Bill C-27

Agriculture and Agri-Food Administrative Monetary Penalties Act

Clause 62: New.

Clause 63: Relevant portion of subsection 15(1):

15. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

Clause 64: Existing text of subsection 16(2):

(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Canada Agricultural Products Act

Clause 65: Existing text of the definitions:

“analyst” means an analyst designated pursuant to section 19;

“grader” means a grader designated pursuant to section 19;

“inspector” means an inspector designated pursuant to section 19;

Clause 66: Existing text of section 19:

19. (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders 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 Agency attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place on request.

(3) [Repealed, 1997, c. 6, s. 39]

(4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations.

(5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or detained under this Act or the regulations.

Clause 67: Existing text of the heading and sections 21 to 30:

INSPECTION

21. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector may

(a) open any container that the inspector believes on reasonable grounds contains an agricultural product;

(b) inspect any agricultural product or other thing and take samples of it free of charge; and

(c) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations.

(2) In carrying out an inspection under this section, an inspector may

(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

(3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act or the regulations as the inspector may reasonably require.

22. (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant issued under subsection (2).

(2) Where on ex parte application a justice is satisfied by information on oath that

(a) the conditions for entry described in section 21 exist in relation to a dwelling-place,

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

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

the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to such conditions as may be specified in the warrant.

(3) An inspector who executes a warrant issued under subsection (2) 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.

(4) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.

23. Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize and detain any agricultural product or other thing

(a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or

(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

SEARCH

24. (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 an agricultural product, record, document or other thing

(a) by means of or in relation to which this Act or the regulations have been contravened or are suspected of having been contravened, or

(b) that there are reasonable grounds to believe will afford evidence in respect of a contravention of this Act or the regulations,

the justice may at any time issue a warrant authorizing an inspector to enter and search the place for the agricultural product, record, document or thing and to seize it.

(2) An inspector who executes a warrant issued under subsection (1) may exercise the powers described in section 21 and may seize, in addition to any thing mentioned in the warrant, any agricultural product or other thing

(a) by means of or in relation to which the inspector believes on reasonable grounds that this Act or the regulations have been contravened; or

(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

(3) A warrant issued under subsection (1) shall be executed by day unless the justice authorizes its execution by night.

(4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain a warrant.

DISPOSITION OF THINGS SEIZED

25. (1) A thing seized and detained under this Act may be stored by an inspector, or by any person designated by an inspector, in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for storage and the costs of storage or removal shall be paid by the owner of the thing or by the person who was in possession of it at the time of its seizure.

(2) An inspector who seizes a perishable agricultural product under this Act may dispose of or destroy the product and any proceeds realized from its disposition shall be paid to the Receiver General.

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.

27. (1) A thing seized under this Act, or the proceeds realized from its disposition under section 25, shall not be detained after

(a) an inspector determines that the thing is in conformity with the provisions of this Act and the regulations, or

(b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be prescribed,

unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained until the proceedings are finally concluded.

(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

(a) in the case of a violation, to the Tribunal, or

(b) in the case of an offence, to the court before which the proceedings are being held,

for an order that the thing be returned.

(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.

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.

(2) Where the owner of a thing seized under this Act or the person in possession of it at the time of its seizure consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada.

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.

(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.

(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.

ILLEGAL IMPORT

30. (1) Where an inspector believes on reasonable grounds that an agricultural product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada.

(2) Where an agricultural product is not removed from Canada within the period specified for its removal in a notice delivered or sent under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the agricultural product shall, notwithstanding section 27, be forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the importer, in accordance with the regulations, unless the Minister directs otherwise.

Clause 68: (1) to (3) Relevant portion of section 32:

32. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act and, without limiting the generality of the foregoing, may make regulations

...

(d) providing for the inspection of establishments and the inspection, analysis, testing, grading and sampling of agricultural products;

...

(j) establishing requirements governing the seizure and detention of things under this Act, providing for the safe-keeping and disposal of things seized, detained or forfeited under this Act and regulating the inspection of places and the stopping of vehicles;

...

(o) providing for the collection of market information and statistics, the publication of studies dealing with the marketing of agricultural products and the conduct of surveys on any matter related to this Act or the regulations; and

Clause 69: Existing text of subsections 33(2) and (3):

(2) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

(3) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

Clause 70: Existing text of subsections 36 to 38:

36. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

37. In any 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 the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

38. A prosecution for an offence under this Act may be instituted, heard and determined

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

(b) where the accused was apprehended; or

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

Clause 71: Existing text of section 40:

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.

(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.

(3) No certificate, report, copy or extract referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, copy or extract.

Canadian Food Inspection Agency Act

Clause 72: Existing text of subsections 11(1) and (2):

11. (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Canada Agricultural Products Act, Feeds Act, Fertilizers Act, Fish Inspection Act, Health of Animals Act, Meat Inspection Act, Plant Breeders’ Rights Act, Plant Protection Act and Seeds Act.

(2) The Agency is responsible for the enforcement of the Consumer Packaging and Labelling Act as it relates to food, as that term is defined in section 2 of the Food and Drugs Act.

Clause 73: Existing text of subsection 13(3):

(3) The President may designate any person or class of persons as inspectors, analysts, graders, veterinary inspectors or other officers for the enforcement or administration of any Act or provision that the Agency enforces or administers by virtue of section 11, in respect of any matter referred to in the designation.

Clause 74: New.

Clause 75: Existing text of section 18:

18. The Agency may apply to a judge of a court of competent jurisdiction for an interim injunction enjoining any person from contravening an Act or provision that the Agency enforces or administers by virtue of section 11, whether or not a prosecution has been instituted in respect of that contravention.

Clause 76: Existing text of subsections 19(2) and (3):

(2) Any person who contravenes a recall order referred to in subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding six months or to both.

(3) For greater certainty, a recall order is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under subsection (2) unless the person was notified of the order.

Clause 77: New.