Bill C-80

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First Reading

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	EVIDENCE
Certificates and reports	87. (1) In proceedings for an offence under this Act, a declaration, certificate, report or other document of the Minister or President, or of an inspector, analyst, grader or officer, 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 any proceedings for an offence under this Act, a copy of or an extract from any record, book of account or other document that is made by the Minister or President, or by an inspector, analyst, grader or officer, and 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.
Presumed date of issue	(3) A document referred to in this section is, in the absence of evidence to the contrary, deemed to have been issued on the date that it bears.
Notice	(4) No document referred to in this section shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy or extract.
	PART 7
1995, c. 40; 1997, c. 21; 1998, c. 22	AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
	Amendments
1997, c. 21, s. 29	80. *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 Canada Grain Act , the Health of Animals Act, the Pest Control Products Act and the Plant Protection Act
1997, c. 21, s. 30	81. The definitions ``agri-food Act'' and ``Tribunal'' in section 2 of the Act are replaced by the following:
``agri-food Act'' « loi agroalimen- taire »	``agri-food Act'' means the Farm Debt Mediation Act, the Canada Grain Act , the Health of Animals Act, the Pest Control Products Act or the Plant Protection Act;
``Tribunal'' « Commission »	``Tribunal'' means the Review Tribunal continued by section 27 ;
	82. The Act is amended by adding the following after section 11:
	PUBLICATION OF FACTS
Publication of facts	11.1 If a person has committed a violation, the Minister may publish the facts of the violation and recover the costs of publication from the person.
	83. The Act is amended by adding the following before section 14:
Review by single member	13.1 A review by the Tribunal under this Act shall be heard by a single member of the Tribunal who has the legal qualifications described in section 28.
	84. (1) Subsection 15(1) of the Act is amended by adding the following after paragraph (c):
	(c.1) the amount of the publication costs of the Minister under section 11.1 and any interest payable on those costs;
	(2) Subsection 15(3) of the Act is replaced by the following:
Debt final	(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.
	85. The headings before section 27 and sections 27 to 90 of the Act are replaced by the following:
	REVIEW TRIBUNAL
	Composition
Review Tribunal continued	27. (1) The Review Tribunal, continued by subsection 4.1(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 Tribunal shall consist of such members as are appointed by the Governor in Council, one of whom shall be appointed as Chairperson.
Qualifica- tions	28. A person is not eligible to be appointed a member of the Tribunal unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson of the Tribunal and at least one other member of the Tribunal must, in addition, be a barrister or advocate of at least ten years standing at the bar of any province or a notary of at least ten years standing at the Chambre des notaires du Québec.
Membership	29. The Chairperson of the Tribunal shall be appointed as a full-time member and the other members shall be appointed as either full-time members or part-time members of the Tribunal.
Tenure	30. (1) Each member of the Tribunal 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 Governor in Council for cause.
Re- appointment	(2) Each member of the Tribunal may be re-appointed as a member in the same or another capacity.
No other public service	31. A member of the Tribunal shall not hold any other office in the public service of Canada.
Conflict of interest	32. A member of the Tribunal shall not accept or hold any office or employment that is inconsistent with the member's duties or take part in any matter before the Tribunal in which the member has an interest.
	Chairperson
Duties of Chairperson	33. (1) The Chairperson of the Tribunal is its chief executive officer and shall apportion 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 of the Tribunal shall designate a member of the Tribunal 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 sixty days without the approval of the Governor in Council.
	Remuneration
Remunera- tion	34. (1) Each full-time member of the Tribunal shall be paid the salary that is fixed by the Governor in Council and each part-time member of the Tribunal is entitled to be paid the fees or other remuneration for that member's services that may be fixed by the Governor in Council.
Travel and living expenses	(2) The members of the Tribunal are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.
	Staff
Staff and facilities	35. The Minister may provide the Tribunal with officers and employees from within the public service of Canada and any facilities and advisers that are necessary for the proper conduct of the business of the Tribunal.
Contractual assistance	36. The Tribunal 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 Tribunal to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.
	Head Office
Head office	37. (1) The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act.
Sittings	(2) The Tribunal may sit at any place in Canada that may be specified by the Governor in Council.
	Powers
Exclusive jurisdiction	38. 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 by this Act or any other Act of Parliament.
Court of record	39. (1) The Tribunal 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 Tribunal 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, 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
	(c) during a hearing, receive any evidence that it considers relevant and trustworthy.
	Rules
Rules	40. 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
	(c) the work of the Tribunal under this or any other Act of Parliament.
	General
Consulta- tions	41. The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.
Rules of evidence do not apply	42. The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it, and shall 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	43. The Tribunal 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.
	Transitional Provisions
Definitions	86. The definitions in this section apply in sections 87 to 89.
``commen- cement day'' « date d'entrée en vigueur »	*``commencement day'' means the day on which section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 85 of this Act, comes into force.*
``former Tribunal'' « ancienne Commission »	``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 158 of this Act.
``new Tribunal'' « nouvelle Commission »	*``new Tribunal'' means the Review Tribunal continued by section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 85 of this Act.*
Chairperson	87. 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.
Other members	88. 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.
Pending proceedings	89. Proceedings pending before the former Tribunal immediately before the commencement day shall be taken up and continued before the new Tribunal.