Bill C-61
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| Travel and
living
expenses
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(2) Each member of the Tribunal 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.
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32. (1) The portion of subsection 8(3) of
the Act before paragraph (a) is replaced by
the following:
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| Rules
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(3) The Board and, subject to the
Agriculture and Agri-Food Administrative
Monetary Penalties Act, the Tribunal may,
with the approval of the Governor in Council,
each make rules governing
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(2) Section 8 of the Act is amended by
adding the following after subsection (3):
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| Rules of
evidence do
not apply
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(4) Neither the Board nor the Tribunal is
bound by any legal or technical rules of
evidence in conducting any matter that comes
before it, and each shall deal with matters that
come before it as informally and
expeditiously as the circumstances and
considerations of fairness and natural justice
permit.
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| Privileged
evidence not
receivable
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(5) Neither the Board nor the Tribunal shall
receive or accept as evidence anything that
would be inadmissible in a court by reason of
any privilege under the law of evidence.
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33. Section 10 of the Act is replaced by the
following:
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| Application
for review
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10. (1) A party to any complaint
proceedings may apply to the Tribunal for a
review of the decision of the Board in
accordance with subsection (1.1), and the
application shall be brought within thirty days
after the Board made the decision or within
such longer period as the Tribunal may allow,
either before or after the expiration of the
thirty days.
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| Nature of
review
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(1.1) A review referred to in subsection (1)
shall be based on the record of the Board's
proceedings and on the grounds of fairness,
natural justice or error of law, but the Tribunal
may hear evidence not previously available if
it deems it necessary for the purposes of the
review.
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| Disposition of
review
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(2) After concluding a review referred to in
subsection (1), the Tribunal may, by order,
confirm the decision, make the decision that
the Board 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 any order under this subsection.
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34. The heading before section 11 of the
Act is replaced by the following:
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ENFORCEMENT OF DECISIONS AND ORDERS |
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35. Subsections 11(1) and (2) of the Act
are replaced by the following:
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| Filing in
Federal Court
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11. (1) Subject to subsection (3), any person
affected by a decision or order of the Board
made under subsection 9(2), if it is final, or a
decision or order of the Tribunal made under
subsection 10(2), 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 thirty days after the day
on which the decision or order was made.
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| Effect of
filing
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(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.
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| 1990, c. 8,
s. 42
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36. Section 12 of the Act is replaced by the
following:
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| Exclusive
jurisdiction
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12. (1) The Board has sole and exclusive
jurisdiction to hear and determine all
questions of fact or law in relation to any
matter over which the Board is given
jurisdiction by section 9, and the Tribunal has
sole and exclusive jurisdiction to hear and
determine all questions of fact or law in
relation to any matter over which the Tribunal
is given jurisdiction by this Act and the
Agriculture and Agri-Food Administrative
Monetary Penalties Act.
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| Review by
Federal Court
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(2) Subject to section 10, a decision or order
of the Board and a decision or order of the
Tribunal may only be reviewed under the
Federal Court Act.
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| Chairperson
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12.1 (1) The jurisdiction of the Tribunal in
relation to the following matters shall be
exercised by the Chairperson of the Tribunal:
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| Other legally
qualified
members
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(2) The jurisdiction of the Tribunal in
relation to a matter referred to in subsection
(1) may be exercised, where the Chairperson
of the Tribunal so directs, by any member of
the Tribunal with the legal qualifications
described in subsection 4.1(2).
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| Reviews
under other
Act
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12.2 Reviews by the Tribunal under the
Agriculture and Agri-Food Administrative
Monetary Penalties Act shall be heard by a
single member of the Tribunal.
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37. Section 18 of the Act is replaced by the
following:
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| Presumption
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18. In any proceedings for a contravention
of section 16 or 17, a person found in
possession of an agricultural product in a
quantity greater than is ordinarily necessary
for a person's own consumption shall be
deemed, in the absence of evidence to the
contrary, to have been in possession of the
product for the purpose of marketing it.
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38. Section 26 of the Act is replaced by the
following:
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| Redelivery on
deposit of
security
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26. In proceedings for a violation the
Tribunal may, and in proceedings for an
offence under this Act the court in which the
proceedings are or may be brought may, with
the consent of the Minister, order redelivery of
a thing seized under this Act, or delivery of
any proceeds realized from its disposition
under section 25, to the person from whom the
thing was seized if security is given to the
Minister in an amount and form satisfactory to
the Minister.
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39. Subsections 27(2) and (3) of the Act
are replaced by the following:
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| Application
for return
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(2) Subject to subsection 28(2), where
proceedings are instituted in accordance with
subsection (1) in respect of a thing seized,
other than an agricultural product bearing an
agricultural product legend or a grade name,
the owner of the thing or the person in
possession of it at the time of its seizure may
apply
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for an order that the thing be returned.
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| Order
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(3) Where the Tribunal or court, as the case
may be, is satisfied that sufficient evidence
exists or may reasonably be obtained without
detaining 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.
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| 1993, c. 34,
s. 12(F)
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40. Subsection 28(1) of the Act is replaced
by the following:
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| Forfeiture
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28. (1) Where 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, on its own motion or at the
request of any party to the proceedings, in
addition to any penalty or punishment
imposed, order that any thing by means of or
in relation to which the violation or offence
was committed, or any proceeds realized from
its disposition, be forfeited to Her Majesty in
right of Canada.
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41. (1) Subsection 29(1) of the Act is
replaced by the following:
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| Disposal of
forfeited
things
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29. (1) Where proceedings mentioned in
subsection 27(1) are instituted within the time
provided in that subsection and, at the final
conclusion of those proceedings, the Tribunal
or court orders the forfeiture of a seized thing,
it may be disposed of, at the expense of the
person from whom it was seized, in
accordance with the regulations, unless the
Minister directs otherwise.
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(2) Subsection 29(2) of the English
version of the Act is replaced by the
following:
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| Return of
seized things
where no
forfeiture
ordered
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(2) Where the Tribunal or court does not
order the forfeiture of the thing seized, it shall
be returned to the person from whom it was
seized or any proceeds realized from its
disposition or any security given for it shall be
returned to that person.
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| 1993, c. 34,
s. 13(F)
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(3) Subsection 29(3) of the Act is replaced
by the following:
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| Exception
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(3) Where the Tribunal decides that the
person from whom a thing was seized has
committed a violation, or a person from whom
a thing was seized is convicted of an offence
under this Act, the thing, any proceeds
realized from its disposition or any security
given for it may be retained until the penalty
or fine, as the case may be, is paid, or the thing
may be sold under execution in satisfaction of
the penalty or fine or the proceeds or the
security or any part thereof may be applied in
payment of the penalty or fine.
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42. Subsection 30(1) of the French
version of the Act is replaced by the
following:
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| Avis de retrait
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30. (1) S'il a des motifs raisonnables de
croire qu'un produit agricole est ou a été
importé en contravention avec la présente loi
ou ses règlements, l'inspecteur peut, qu'il y ait
ou non saisie, en exiger le retrait par
l'importateur en envoyant à celui-ci, à son
adresse commerciale au Canada, un avis à
remettre à personne ou sous pli recommandé.
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43. Paragraphs 33(1)(a) and (b) of the Act
are replaced by the following:
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44. (1) Subsection 40(1) of the Act is
replaced by the following:
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| Admissibility
of certain
documents
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40. (1) In any proceedings for a violation, or
for an offence under this Act, a certificate or
report of an analyst, inspector or grader,
purporting to have been signed by the analyst,
inspector or grader, and stating the results of
the relevant analysis, inspection or grading, is
admissible in evidence without proof of the
signature or official character of the person
appearing to have signed the certificate or
report and, in the absence of evidence to the
contrary, is proof of the matters asserted in the
certificate or report.
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(2) Subsection 40(2) of the English
version of the Act is replaced by the
following:
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| Copies of
documents
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(2) In any proceedings for a violation, or for
an offence under this Act, a copy of or an
extract from any book, record or document
made by an inspector under paragraph
21(1)(c) or (2)(b) or subsection 24(2) or (4)
and appearing to have been certified under the
inspector's signature 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 the copy and extract
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.
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45. Section 41 of the Act is replaced by the
following:
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| Evidence of
identification
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41. In any proceedings for a violation, or for
an offence under this Act, proof that an
agricultural product or its container bore
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is proof, in the absence of evidence to the
contrary, that the agricultural product was
prepared by the person or at the establishment
whose name, address, registered number or
registered brand mark appeared on the
agricultural product or container.
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| R.S., c. F-9
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Feeds Act |
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46. Section 2 of the Feeds Act is amended
by adding the following in alphabetical
order:
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| ``penalty'' « sanction »
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``penalty'' means an administrative monetary
penalty imposed under the Agriculture and
Agri-Food Administrative Monetary
Penalties Act for a violation;
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| ``Tribunal'' « Commission »
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``Tribunal'' means the Review Tribunal
continued by subsection 4.1(1) of the
Canada Agricultural Products Act;
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| ``violation'' « violation »
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``violation'' means any contravention of this
Act or the regulations that may be
proceeded with in accordance with the
Agriculture and Agri-Food Administrative
Monetary Penalties Act.
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47. (1) Subsection 9(1) of the Act is
replaced by the following:
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| Seizure
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9. (1) Where an inspector believes on
reasonable grounds that this Act or the
regulations have been contravened, the
inspector may seize any article by means of or
in relation to which the inspector believes on
reasonable grounds the contravention was
committed.
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(2) Subsection 9(3) of the Act is replaced
by the following:
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| Forfeiture
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(3) Where 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 penalty or
punishment imposed, order that any article by
means of or in relation to which the violation
or offence was committed, be forfeited to Her
Majesty in right of Canada.
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48. Subsection 10(1) of the Act is replaced
by the following:
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| Contravention
of Act or
regulations
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10. (1) Every person who, or whose
employee or agent, contravenes any provision
of this Act or the regulations is guilty of
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49. Section 11 of the Act is replaced by the
following:
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| Certificate of
analyst
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11. (1) A certificate of an analyst stating that
the analyst has examined a substance or a
sample submitted to the analyst by an
inspector and stating the result of the
examination is admissible in evidence in any
proceedings for a violation, or for an offence
under this Act, and, in the absence of any
evidence to the contrary, is proof of the
statement of analysis contained in the
certificate.
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| Admissibility
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(2) In any proceedings for a violation, or for
an offence under this Act, a document
purporting to be the certificate of an analyst
shall be admitted in evidence without proof of
the signature of the person by whom it
purports to be signed and without proof of that
person's official position.
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