Bill C-27

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R.S., c. S-8

Seeds Act

1995, c. 40, s. 86; 1997, c. 6, s. 87

123. The definitions “analyst”, “inspector”, “penalty”, “Tribunal” and “violation” in section 2 of the Seeds Act are repealed.

R.S., c. 49 (1st Supp.), s. 4(3)

124. Paragraphs 4(1)(i) to (j) of the Act are repealed.

R.S., c. 31 (1st Supp.), s. 21; 1995, c. 40, s. 87; 1997, c. 6, s. 88

125. The heading before section 5 and sections 5 to 8 of the Act are repealed.

R.S., c. 49 (1st Supp.), s. 5

126. Subsection 9(5) of the Act is repealed.

1995, c. 40, s. 89; 1997, c. 6, s. 89(1)

127. Sections 10 to 12 of the Act are repealed.

COORDINATING AMENDMENTS

Bill C-26

128. (1) Subsections (2) to (14) apply if Bill C-26, introduced in the 1st Session of the 38th Parliament and entitled the Canada Border Services Agency Act (in this section, the “other Act”), receives royal assent.

(2) On the later of the coming into force of this Act and the coming into force of the other Act, this Act is amended by adding the following before the heading “Injunctions” that precedes section 23:

Canada Border Services Agency

Powers of inspectors

22.1 For the purposes of the enforcement of the program legislation referred to in paragraph (b) of the definition “program legislation” in section 2 of the Canada Border Services Agency Act as that program legislation relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of that Act have all the powers of an inspector under this Act.

(3) Section 33 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(4) If the other Act comes into force before this Act, section 80 of this Act and the heading before it are repealed.

(5) If this Act comes into force before the other Act, subsection 80(5) of the other Act is repealed.

(6) Section 112 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(7) Section 113 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(8) Section 116 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(9) Section 117 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(10) The heading before section 121 and sections 121 and 122 of the other Act are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(11) Section 123 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(12) Section 131 of the other Act and the heading before it are repealed on the coming into force of the other Act, if this Act comes into force before the other Act.

(13) On the later of the coming into force of this Act and the coming into force of the other Act, the Health of Animals Act is amended by adding the following after section 2:

Canada Border Services Agency

Powers of inspectors

2.1 For the purposes of the enforcement of this Act as it relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of the Canada Border Services Agency Act have all the powers of an inspector under subsection 16(1) and section 18 of this Act.

(14) On the later of the coming into force of this Act and the coming into force of the other Act, the Plant Protection Act is amended by adding the following after section 3:

Canada Border Services Agency

Powers of inspectors

3.1 For the purposes of the enforcement of this Act as it relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points, other than import service centres, the persons designated as inspectors by the President of the Canada Border Services Agency under paragraph 9(2)(b) of the Canada Border Services Agency Act have all the powers of an inspector under sections 6 to 8 of this Act.

COMING INTO FORCE

Order in council

129. This Act, except section 128, comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Seeds Act

Clause 123: Existing text of the definitions:

“analyst” means a person designated as an analyst pursuant to section 5;

“inspector” means a person designated as an inspector pursuant to section 5;

“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;

“Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;

“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.

Clause 124: Relevant portion of subsection 4(1):

4. (1) The Governor in Council may make regulations

...

(i) respecting the detention, preservation and safeguarding of anything seized under section 8;

(i.1) providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure;

(j) respecting the disposition of anything forfeited under section 8;

Clause 125: Existing text of the heading and sections 5 to 8:

ENFORCEMENT

5. (1) The President of the Canadian Food Inspection Agency may designate inspectors and analysts under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.

(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency attesting to their designation and, on entering any place under subsection 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.

6. (1) Subject to subsection (1.1), an inspector may at any reasonable time

(a) enter any place in which the inspector believes on reasonable grounds there is any seed to which this Act applies;

(b) open any package found in that place that the inspector believes on reasonable grounds contains any such seed;

(d) require any person to produce for inspection or for the purpose of obtaining copies or extracts any books, shipping bills, bills of lading or other documents or papers with respect to the administration of this Act or the regulations.

(1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

(2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

7. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.

(2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.

8. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize the seed or package by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

(2) Any seed or package seized pursuant to subsection (1) shall not be detained after

(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or

(b) the expiration of six months after the day of the seizure,

unless before that time proceedings have been instituted in respect of the contravention, in which event the seed or package may be detained until the proceedings are finally concluded.

(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 seed or package by means of or in relation to which the violation or offence was committed be forfeited to Her Majesty in right of Canada.

Clause 126: Existing text of subsection 9(5):

(5) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.

Clause 127: Existing text of sections 10 to 12:

10. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted

(a) in the case of an offence that is a misrepresentation of the variety name or purity of variety of a seed, within three years after the time the subject-matter of the prosecution becomes known to the Minister; or

(b) in the case of any other offence, within two years from the time when the subject-matter of the prosecution becomes known to the Minister.

(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

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, in any proceedings for a violation, or for an offence under this Act, evidence of the statement contained in the certificate.

(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 received in evidence without proof of the signature or official character of the person by whom it purports to be signed.

12. A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.