(2)
shall be exercised by
|
|
|
|
|
|
|
|
|
|
|
|
Transitional Provisions |
|
| Definitions
|
65. The definitions in this section apply in
sections 66 to 68.
|
|
| ``commen- cement day'' « date d'entrée en vigueur »
|
``commencement day'' means the day on
which section 53 of this Act comes into
force.
|
|
| ``former
Board'' « ancien conseil »
|
``former Board'' means the Board of
Arbitration continued by subsection 4(1)
of the Canada Agricultural Products Act,
as that subsection read immediately
before the coming into force of section 53
of this Act.
|
|
| ``new Board'' « nouveau conseil »
|
``new Board'' means the Board of
Arbitration continued by section 53 of
this Act.
|
|
| Chairperson
|
66. The persons who hold the offices of
Chairperson and Vice-Chairperson of the
former Board immediately before the
commencement day continue in office as
the Chairperson and Vice-Chairperson,
respectively, of the new Board for the
remainder of the term for which they were
appointed.
|
|
| Other
members
|
67. Each person who holds office as a
member of the former Board immediately
before the commencement day continues in
office as a member of the new Board for the
remainder of the term for which the person
was appointed.
|
|
| Pending
proceedings
|
68. Proceedings pending before the
former Board immediately before the
commencement day shall be taken up and
continued before the new Board.
|
|