Bill C-64
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-64 |
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An Act respecting the inspection of fish and
marine plants
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Fish
Inspection Act.
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INTERPRETATION |
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| Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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| ``container'' « contenant »
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``container'' means a receptacle, package,
wrapper or confining band used in market
ing fish.
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| ``conveyance'
' « véhicule »
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``conveyance'' means any vessel, aircraft,
train, motor vehicle, cargo container, trailer
or other means of transportation of goods or
fish.
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| ``establish- ment'' « établisse- ment »
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``establishment'' means a freezer-factory ship
with an enclosed processing deck or a plant
or building where fish are prepared for mar
ket.
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| ``export'' « exporta- tion »
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``export'' means to send or convey fish to
another province or country for the purpose
of marketing it.
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| ``fish'' « poisson »
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``fish'' includes
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| ``grade
name'' « nom de catégorie »
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``grade name'' means a prescribed name or
designation for a category or class of fish.
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| ``import'' « importa- tion »
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``import'' means to convey or bring fish into
Canada for the purpose of marketing it.
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| ``inspection
mark'' « sceau d'inspection »
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``inspection mark'' means a prescribed mark,
stamp or seal applied to any fish or its con
tainer or to an inspection certificate.
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| ``inspector'' « inspecteur »
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``inspector'' means an inspector designated
under section 34.
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| ``licensed
establish- ment'' « établisse- ment agréé »
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``licensed establishment'' means an establish
ment in respect of which a plant operating
licence is issued under section 9.
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| ``marketing'' « commercia- lisation »
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``marketing'' means preparing, advertising,
purchasing, conveying, distributing, trad
ing in and selling fish and any other act nec
essary to make fish available for consump
tion or use.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Fisheries
and Oceans.
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| ``preparing'' « condition- nement »
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``preparing'' includes processing, storing, in
specting, grading, assembling, packaging,
pricing, marking, coding and labelling.
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| ``prescribed'' Version anglaise seulement
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``prescribed'' means prescribed by regulation.
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| ``processing'' « transfor- mation »
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``processing'' includes cleaning, filleting,
washing, shucking, icing, packing, can
ning, freezing, irradiating, pasteurizing,
smoking, salting, cooking, pickling and
drying.
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| Application
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(2) Unless the context requires otherwise,
every reference in this Act to fish shall be read
as including a reference to marine plants,
including benthic and detached algae, marine
flowering plants, brown algae, red algae,
green algae, phytoplankton and their products
and by-products.
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BINDING ON HER MAJESTY |
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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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TRADE IN FISH |
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| Prohibition
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4. No person shall import, export or prepare
fish for export without a licence issued under
this Act.
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| Tainted fish
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5. No person shall import, export or have in
possession for export any fish that is tainted,
decomposed or unwholesome, as defined in
the regulations, or any containers that do not
meet the prescribed requirements.
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| Requirements
for vessels
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6. (1) No person shall catch fish from a
vessel for the purpose of marketing it, unless
the vessel meets the prescribed requirements.
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| Transporting
fish for export
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(2) No person shall import or export fish or
convey it to or from a licensed establishment
or a person who holds an export licence unless
the conveyances and equipment used for
loading, unloading, handling, holding or
transporting the fish meet the prescribed
requirements.
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| Export
prohibition
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7. (1) No person who holds a licence issued
under section 9 or 10 shall export or have in
possession for export any fish that does not
meet the requirements of this Act and the
regulations.
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| Presumption
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(2) In any prosecution for an offence under
this section, any fish found in the possession
of the accused in excess of fifty kilograms is
deemed to be for export, in the absence of
evidence to the contrary.
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| Marketing
imported fish
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8. (1) No person shall market or have in
possession to market any fish that has been
imported, or exported from another province,
unless the fish meets the requirements of this
Act and the regulations.
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| Presumption
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(2) In any prosecution for a contravention of
subsection (1), an accused found in possession
of any fish in excess of fifty kilograms is
deemed, in the absence of evidence to the
contrary, to be in possession of the fish for the
purpose of marketing it.
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LICENCES |
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| Plant
operating
licence
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9. (1) The Minister may issue to any person
a plant operating licence to authorize the
person to use an establishment for exporting
fish or preparing it for export.
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| Operation of
licensed
establishment
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(2) No person shall operate a licensed
establishment unless it meets the require
ments of this Act and the regulations.
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| Export licence
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10. (1) The Minister may issue to any
person who does not hold a plant operating
licence a licence to prepare for export or to
export
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| Definition of
fisher-packer
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(2) For the purposes of paragraph (1)(e), a
fisher-packer is a fisher who catches fish and
processes it in an establishment that the fisher
owns or rents, without assistance from any
person employed or engaged by the fisher.
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| Import licence
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11. (1) The Minister may issue to any person
a licence to import fish.
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| Notifying
inspector of
import
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(2) A person who holds an import licence
shall notify an inspector of each importation
of fish at the times and in the form and manner
prescribed and shall not market the fish
without the inspector's approval.
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| Licence
conditions
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12. The Minister may attach any conditions
that the Minister considers necessary to any
licence or exemption permit issued under this
Act.
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| Standard
licence
condition
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13. It is a condition of every licence issued
under section 9 or 10 that all fish in an
establishment operated by the licence holder
are deemed to be for export and are subject to
the application of this Act and the regulations.
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OTHER MINISTERIAL POWERS |
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| Licence
suspension or
revocation
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14. The Minister may refuse to issue a
licence to a person, or may suspend or revoke
a person's licence or vary its terms and
conditions, if the person contravenes
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| Exemption
permits
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15. (1) The Minister may issue a permit to
any person or class of persons exempting them
from the application of any of the provisions
of this Act or the regulations, where the
exemption is necessary in the Minister's
opinion for
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| Evidence of
compliance
with foreign
standards
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(2) Before issuing a permit for the purposes
of paragraph (1)(h), the Minister must be
satisfied, on the basis of evidence from the
government or a trade organization of the
other country, that the fish or containers meet
that country's requirements for import and
that that country consents to the import.
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| Performance
bond
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16. (1) The Minister may require any person
to whom a licence is issued under this Act to
post a performance bond or provide other
security to the Minister that is satisfactory to
the Minister as a guarantee that the person will
comply with this Act, the regulations and the
terms and conditions of the licence.
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| Failure to
comply
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(2) Where a person fails to comply with this
Act, the regulations or the person's licence,
the Minister may enforce the terms of the
performance bond, and any security referred
to in subsection (1) is forfeited to Her Majesty
in right of Canada.
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| Recall order
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17. (1) Where the Minister believes that
exported or imported fish pose a danger to
public health and safety, the Minister may, by
notice served on any person importing, ex
porting or marketing the fish, order the person
to recall it or send it to a place designated by
the Minister.
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| Notification
of order
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(2) An order issued under subsection (1) is
not a statutory instrument for the purposes of
the Statutory Instruments Act, but no person
may be convicted of an offence for contraven
ing the order unless the person was notified of
it.
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| Import
prohibition
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18. The Minister may make regulations
prohibiting the importation of fish that, in the
Minister's opinion, pose a danger to public
health and safety.
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| Information
exchange
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19. The Minister may release any informa
tion to the public or an inspection agency in
Canada or abroad where it is necessary, in the
Minister's opinion, to protect public health
and safety, consumers or the reputation of
Canadian exports of fish.
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| Electronic
information
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20. The Minister may communicate, re
ceive or transmit information under this Act in
electronic form, and the signature of docu
ments in electronic form has the same effect as
a written signature.
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