Bill C-80

(x) exempting any of the following from the application of any or all of the provisions of this Act or the regulations and prescribing the conditions of the exemption:

(i) a person, establishment, food, agricultural or aquatic commodity or agricultural input,

(ii) a class of food, commodity or input, or

(iii) a container or document or thing used in respect of any food, commodity or input;

(y) permitting the Minister to exempt from any of the requirements of this Act or the regulations, and prescribing the conditions of the exemption, the preparation or sale of any fresh or processed fruit or vegetable and its products

(i) for export trade, or

(ii) for import or interprovincial trade, if the Minister considers that it is necessary to do so in order to alleviate a shortage in Canada of the fruit or vegetable or its products or an equivalent fruit, vegetable or product; and

(z) prescribing anything that is to be prescribed under this Act.

Incorporation by Reference

(a) an organization established for the purpose of writing standards;

(b) an industrial or trade organization; and

(c) a government, government agency or international body.

(a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or

(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

(a) specifications, classifications, illustrations, graphs and other information of a technical nature; and

(b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

(a) the material was reasonably accessible to the person;

(b) reasonable steps were taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

(c) the material was published in the Canada Gazette.

Ministerial Orders and Certificates

(a) a food poses a serious danger to public health and safety;

(b) the regulations are inadequate to protect the public; and

(c) immediate action is required to protect the public.

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

(b) the day it is repealed,

(c) the day a regulation made under this Act governing the subject-matter of the order comes into force, and

(d) six months after the order is made.

(a) the order was published in the Canada Gazette; or

(b) the person was notified of the order or reasonable steps were taken to ensure that it was accessible to persons likely to be affected by it.

(a) the Minister is of the opinion that the exemption does not pose a risk to animal or plant health; and

(b) the Minister of Health is of the opinion that the exemption does not pose a risk to human health.

PART 4

PENAL PROVISIONS

Offences and Penalties

(a) on summary conviction, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding eighteen months or to both; or

(b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding three years or to both.

(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; or

(b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years or to both.

(a) for a contravention of subsection 19(1) in respect of the variety name or purity of a variety of a seed, within three years after the time the subject-matter of the proceedings arose; or

(b) for any other offence, within two years after the time the subject-matter of the proceedings arose.

(a) the offence was committed or the subject-matter of the prosecution arose;

(b) the accused was apprehended; or

(c) the accused happens to be, or is carrying on business.

(a) revoke the licence or suspend it for a period that the court considers appropriate; and

(b) prohibit the person from applying for any licence issued under this Act during a period that the court considers appropriate.

(a) prohibiting the person from doing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the person to compensate the Agency, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Agency as a result of the commission of the offence;

(c) directing the person to perform community service in accordance with any conditions that may be specified in the order;

(d) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences;

(e) directing the person to take any action that the court considers appropriate to remedy or avoid any contamination to a food, agricultural or aquatic commodity or agricultural input that resulted or may result from the commission of the offence;

(f) directing the person to provide security or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with a prohibition, direction or requirement mentioned in this section; and

(g) directing the person to submit to the Agency, on request by the Agency within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances.

(a) guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person is liable on summary conviction for the original offence; or

(b) guilty of an indictable offence and liable to a punishment not exceeding the maximum punishment to which a person is liable on conviction on indictment for the original offence.