Bill C-27

1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

house of commons of canada

BILL C-27

An Act to regulate and prohibit certain activities related to food and other products to which the Acts under the administration of the Canadian Food Inspection Agency apply and to provide for the administration and enforcement of those Acts and to amend other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Canadian Food Inspection Agency Enforcement Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Agency” means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act.

“Agency-related Act” means the Canadian Food Inspection Agency Act or any Act or provision of an Act whose administration or enforcement is the responsibility of the Agency by virtue of section 11 of the Canadian Food Inspection Agency Act, to the extent that the Agency is so responsible, other than the Plant Breeders’ Rights Act.

“agricultural or aquatic commodity” means

(a) an agricultural product in respect of which the Canada Agricultural Products Act applies;

(b) fish or a marine plant in respect of which the Fish Inspection Act applies;

(c) food; and

(d) an animal or meat product in respect of which the Meat Inspection Act applies.

“analyst” means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act.

“container” means any type of receptacle, baggage, package or cage, and includes a sack, bag, barrel, case, wrapper or strapping.

“conveyance” means any vessel, aircraft, train, motor vehicle, cargo container, trailer or other thing used to move persons or regulated products or other things.

“dispose” includes destroy, bury, render or slaughter.

“document” means any material on which representations, information or concepts are recorded or marked, including any record, book of account, bill of lading and log book, that is capable of being read or understood by a person or a computer system or other device.

“establishment” includes a conveyance.

“food” has the same meaning as in section 2 of the Food and Drugs Act.

“grader” means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act.

“inspector” means a person designated as an inspector or a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act.

“label” includes a product legend, word, mark, symbol, design, imprint, stamp, brand, ticket or tag or any combination of those things that is or is to be applied or attached to or included in, or that accompanies or is to accompany, any regulated product or its container.

“Minister” means the Minister of Agriculture and Agri-Food.

“officer” means a person designated as an officer under subsection 13(3) of the Canadian Food Inspection Agency Act.

“person” includes a partnership, a cooperative, an association and an organization.

“prepare” includes to treat, mill, grow, harvest, slaughter, process, store, package, handle, assemble, grade, code or label a regulated product, as well as to convey one for preparation.

“prescribed” means prescribed by regulation.

“President” means the President of the Agency appointed under section 5 of the Canadian Food Inspection Agency Act.

“regulated product” means any thing in respect of which an Agency-related Act applies, including

(a) an agricultural product in respect of which the Canada Agricultural Products Act applies;

(b) a feed in respect of which the Feeds Act applies;

(c) a fertilizer or a supplement in respect of which the Fertilizers Act applies;

(d) fish or a marine plant in respect of which the Fish Inspection Act applies;

(e) food;

(f) an animal, animal product, animal by-product, veterinary biologic or other thing in respect of which the Health of Animals Act applies;

(g) an animal or a meat product in respect of which the Meat Inspection Act applies;

(h) a plant or other thing in respect of which the Plant Protection Act applies; and

(i) seed in respect of which the Seeds Act applies.

“sell” includes to offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.

ADMINISTRATIVE REGIME RESPECTING REGULATED PRODUCTS

Licences

3. (1) The Minister may issue to any person a licence of a prescribed class that authorizes the person to be engaged in, or to operate an establishment to engage in,

(a) the importation of a regulated product;

(b) the preparation of an agricultural or aquatic commodity for export or interprovincial trade;

(c) the exportation of an agricultural or aquatic commodity;

(d) the sale of an agricultural or aquatic commodity in interprovincial trade; and

(e) the preparation or sale — excluding distribution without consideration — of a feed in respect of which the Feeds Act applies, a fertilizer or a supplement in respect of which the Fertilizers Act applies or seed in respect of which the Seeds Act applies.

4. (1) The Minister may attach conditions to a licence in accordance with the regulations.

(2) and (3) [Deleted]

(4) It is a condition of every licence that the holder comply with the requirements established by or under this Act.

5. (1) By notice in writing, the Minister may suspend or revoke a licence if the Minister considers that its holder has contravened any of its conditions.

Presumption of Federal Jurisdiction

6. (1) Any agricultural or aquatic commodity that is found in a registered establishment, or in an establishment in respect of which a licence has been issued under section 3, is presumed, in the absence of evidence to the contrary, to be for export or interprovincial trade and to be subject to the application of the Agency-related Acts.

(2) For the purposes of subsection (1), “registered establishment” means an establishment or a station registered under an Agency-related Act.

Importation

7. (1) A person who imports a regulated product into Canada shall, in the prescribed manner, present the product to a customs officer, an inspector or an officer at the time of its importation together with any related container, label or other thing that is imported with it and provide to him or her in the prescribed manner any related documents not later than the time of its importation.

(2) Instead of the presentation required by subsection (1), a person may, if authorized by a customs officer, an inspector or an officer to do so, provide to him or her in the prescribed manner the prescribed information relating to the regulated product.

(3) Before importing a prescribed regulated product, the importer shall give written notice to a customs officer, an inspector or an officer in the prescribed manner.

(4) For the purposes of this section, “customs officer” means a person employed in the administration or enforcement of the Customs Act and includes members of the Royal Canadian Mounted Police.

Exchange of Information

8. (1) The Agency may enter into an arrangement concerning the collection, use and disclosure of information with any government agency, department of government or prescribed organization, in Canada or elsewhere, for the purpose of administering or enforcing any law or carrying out an investigation.

Foreign Inspection Arrangements

9. (1) In exercising its responsibilities, the Agency may, with the approval of the Minister, enter into arrangements with a foreign government, a foreign government agency or a foreign organization respecting the importation of regulated products into Canada if the Agency is satisfied that

(a) the legal requirements, inspection systems and facilities for preparing regulated products for export in the foreign country are comparable to those applicable in respect of the preparation of the same regulated products in Canada and those products meet the requirements established by or under the Agency-related Acts; or

(b) the systems of preparation for those products in the foreign country are compara­ble to the Canadian systems that meet the requirements established by or under the Agency-related Acts, and those products meet the requirements established by or under the Agency-related Acts.

(2) In exercising its responsibilities, the Agency may, with the approval of the Minister, enter into arrangements with a foreign government, a foreign government agency or a foreign organization respecting the exportation of regulated products.

10. An arrangement entered into under section 9 may include the authority for the Agency to

(a) inspect systems of preparation in the foreign country and products prepared in the foreign country;

(b) establish compliance monitoring and inspection requirements for foreign products destined for export to Canada;

(c) recognize certificates of inspection issued by inspection providers recognized by the Agency as having the same effect as if they had been issued under an Agency-related Act; and

(d) implement any program or project related to the inspection of products and make funding arrangements for that purpose, including the sharing of revenues or the recovery of costs of the program or project.

11. The Agency may rely on the results of inspections conducted by another agency, a department of government, a foreign government or a foreign organization for the purpose of negotiating or implementing a foreign inspection arrangement or of determining whether regulated products imported under an arrangement meet the requirements established by or under the Agency-related Acts.

Ministerial Orders

12. (1) The Minister may make a temporary order containing any provision that may be contained in a regulation made under an Agency-related Act if the Minister considers that immediate action is required to deal with a significant risk, direct or indirect, to public health or safety, the environment or animal or plant health.

(2) A temporary order has effect from the time that it is made and ceases to have effect on the earliest of

(a) the day on which it is repealed by the Minister,

(b) the day that is 14 days after the day on which it is made if the Governor in Council has not, before that day, approved it,

(c) the day on which a regulation made under an Agency-related Act that has the same effect as the temporary order comes into force, and

(d) the day that is one year, or any shorter period that is specified in the order, after the day on which the temporary order is made.

(3) No person shall be convicted of a contravention of a temporary order unless, at the time of the alleged contravention, the order had been published in the Canada Gazette, the person had been notified of the order or reasonable steps had been taken to bring the purport of the order to the notice of those persons likely to be affected by it.

(4) For the purposes of any provision of an Agency-related Act other than this section, a reference to regulations made under an Agency-related Act is deemed to include temporary orders, and a reference to a regulation made under a specified provision of an Agency-related Act is deemed to include a reference to the portion of a temporary order containing any provision that may be contained in a regulation made under that provision.

(5) A copy of each temporary order must be tabled in each House of Parliament within 15 days after it is made.

(6) In order to comply with subsection (5), a copy of the temporary order may be sent to the Clerk of the House if the House is not sitting.

13. (1) In order to provide relief from the effects of a natural disaster or public emergency, the Minister may, by order, exempt any person or regulated product, or class of persons or regulated products, from the application of any provision of an Agency-related Act or its regulations for a period of up to 180 days if

(a) the Minister considers that the exemption does not pose a risk to the environment or to animal or plant health; and

(b) in the case of any food, the Minister of Health considers that the exemption does not pose a risk to human health.

(2) The Minister may renew the order, but no single renewal may be for a period of more than 180 days and the order may have effect for no more than 360 days in total.

Recognition of Inspection Results

14. (1) The Minister may recognize inspection results and associated documents from prescribed inspection bodies if the sampling, inspection, testing and reporting methodologies used by those bodies are comparable to those used by the Agency.

(2) The inspection results and associated documents, or any copy or extract of them, are admissible in evidence in any court and, in the absence of evidence to the contrary, are proof of the matters asserted in them without proof of the signature or official character of the person appearing to have signed them.

(3) No inspection results or associated documents referred to in this section may be received in evidence unless the party intending to produce them has served on the party against whom they are intended to be produced reasonable notice of that intention, together with a duplicate of the inspection results or associated documents.

Prohibitions

15. (1) No person shall engage in, or operate an establishment to engage in, an activity referred to in section 3 without a licence of a prescribed class issued under that section.

(2) No person who holds a licence issued under section 3 shall engage in an activity referred to in that section, or operate an establishment to engage in such an activity, unless

(a) the person does so in accordance with the requirements established by or under the Agency-related Acts; and

(b) in the case of a person operating an establishment, the establishment meets the requirements established by or under the Agency-related Acts.

16. (1) No person shall import a regulated product unless

(a) the person does so in accordance with the requirements established by or under this Act; and

(b) the regulated product meets the requirements established by or under the Agency-related Acts.

(2) No person shall possess a regulated product that the person knows or should know has not been imported in accordance with the requirements established by or under this Act.

(3) No person shall be convicted of an offence for the contravention of subsection (2) if the regulated product is an agricultural or aquatic commodity and is for the person’s own consumption.

17. No person shall export a regulated product unless the product is exported in accordance with the requirements established by or under this Act.

18. No person shall sell a regulated product that does not meet the requirements established by or under the Agency-related Acts.

19. No person shall possess a regulated product that the person knows or should know does not meet the requirements established by or under the Agency-related Acts.

20. (1) No person shall tamper with a regulated product, or the label or container of a regulated product, with the intent to

(a) render the product injurious to human, animal or plant health or the environment; or

(b) without believing it to be injurious to human, animal or plant health or the environment, cause any person to believe that it is.

(2) No person shall sell a regulated product that the person knows or should know has been tampered with so as to render the regulated product injurious to human, animal or plant health or the environment.

(3) No person shall threaten to tamper with a regulated product so as to render it injurious to human, animal or plant health or the environment.

(4) No person, knowing information to be false or being reckless as to its truth, shall communicate or cause to be communicated that information for the purpose of causing a person to believe that a regulated product has been tampered with so as to render it injurious to human, animal or plant health or the environment.

21. (1) No person shall prepare a food with water that is not safe water.

(2) For the purposes of subsection (1), “safe water” means water that does not affect the safety of any food with which it comes into contact.

22. (1) No person shall engage in an activity that is prohibited or is in a class of activity that is prohibited by virtue of a regulation made under paragraph 56(s) or engage in any activity for which a licence or permit is required by a regulation made under that paragraph without the required licence or permit.

(2) For the purposes of subsection (1), “activity” means any of the following activities, or an activity related to any of them: growing, raising, culturing, multiplying, processing, preparing, producing, manufacturing, developing, testing, distributing, exporting, importing, storing, administering, using, selling, conveying or disposing of

(a) an animal pathogen or other disease agent in respect of which the Health of Animals Act applies;

(b) a toxic substance as defined in subsection 2(1) of the Health of Animals Act;

(c) a veterinary biologic as defined in subsection 2(1) of the Health of Animals Act; or

(d) a pest as defined in section 3 of the Plant Protection Act.

ADMINISTRATION AND ENFORCEMENT OF AGENCY-RELATED ACTS

Injunctions

23. The Agency may apply to the Federal Court for an interim or permanent injunction enjoining any person from committing an offence against an Agency-related Act, whether or not a prosecution has been instituted in respect of that offence.

Inspections

24. The President may designate methods and equipment to be used by inspectors, officers, analysts and graders in carrying out powers, duties and functions conferred by or under this Act.

25. (1) An inspector or officer, in order to administer or enforce an Agency-related Act, has the authority to conduct an inspection, including, for the purpose of the inspection, to

(a) subject to section 27, at any reasonable time, enter any place, including a conveyance, in which he or she believes on reasonable grounds there is a regulated product or a document or any information relevant to the administration or enforcement of an Agency-related Act;

(b) open any container that he or she believes on reasonable grounds contains anything referred to in paragraph (a);

(c) require any person to present anything referred to in paragraph (a) in the manner and under the conditions that the inspector or officer considers necessary to conduct the inspection;

(d) direct that a conveyance that he or she believes on reasonable grounds carries a regulated product, or a document or any information that is relevant to the administration or enforcement of an Agency-related Act, be stopped and be moved to a place where an inspection can be conducted;

(e) [Deleted]

(f) require any person at the place where the inspection is being conducted to present any document or thing that the inspector or officer believes on reasonable grounds could serve to establish the person’s identity;

(g) take photographs, as defined in subsection 491.2(8) of the Criminal Code, of any place or thing;

(h) direct that operations in relation to the preparation of a regulated product be stopped;

(i) examine, test, analyse and take measurements of a regulated product or any other thing, take a reasonable number of samples of the product or related thing free of charge and examine or review any related document or information;

(j) examine and reproduce any document that the inspector or officer believes on reasonable grounds contains information that is relevant to the administration or enforcement of an Agency-related Act;

(k) require any person to present a list of persons to whom a regulated product has been distributed as well as any other relevant information necessary for the Agency to locate the regulated product; and

(l) administer oaths and take and receive affidavits, declarations and solemn affirmations.

(2) In exercising a power described in subsection (1), an inspector or officer may

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

(b) reproduce or cause to be reproduced any record 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 equipment at the place being inspected in order to reproduce or cause to be reproduced a document in the form of a printout or other intelligible output.

(3) An inspector or officer may submit to an analyst, for analysis or examination, any regulated product or other thing seized by the inspector or officer, any sample from one or any sample taken by the inspector or officer.

26. In order to detect a pest as defined in section 3 of the Plant Protection Act, or a disease or toxic substance as defined in subsection 2(1) of the Health of Animals Act, an inspector or officer may exercise the powers set out in section 25.

27. (1) An inspector or officer may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant.

(2) On an ex parte application, a justice as defined in section 2 of the Criminal Code may issue a warrant authorizing an inspector, an officer or a peace officer named in the warrant, subject to any conditions specified in it, to enter a dwelling-place if the justice is satisfied by information on oath that

(a) the conditions for entry described in paragraph 25(1)(a) exist in relation to the dwelling-place;

(b) entry to the dwelling-place is necessary in order to exercise the powers of inspection described in section 25; and

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

(3) The warrant may be in any form that the justice considers appropriate.

(4) If an inspector, an officer or a peace officer believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued under this section by telephone or other means of telecommunication on a request submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 of the Criminal Code applies, with any modifications that the circumstances require.

(5) The inspector, officer or peace officer shall not use force to execute the warrant unless its use is specifically authorized in the warrant and, in the case of an inspector or officer, he or she is accompanied by a peace officer.

(6) For the purposes of this section, “dwelling-place” means dwelling-house as defined in section 2 of the Criminal Code.

28. In exercising the powers of inspection described in section 25, an inspector or officer shall show his or her certificate of designation.

29. (1) The owner or person in charge of a place, including a conveyance, that is entered by an inspector, analyst or officer, and every person found in the place, shall

(a) give the inspector, analyst or officer, and any other person acting under the authority of the inspector, analyst or officer, all reasonable assistance to enable each of them to exercise his or her powers and carry out his or her duties and functions; and

(b) provide any information relevant to the administration or enforcement of an Agency-related Act that the inspector, analyst, officer or other person requires to be provided.

(2) A peace officer shall provide any assistance that an inspector, analyst or officer may request for the purpose of enforcing an Agency-related Act.

Requirement to Remove Unlawful Imports

30. (1) An inspector or officer who believes on reasonable grounds that a regulated product imported into Canada does not meet the requirements established by or under an Agency-related Act — or has been imported into Canada in contravention of a requirement established by or under an Agency-related Act — may, by notice, whether or not the inspector or officer has seized the product, order the owner, the importer or the person having the possession, care or control of the product to remove it from Canada at his or her expense.

(2) The notice shall be sent to, or served on, the owner, the importer or the person having the possession, care or control of the regulated product and may specify the period within which and the manner in which the product is to be removed from Canada.

(3) A person to whom a notice is directed shall comply with the order.

(4) Despite section 35, if a regulated product is not removed from Canada within the period specified in the notice — or, if the notice does not specify a period, within 90 days after the notice is sent or served — it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct at the expense of the owner, the importer or the person having the possession, care or control of the product.

Seizure

31. An inspector or officer may seize any regulated product or other thing if the inspector or officer believes on reasonable grounds that it is a thing by means of or in relation to which an offence against an Agency-related Act has been committed or that affords evidence of such an offence.

Searches

32. (1) An inspector, an officer or a peace officer may, under the authority of a warrant issued under this section, enter and search any place, including a conveyance, in which the inspector, officer or peace officer believes on reasonable grounds there is a regulated product or other thing by means of or in relation to which an offence against an Agency-related Act has been committed or that will afford evidence of such an offence.

(2) If, on ex parte application, a justice as defined in section 2 of the Criminal Code is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including a conveyance, a regulated product or other thing referred to in subsection (1), the justice may issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector, officer or peace officer named in the warrant to enter and search the place for the regulated product or other thing.

(3) The warrant may be in any form that the justice considers appropriate.

(4) If an inspector, an officer or a peace officer believes that it would be impracticable to appear personally to make application for a warrant under subsection (2), a warrant may be issued under this section by telephone or other means of telecommunication on a request submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 of the Criminal Code applies, with any modifications that the circumstances require.

(5) An inspector or officer may exercise the power of search referred to in subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.

(6) The warrant must be executed by day unless the justice authorizes its execution by night.

(7) In carrying out a search of a place or conveyance under this section, an inspector or officer may exercise any power described in section 25 or 31.

Disposition of Things Seized

33. An inspector or officer who seizes a regulated product or other thing shall, as soon as practicable, advise the owner of the seized thing, or the person having the possession, care or control of it at the time of its seizure, of the reason for the seizure.

34. (1) An inspector or officer who seizes a regulated product or any other thing, or any person so authorized by the inspector or officer, may

(a) store, treat or quarantine it at the place where it was seized — or remove it to any other place for storage, treatment or quarantine — at the expense of the owner of the seized thing, or the person having the possession, care or control of it at the time of its seizure;

(b) by notice, order its owner or the person having the possession, care or control of it at the time of its seizure to store, treat or quarantine it at the place where it was seized — or to remove it to any other place for storage, treatment or quarantine — at his or her expense; or

(c) dispose of it if it is perishable, is susceptible to deterioration, is an animal or a plant, is a pest, is suspected of being a pest, is infested with a pest or is suspected of being infested with a pest or if it constitutes a biological obstacle to the control of a pest.

(2) Any net proceeds from a disposition under paragraph (1)(c) are to be paid to the Receiver General.

(3) For the purposes of the Plant Protection Act, an inspector or officer who seizes a thing may, by notice, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at his or her expense.

(4) A notice referred to in paragraph (1)(b) or subsection (3) shall be sent to, or served on, the owner or the person having possession, care or control of the seized thing and may specify the period within which the thing is to be removed or disposed of, the period for which it is to be stored, treated or quarantined and the manner in which it is to be removed, disposed of, stored, treated or quarantined.

(5) A person to whom a notice is directed shall comply with the order.

35. (1) Subject to subsection (2) and section 36, any thing seized under this Act, or the net proceeds from its disposition, may not be detained after

(a) an inspector or officer determines that the thing meets the requirements established by or under the Agency-related Acts; or

(b) with the exception of any food seized under the Food and Drugs Act, the expiry of 180 days after the date of seizure or any longer period that is prescribed.

(2) If proceedings are instituted in relation to any thing seized under this Act, the thing or the net proceeds from its disposition may be detained until the proceedings are concluded.

(3) If the owner of the seized thing or the person having possession, care or control of it at the time of its seizure is convicted of an offence under an Agency-related Act and a fine is imposed,

(a) the thing may be detained until the fine is paid;

(b) the thing may be sold under execution in satisfaction of the fine; and

(c) any proceeds realized from its disposition under paragraph (b) may be applied in payment of the fine.

(4) If proceedings are instituted in relation to any thing seized under this Act and the thing has not been disposed of or forfeited under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.

(5) Subsection (4) does not apply to a seized thing that is an agricultural product bearing an agricultural product legend or grade name regulated under the Canada Agricultural Prod­ucts Act, or a meat product or anything bearing the meat inspection legend regulated under the Meat Inspection Act.

(6) After hearing the application, the court may order the seized thing to be returned, subject to any conditions necessary to ensure its preservation for any purpose for which it may subsequently be required, including security being provided to the Agency in a form and an amount satisfactory to the court, if the court is satisfied

(a) that sufficient evidence exists or may reasonably be obtained without detaining the thing; and

(b) if the thing is a regulated product, that the product meets any requirements established by or under the Agency-related Acts.

Forfeiture

36. (1) A thing seized under this Act or the proceeds of its disposition are forfeited to Her Majesty in right of Canada if

(a) no person can, within 30 days after the seizure, be identified as its owner or entitled to possess it; or

(b) the person who is its owner or is entitled to possess it does not claim the thing or its proceeds

(i) in the case of a thing seized only under the Food and Drugs Act, within 30 days after the sending of a notice of termination of seizure, and

(ii) in any other case, within 30 days after the seizure ends.

(2) Subsection (1) does not apply if proceedings are instituted in relation to the offence in respect of which the thing was seized.

37. (1) If a person is convicted of an offence under an Agency-related Act, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or the net proceeds from its disposition, be forfeited to Her Majesty in right of Canada.

(2) A seized thing that has been forfeited may be disposed of as the Minister may direct at the expense of the owner or person having the possession, care or control of it at the time of its seizure.

38. If the owner or the person having the possession, care or control of a thing at the time of its seizure consents at any time to its forfeiture, the seized thing is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct at the expense of the owner or the person having the possession, care or control of it at the time of its seizure.

Inspection-related Prohibitions

39. No person shall obstruct or interfere with any person who is exercising any powers or carrying out any duties or functions under an Agency-related Act or with any person acting under the authority of that person.

40. No person shall, with intent to deceive, make a false or misleading statement, either orally or in writing, to a person who is exercising any powers or carrying out any duties or functions under an Agency-related Act or to any person acting under the authority of that person.

41. No person shall, with intent to deceive, produce any document that he or she knows or should know contains false or misleading information for examination or copying by a person who is exercising any powers or carrying out any duties or functions under an Agency-related Act, or by any person acting under the authority of that person.

42. No person shall falsify or — with intent to deceive — alter, destroy, erase or obliterate any document or label made or issued under an Agency-related Act.

43. Except as authorized by an inspector or officer, no person shall remove, alter or interfere with any thing seized, detained, held or quarantined under this Act or with any thing the movement of which is restricted or prohibited under this Act.

44. [Deleted]

45. [Deleted]

Samples

46. (1) A sample taken under this Act may be disposed of in any manner that the Minister considers appropriate.

(2) Neither Her Majesty in right of Canada nor the Agency is liable for any loss, damage or costs resulting from the taking or disposition of a sample under this Act unless the loss, damage or costs were the result of a failure to exercise due diligence by an agent or employee of Her Majesty or the Agency.

Offences

47. (1) Subject to section 48, every person who contravenes any provision of this Act commits an offence and is liable

(a) on conviction on indictment, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years or to both; or

(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

(2) A person may not be convicted of an offence for failing to comply with an order referred to in subsection 30(1), paragraph 34(1)(b) or subsection 34(3) unless he or she had been served notice of the order or had otherwise received notice of it.

48. Every person who contravenes subsection 20(1) or (2) commits an offence and is liable

(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years or to both; or

(b) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years or to both.

49. Every person who contravenes any provision of the regulations commits an offence and is liable on summary conviction to a fine of not more than $50,000 or to imprisonment for a term of not more than six months or to both.

50. If a person, other than an individual, commits an offence under an Agency-related Act, any officer, director, agent or mandatary of the person who directs, authorizes, assents to, acquiesces in or participates in the commission of the offence or who fails to exercise due diligence to prevent its commission is guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted.

51. In any prosecution for an offence under an Agency-related Act, it is sufficient proof of the offence to establish that it was committed by any employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the accused exercised all due diligence to prevent the commission of the offence.

52. A prosecution for an offence under an Agency-related 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.

53. (1) Proceedings by way of summary conviction in respect of an offence under an Agency-related Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

(2) In the case of an offence that is a misrepresentation of the variety name or purity of variety of a seed in respect of which the Seeds Act applies, proceedings may be instituted at any time within, but not later than, three years after the time when the subject-matter of the proceedings arose.

54. (1) In proceedings for an offence under an Agency-related Act, a declaration, certificate, report or other document of the Minister or President, or of any inspector, analyst, grader or officer, purporting to have been signed by that person 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.

(2) In proceedings for an offence under an Agency-related Act, a copy of or an extract from any document that is made by the Minister or President, or by any inspector, analyst, grader or officer, that appears to have been certified under the signature of that person 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.

(3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

(4) No document referred to in this section may be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the document.

Review Tribunal

55. (1) If the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act is seized of an application in respect of a contravention of an agri-food Act, it may exercise the powers conferred on a court under sections 35 and 37, with any modifications that the circumstances require.

(2) If the Review Tribunal is seized of an application in respect of a contravention of an agri-food Act, section 54 applies, with any modifications that the circumstances require.

(3) For the purposes of this section, “agri-food Act” means

(a) the Canada Agricultural Products Act;

(b) the Feeds Act;

(c) the Fertilizers Act;

(d) the Health of Animals Act;

(e) the Meat Inspection Act;

(f) the Plant Protection Act; or

(g) the Seeds Act.

REGULATIONS

56. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

(a) requiring persons to maintain and provide to the Agency information or documents in respect of activities and regulated products in respect of which an Agency-related Act applies;

(b) respecting the information and documents to be maintained under paragraph (a) and the period during which they are to be retained by the persons referred to in that paragraph;

(c) respecting electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information referred to in or required to be kept by an Agency-related Act;

(d) respecting terms and conditions under which electronic means may be used and the means that may be used to electronically sign documents or authenticate them;

(e) respecting the admissibility as evidence of documents and information;

(f) respecting the functions and duties of inspectors, analysts, graders and officers;

(g) respecting the inspection of places, including conveyances, and of regulated products and other things and the stopping of conveyances;

(h) respecting the conducting of tests and the making of analyses;

(i) establishing pre-clearance and in-transit requirements in respect of regulated products and any container, document, label or other thing that is to be or has been imported with a regulated product into Canada and in respect of any thing that is or might be infested, infected or contaminated with a pest, disease or toxic substance;

(j) regulating or prohibiting the importation of regulated products;

(k) respecting documents related to regulated products that are to be or have been imported and the presentation of those products and documents on importation;

(l) regulating or prohibiting the exportation of regulated products;

(m) respecting documents related to regulated products that are to be or have been exported;

(n) establishing, for the purposes of subsection 9(1), requirements respecting the recognition of foreign inspection systems and facilities for preparing products for export in the foreign country and the recognition of foreign systems of preparation;

(o) establishing the requirements for quality management programs or quality control programs for regulated products, food safety systems and other similar programs;

(p) prescribing the classes of licences that the Minister may issue, the duration of licences, the conditions to be attached to any class of licence and the information to be submitted by an applicant for a licence;

(q) respecting the renewal, amendment, suspension, revocation or reinstatement of licences and procedures;

(r) respecting the design, construction, hygiene, sanitation, maintenance and operation of establishments referred to in section 3 and the equipment and facilities in them;

(s) for the purposes of section 22, prohibiting — or requiring a licence or permit for — any activity described in subsection 22(2) or any class of such activities, governing the issue, renewal, amendment, suspension and revocation of such a licence or permit and governing any conditions to be attached to the licence or permit;

(t) respecting the exemption, in whole or in part, of a person or a class of persons, of an activity or of any thing described in any of paragraphs 22(2)(a) to (d) from the application of section 22, and governing the terms and conditions of the exemption;

(u) establishing and regulating systems to ascertain all places of origin or destination of regulated products, including requiring persons having the possession, care or control of the products — including persons carrying on the business of a custom broker — to identify them and to maintain documents with respect to them and to provide those documents to the Agency;

(v) respecting the collection of information and statistics on any matter related to an Agency-related Act;

(w) establishing a mechanism for dealing with complaints from employees of the Agency or members of the public relating to human health or safety with respect to regulated products;

(x) respecting the seizure, detention, safekeeping, forfeiture and disposal of regulated products or any other thing under this Act; and

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

INCORPORATION BY REFERENCE

57. (1) A regulation may incorporate by reference material produced by a person or body other than the Agency, including

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

(b) an industrial or a trade organization; and

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

(2) A regulation may incorporate by reference material that the Agency reproduces or translates from material produced by a person or body other than the Agency

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

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

(3) A regulation may incorporate by reference material that the Agency produces jointly with a government or another government agency for the purpose of harmonizing the regulation with other laws.

(4) A regulation may incorporate by reference technical or explanatory material that the Agency produces, such as

(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.

(5) A regulation may incorporate by reference material as amended from time to time.

(6) Material that is incorporated by reference in a regulation is not a regulation for the purposes of the Statutory Instruments Act.

58. No person shall be convicted of an offence for the contravention of a provision of a regulation that incorporates material by reference unless it is proved that, at the time of the alleged contravention,

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

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

(c) the incorporated material had been published in the Canada Gazette.

59. For the purposes of sections 57 and 58, “regulation” means a regulation made under any Agency-related Act.

STATUTORY INSTRUMENTS ACT

60. (1) An order under subsection 12(1) or section 13 is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and must be published in the Canada Gazette within 23 days after the day on which it is made.

(2) For greater certainty, a written order made under subsection 30(1) or section 34 is not a statutory instrument for the purposes of the Statutory Instruments Act.

TRANSITIONAL PROVISIONS

61. (1) For greater certainty, the limitation period provided for in section 53 applies only in respect of offences committed after the coming into force of that section.

(2) Regulations made under the following provisions remain in force and are deemed to have been made under this Act, to the extent that they are compatible with it, until they are repealed or replaced:

(a) paragraphs 32(d), (j) and (o) of the Canada Agricultural Products Act;

(b) paragraphs 5(g), (j) and (k) of the Feeds Act;

(c) paragraphs 5(1)(g), (i) and (j) of the Fertilizers Act;

(d) paragraphs 3(i) and (k) of the Fish Inspection Act;

(e) paragraphs 64(1)(z.2) and (z.3) of the Health of Animals Act;

(f) paragraph 20(o) of the Meat Inspection Act;

(g) paragraph 47(m) of the Plant Protection Act; and

(h) paragraphs 4(1)(i) to (j) of the Seeds Act.

CONSEQUENTIAL AMENDMENTS

Agriculture and Agri-Food Administrative Monetary Penalties Act

62. Section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is amended by adding the following in alphabetical order:

“person” includes a partnership, a cooperative, an association and an organization;

63. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:

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 or any other court of competent jurisdiction:

64. Subsection 16(2) of the Act is replaced by the following:

(2) On production to the Federal Court or any other court of competent jurisdiction, 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

65. The definitions “analyst”, “grader” and “inspector” in section 2 of the Canada Agricultural Products Act are replaced by the following:

“analyst” means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act;

“grader” means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act;

“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

66. The heading before section 19 and sections 19 and 20 of the Act are repealed.

67. The heading before section 21 and sections 21 to 30 of the Act are repealed.

68. (1) Paragraph 32(d) of the Act is repealed.

(2) Paragraph 32(j) of the Act is repealed.

(3) Section 32 of the Act is amended by adding the word “and” at the end of paragraph (n) and by repealing paragraph (o).

69. Subsections 33(2) and (3) of the Act are repealed.

70. Sections 36 to 38 of the Act are repealed.

71. Section 40 of the Act is repealed.

72. Subsections 11(1) and (2) of the Act are replaced by the following:

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

(2) The Agency is responsible for the administration and 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.

73. Subsection 13(3) of the Act is replaced by the following:

(3) The President may designate any qualified person or class of qualified persons as inspectors, analysts, graders or officers, and any veterinarian as a veterinary inspector, 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.

(4) Every inspector, officer and veterinary inspector shall be given a certificate in a form established by the President attesting to the designation of the inspector, officer or veterinary inspector.

74. The Act is amended by adding the following after section 14:

14.1 The Agency may operate, provide, approve or accredit any diagnostic, research or laboratory services or facilities or other services or facilities required for the purposes of any Act or provision that the Agency enforces or administers by virtue of section 11, or engage the service of a laboratory accreditation or standard organization to accredit them.

75. Section 18 of the Act is repealed.

76. Subsections 19(2) and (3) of the Act are replaced by the following:

(1.1) If the Minister believes on reasonable grounds that a regulated product that was recalled voluntarily, or with respect to which an order is given under subsection (1), poses a risk to public, animal or plant health, the Minister may take any measure to dispose of the product or may, by notice sent to or served on the owner or the person having the possession, care or control of the product, order the owner or that person to take any measure to dispose of the product at his or her expense.

(1.2) A notice referred to in subsection (1) or (1.1) may specify the period within which and the manner in which the order is to be complied with.

(2) Any person who contravenes an order referred to in subsection (1) or (1.1) 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, an order referred to in subsection (1) or (1.1) 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.

77. Section 30 of the Act is renumbered as subsection 30(1) and is amended by adding the following :

(2) The unexpended balance of money appropriated by an Act of Parliament for the purpose of making operational and capital expenditures of the Agency in a fiscal year lapses at the end of the fiscal year following the year in which the money was originally appropriated, or at the end of any longer period that may be specified in the Act.

Competition Act

78. Paragraphs 7(1)(b) and (c) of the Competition Act are replaced by the following:

(b) the administration and enforcement of the Consumer Packaging and Labelling Act except as it relates to food, as that term is defined in section 2 of the Food and Drugs Act; and

Consumer Packaging and Labelling Act

79. (1) The definition “Minister” in subsection 2(1) of the Consumer Packaging and Labelling Act is replaced by the following:

“Minister” means the Minister of Industry and, as it relates to food as defined in section 2 of the Food and Drugs Act, means the Minister of Agriculture and Agri-Food;

(2) Subsection 2(2) of the Act is replaced by the following:

(2) The Commissioner is responsible for the administration and enforcement of this Act except subsection 11(1) and except as it relates to food, as that term is defined in section 2 of the Food and Drugs Act.

Customs Act

80. Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (j):

(j.1) an official of the Canadian Food Inspection Agency for the purpose of administering or enforcing any Act referred to in section 11 of the Canadian Food Inspection Agency Act, if the information relates to the import, export or in-transit movement of goods into or out of Canada;

Feeds Act

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

82. (1) Paragraph 5(g) of the Act is repealed.

(2) Paragraphs 5(j) and (k) of the Act are repealed.

83. The heading before section 6 and sections 6 to 9 of the Act are repealed.

84. Subsections 10(2) to (5) of the Act are repealed.

85. Sections 11 and 12 of the Act are repealed.

Fertilizers Act

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

87. (1) Paragraph 5(1)(g) of the Act is repealed.

(2) Paragraphs 5(1)(i) and (j) of the Act are repealed.

88. The heading before section 6 and sections 6 to 9 of the Act are repealed.

89. The portion of section 10 of the Act before paragraph (a) is replaced by the following:

10. Every person who, or whose employee or agent or mandatary, contravenes any provision of this Act is guilty of

90. Sections 10.1 to 13 of the Act are repealed.

Fish Inspection Act

91. The definitions “fish”, “inspector” and “marine plant” in section 2 of the Fish Inspection Act are replaced by the following:

“fish” means any fish, including shellfish and crustaceans, and marine animals, any parts, products or by-products of them and anything prescribed as a fish for the purposes of this Act;

“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

“marine plant” includes Irish moss, kelp and other salt water plants, any products or by-products of them and anything prescribed as a marine plant for the purposes of this Act;

92. (1) The portion of section 3 of the Act before paragraph (a) is replaced by the following:

3. The Governor in Council may, for the purpose of regulating the exportation or importation of fish and containers, by regulation prescribe anything that is to be prescribed by this Act and make regulations

(2) Paragraph 3(i) of the Act is repealed.

(3) Section 3 of the Act is amended by adding the word “and” at the end of paragraph (h), by striking out the word “and” at the end of paragraph (j) and by repealing paragraph (k).

93. Section 4 of the Act is repealed.

94. Sections 6 to 9 of the Act are repealed.

95. Section 12 of the Act is amended by striking out the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(b.1) prescribing anything that is to be prescribed by this Act; and

96. (1) Subsection 14(1) of the Act is repealed.

(2) Subsection 14(3) of the Act is repealed.

97. Section 17 of the Act is repealed.

98. Sections 17.2 and 18 of the Act are repealed.

Health of Animals Act

99. (1) The definitions “penalty” and “Tribunal” in subsection 2(1) of the Health of Animals Act are repealed.

(2) The definitions “analyst”, “inspector”, “officer” and “veterinary inspector” in subsection 2(1) of the Act are replaced by the following:

“analyst” means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act;

“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

“officer” means a person designated as an officer under subsection 13(3) of the Canadian Food Inspection Agency Act, but does not include an analyst;

“veterinary inspector” means a veterinarian designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

100. Section 32 of the Act is repealed.

101. Section 35 of the Act is repealed.

102. The heading before section 38 and sections 38 to 47 of the Act are repealed.

103. Paragraphs 64(1)(z.2) and (z.3) of the Act are repealed.

104. The portion of section 66 of the Act before paragraph (a) is replaced by the following:

66. Every person who fails to comply with a notice delivered to the person under section 18, 25, 27, 37 or 48 or the regulations is guilty of

105. Section 68 of the Act is repealed.

106. Sections 71 to 74 of the Act are repealed.

Meat Inspection Act

107. (1) The definitions “analyst”, “penalty” and “Tribunal” in subsection 2(1) of the Meat Inspection Act are repealed.

(2) The definition “inspector” in subsection 2(1) of the Act is replaced by the following:

“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

108. The heading before section 12 and sections 12 to 18 of the Act are repealed.

109. Paragraph 20(o) of the Act is repealed.

110. (1) Subsection 21(3) of the Act is replaced by the following:

(1) Every person who contravenes or fails to comply with the regulations is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.

(2) Subsections 21(5) and (6) of the Act are repealed.

111. Sections 23 to 26 of the Act are repealed.

Plant Protection Act

112. (1) The definitions “peace officer” and “penalty” in section 3 of the Plant Protection Act are repealed.

(2) The definition “inspector” in section 3 of the Act is replaced by the following:

“inspector” means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

113. Subsection 8(3) of the Act is replaced by the following:

(3) If a thing is not removed from Canada as required under this section, it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

114. Section 21 of the Act is repealed.

115. Section 23 of the Act is repealed.

116. The heading before section 25 and sections 25 to 34 of the Act are repealed.

117. Section 37 of the Act and the heading before it are repealed.

118. Subsection 44(1) of the Act is replaced by the following:

44. (1) Her Majesty may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including

(a) the treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; and

(b) the confiscation, forfeiture or disposal of a thing under this Act or the regulations.

119. Paragraph 47(m) of the Act is replaced by the following:

(m) respecting the disposition of things forfeited or confiscated under this Act;

120. The portion of section 49 of the Act before paragraph (a) is replaced by the following:

49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24 or 36 or the regulations is guilty of

121. Section 51 of the Act is repealed.

122. Sections 54 to 57 of the Act are repealed.