Bill C-61
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| R.S., c. F-10
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Fertilizers Act |
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50. Section 2 of the Fertilizers 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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51. (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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52. Section 10 of the Act is replaced by the
following:
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| Contravention
of Act or
regulations
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10. Every person who, or whose employee
or agent, contravenes any provision of this Act
or any regulation made under paragraph 5(i)
or (j) is guilty of
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53. Section 12 of the Act is replaced by the
following:
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| Certificate of
analyst
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12. In any proceedings for a violation, or for
an offence under this Act, a certificate of an
analyst stating that the analyst has analyzed or
examined a substance or a sample submitted
to the analyst by an inspector and stating the
result of the examination is evidence of the
statement contained in the certificate.
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| 1990, c. 21 [c. H-3.3]
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Health of Animals Act |
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54. Subsection 2(1) of the Health of
Animals 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
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55. Section 40 of the Act is replaced by the
following:
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| Seizure
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40. Where an inspector or officer believes
on reasonable grounds that a violation, or an
offence under this Act, has been committed,
the inspector or officer may seize and detain
any animal or thing
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56. Subsections 41(1) and (2) of the Act
are replaced by the following:
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| Warrant
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41. (1) Where on ex parte application a
justice is satisfied by information on oath that
there are reasonable grounds to believe that
there is in any place any animal or thing
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the justice may at any time sign and issue a
warrant authorizing an inspector or officer to
enter and search the place for the animal or
thing and, subject to any conditions that may
be specified in the warrant, to seize and detain
it.
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| Search and
seizure
powers
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(2) The inspector or officer who executes a
warrant may exercise the powers described in
section 38 and may seize and detain, in
addition to any animal or thing mentioned in
the warrant, any animal or thing
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57. Subsections 45(2) and (3) of the Act
are replaced by the following:
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| Application
for return
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(2) Where proceedings are instituted in
accordance with subsection (1) in respect of
the animal or thing and it has not been
disposed of or forfeited under this Act, the
owner of the animal or thing or the person
having the possession, care or control of it at
the time of its seizure may apply
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for an order that it be returned.
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| Order
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(3) The Tribunal or court, as the case may
be, may order that the animal or thing be
returned to the applicant, subject to such
conditions as the Tribunal or court may
impose to ensure that it is preserved for any
purpose for which it may subsequently be
required, where the Tribunal or court is
satisfied that sufficient evidence exists or may
reasonably be obtained without detaining the
animal or thing and that it is not, or is not
suspected of being, affected or contaminated
by a disease or toxic substance.
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58. Subsection 46(1) of the Act is replaced
by the following:
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| Forfeiture
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46. (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 animal or 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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59. (1) Subsection 47(1) of the Act is
replaced by the following:
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| Disposal of
forfeited
animals and
things
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47. (1) Where proceedings mentioned in
subsection 45(1) are instituted within the time
provided in that subsection and, at the final
conclusion of those proceedings, the Tribunal,
in the case of a violation, or the court, in the
case of an offence, orders the forfeiture of an
animal or thing that was seized and detained,
it shall be disposed of as the Minister may
direct.
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(2) Subsection 47(2) of the English
version of the Act is replaced by the
following:
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| Return of
seized animals
and things
where no
forfeiture
ordered
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(2) Where the Tribunal or court, as the case
may be, does not order the forfeiture of an
animal or thing, it or any proceeds realized
from its disposition shall be returned to the
owner of the animal or thing or the person
having the possession, care or control of it at
the time of its seizure.
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(3) Subsection 47(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
owner of an animal or thing or the person
having the possession, care or control of it at
the time of its seizure has committed a
violation, or the owner of an animal or thing
or the person having the possession, care or
control of it at the time of its seizure is
convicted of an offence under this Act, and a
penalty or fine, as the case may be, is imposed,
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60. Paragraph 54(1)(a) of the Act is
replaced by the following:
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61. Paragraph 65(1)(b) of the Act is
replaced by the following:
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62. Paragraph 66(b) of the Act is replaced
by the following:
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63. (1) Subsection 74(1) of the Act is
replaced by the following:
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| Certificates
and reports
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74. (1) In any proceedings for a violation, or
for an offence under this Act, a declaration,
certificate, report or other document of the
Minister or an analyst, inspector or officer,
purporting to have been signed by the Minister
or the analyst, inspector or officer, 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.
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(2) Subsection 74(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 record or other document that
is made by the Minister or an analyst,
inspector or officer under this Act or the
regulations and that appears to have been
certified under the signature of the Minister or
the analyst, inspector or officer 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.
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| R.S., c. 25 (1st
Supp.) [c. M-3.2]
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Meat Inspection Act |
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64. Subsection 2(1) of the Meat Inspection
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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65. Subsection 11(1) of the Act is replaced
by the following:
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| Presumption
of prohibited
possession
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11. (1) In any proceedings for a violation or
for an offence under paragraph 5(b) or 6(b) or
section 10, an accused found in possession of
a meat product that did not comply with any
provision of this Act or the regulations shall be
deemed, in the absence of evidence to the
contrary, to have had possession of the meat
product for the purpose of advertising or
selling it.
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66. Subsection 15(1) of the French
version of the Act is replaced by the
following:
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| Saisie
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15. (1) L'inspecteur peut saisir et retenir
tout produit de viande ou tout autre objet, s'il
a des motifs raisonnables de croire qu'ils ont
servi ou donné lieu à une contravention à la
présente loi ou à ses règlements.
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67. (1) The portion of subsection 16(1) of
the English version of the Act after
paragraph (b) is replaced by the following:
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unless before that time proceedings have been
instituted in respect of a violation, or in
respect of an offence under this Act, in relation
to the meat product or other thing seized, in
which case it may be detained until the
proceedings are finally concluded.
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(2) Subsections 16(2) and (3) of the Act
are replaced by the following:
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| Application
for return
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(2) Where proceedings referred to in
subsection (1) have been instituted, the owner,
or person in possession at the time of seizure,
of anything that is the subject-matter of the
proceedings, other than a meat product or
anything bearing the meat inspection legend,
may, subject to subsection 17(3), apply
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for an order that it be returned.
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| Order for
return
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(3) Where, on an application pursuant to
subsection (2), the Tribunal or court is
satisfied that sufficient evidence exists or may
reasonably be obtained without detaining the
thing that is the subject-matter of the
proceedings, the Tribunal or court may order
it to be returned to the applicant, subject to any
condition 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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68. Subsections 17(1) and (2) of the Act
are replaced by the following:
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| Forfeiture
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17. (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 or judge, as
the case may be, may, in addition to any
penalty or punishment imposed, order that any
meat product or other thing by means of or in
relation to which the violation or offence was
committed be forfeited to Her Majesty in right
of Canada, and on the making of the order the
meat product or other thing may be disposed
of as the Minister may direct.
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| Tribunal or
court to
consider
forfeiture
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(2) Where no party raises the question of
forfeiture under subsection (1), the Tribunal or
court shall consider the question on its own
motion.
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69. (1) Subsection 21(1) of the Act is
replaced by the following:
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| Contravention
of paragraph
5(b) or 6(b)
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21. (1) Every person who contravenes
paragraph 5(b) or 6(b) by selling anything
contrary thereto is guilty of an indictable
offence and liable to a fine not exceeding
$250,000 or to imprisonment for a term not
exceeding two years, or to both.
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(2) Subsections 21(3) and (4) of the Act
are replaced by the following:
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| Contravention
of subsection
13(2) or
regulations
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(3) Every person who contravenes or fails to
comply with subsection 13(2) or the
regulations is guilty of an offence punishable
on summary conviction and liable to a fine not
exceeding $50,000 thousand dollars.
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| General
offence
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(4) Subject to subsections (1) to (3), every
person who contravenes any provision of this
Act is guilty of an offence punishable on
summary conviction and liable to a fine not
exceeding $50,000 or to imprisonment for a
term not exceeding six months, or to both.
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