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Bill C-64

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INTELLECTUAL PROPERTY

National trade-marks

21. (1) Every inspection mark and grade name is a trade-mark and the exclusive property in the trade-mark and the right to its use are vested in Her Majesty in right of Canada.

Intellectual property

(2) The Minister may license, sell or otherwise make available any trade-mark, patent, copyright, invention, software, indus trial design or other similar property right vested in Her Majesty under this Act.

Authorized use

22. No person shall, unless authorized by the Minister or the regulations,

    (a) apply an inspection mark or grade name; or

    (b) market or have in possession to market anything to which an inspection mark is applied or in connection with which it is used.

Use of similar mark or grade name

23. No person shall

    (a) apply or use a legend, word, mark, symbol or design that resembles an inspec tion mark or a grade name; or

    (b) market, or possess for the purpose of marketing, any fish to which there is applied or in connection with which there is used a legend, word, mark, symbol or design that resembles an inspection mark or a grade name.

FISH INSPECTION AGREEMENTS

Agreements

24. (1) The Minister may enter into an agreement for the delivery of fish inspection services, or for any project or program related to fish inspection, with another minister, board or agency of the Government of Cana da, with a provincial government or with any other agency, person or organization.

Contents of agreement

(2) An agreement may include provisions establishing

    (a) the obligations and funding arrange ments between the parties; and

    (b) how revenues generated by the service, project or program will be shared or costs recovered.

Financial powers

25. In order to implement an agreement referred to in section 24, the Minister may make grants or contributions to any person and, with the approval of the Minister of Finance, may

    (a) make loans to any person;

    (b) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person; and

    (c) make recoverable advances out of the Consolidated Revenue Fund up to an amount equal to the aggregate of the amounts to be contributed by all parties to the agreement.

FEES

Fees for services or use of facilities

26. (1) Subject to the regulations, the Minister may fix the fees to be paid for a service or the use of a facility provided under this Act.

Amount not to exceed cost

(2) The fees may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Fees for products, rights and privileges

27. Subject to the regulations, the Minister may fix fees in respect of products, rights and privileges provided under this Act.

Consultation

28. (1) Before fixing a fee under section 26 or 27, the Minister must consult with any persons or organizations that the Minister considers to be interested in the matter.

Publication

(2) The Minister must, within 30 days after the date on which the Minister fixes a fee, publish the fee in the Canada Gazette.

Reference to Scrutiny Committee

(3) Any fee that the Minister fixes stands permanently referred to the Committee re ferred to in section 19 of the Statutory Instruments Act to be reviewed and scruti nized as if it were a statutory instrument.

Regulations

29. The Treasury Board may make regula tions for the purposes of sections 26 to 28.

Remission of fees

30. (1) The Minister may remit all or part of any fee fixed under this Act and the interest on it.

Non-payment of fees

(2) If it is consistent with public health and safety in the Minister's opinion, the Minister may

    (a) withdraw or withhold a service, the use of a facility, a product or the conferral of a right or privilege under this Act from any person who fails to pay the fee fixed for it; or

    (b) cancel, suspend or refuse to issue a licence if the person fails to pay the fee fixed for it.

OFFSHORE INSPECTIONS

Offshore inspection arrangements

31. The Minister may enter into an offshore inspection arrangement with one or more foreign governments, government agencies or trade organizations where the Minister is satisfied, based on verification by inspectors,

    (a) that the legal requirements, fish inspec tion systems and infrastructure for prepar ing fish for export in the other country are equivalent to Canada's and that fish ex ported to Canada meets the requirements of this Act and the regulations; or

    (b) that any establishments in the other country meet the requirements of this Act and the regulations for licensed establish ments and that fish exported from those establishments to Canada meets those re quirements.

Contents of arrangements

32. An offshore inspection arrangement may include authority for the Minister to

    (a) issue foreign plant operating licences to persons operating establishments in the other country;

    (b) inspect establishments in the other country and the fish prepared in those establishments;

    (c) establish compliance monitoring and inspection requirements for imports from the other country or from establishments in that country;

    (d) recognize certificates of inspection issued by other countries;

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

    (f) fix fees for foreign plant operating licences or for the recovery of the costs of delivery of offshore inspection services.

Foreign government inspections

33. The Minister may rely on the results of inspections conducted by the inspection agency of a foreign government or foreign trade organization for the purposes of nego tiating or implementing an offshore inspection arrangement or of determining whether fish imported pursuant to an arrangement meet the requirements of this Act and the regulations.

INSPECTION

Designation of inspectors

34. (1) The Minister may designate any person appointed under the Public Service Employment Act as an inspector and give the person a badge and certificate of designation.

Designation of other inspectors

(2) The Minister may designate any person or class of persons as an inspector for the purposes of this Act in relation to any matter referred to in the designation, and must give them a certificate setting out the terms of the designation.

Badge and certificate to be produced

(3) When entering any place to conduct an inspection under this Act, an inspector must, on request, show his or her badge or certificate of designation to the person in charge of that place.

Peace officer powers

35. For the purposes of this Act and the regulations, inspectors designated under sub section 34(1) have all the powers of a peace officer under the Criminal Code and the protections provided for peace officers by section 25 of that Act, but the Minister may specify limits on those powers in the inspec tor's certificate of designation.

Designation of methods and equipment

36. (1) The Minister may designate meth ods and equipment to be used by inspectors in carrying out their duties and functions under this Act and the regulations.

Accredited laboratories

(2) The Minister may accredit, or engage the services of a laboratory accreditation or standards organization to accredit, private or government laboratories or any other place for use in grading, testing, analyses or experi ments in science conducted for the purpose of carrying out inspections under this Act.

Exemptions for inspectors

37. The Minister may, subject to any conditions that the Minister considers neces sary, exempt inspectors designated under subsection 34(1) from the application of any provision of this Act or the regulations.

Powers of inspectors

38. (1) An inspector may enter and inspect any place, including a conveyance, in which the inspector believes on reasonable grounds there is any fish or other thing in respect of which this Act or the regulations apply and may

    (a) open any container that the inspector believes contains fish;

    (b) restrict the movement of the fish until the inspector is satisfied that it meets the requirements of this Act and the regula tions;

    (c) examine any fish or other thing that the inspector finds and take and dispose of samples free of charge;

    (d) conduct any tests or analyses or take any measurements;

    (e) examine any books, records, personal identification, electronic data or documents that the inspector believes contain any information that is relevant to the adminis tration of this Act or the regulations; and

    (f) administer oaths and take and receive affidavits, declarations and solemn affirma tions.

Conveyance

(2) An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out.

Entry of imports into Canada

39. An inspector may, on receipt of notifica tion of an importation under subsection 11(2),

    (a) direct the importer to take the fish to any place for inspection;

    (b) direct the importer to take the fish to a licensed establishment or any other place for processing; or

    (c) allow the fish to be marketed anywhere in Canada, if it does not require inspection or processing.

Seizure of fish

40. An inspector may seize fish or any other thing that the inspector believes on reasonable grounds was obtained by or used in commit ting an offence under this Act or that affords evidence of such an offence.

Inspection certificate

41. (1) An inspector may issue an inspection certificate in a form satisfactory to the Minis ter certifying that any fish meets the require ments of this Act and the regulations.

Offence

(2) No person shall forge, alter or tamper with an inspection certificate.

Provincial inspection results

42. In determining whether fish or estab lishments meet the requirements of this Act and the regulations, inspectors may rely on the results of inspections of fish or establishments conducted by an inspection agency of a provincial or municipal government or a trade organization.

Duty to assist

43. (1) The owner or person in charge of a place, including a conveyance, that is in spected and every person found in the place shall

    (a) give the inspector all reasonable assis tance to enable the inspection to be carried out; and

    (b) provide any information relevant to the administration of this Act or the regulations that the inspector may request.

Operation of computer and copying equipment

(2) In conducting an inspection, an inspec tor may

    (a) use any computer or data processing system at the place to examine any data;

    (b) reproduce any record from the data; and

    (c) use any copying equipment at the place to make copies of any books, records, electronic data or documents.

Obstruction of inspectors

44. (1) No person shall obstruct or hinder or make any false or misleading statement to an inspector who is carrying out duties or func tions under this Act.

Interference

(2) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with fish or other things seized or restricted under this Act.

Reinspection

45. Any person who is dissatisfied with the decision of an inspector under this Act may request a reinspection in accordance with the regulations.

Warrant required to enter dwelling-
house

46. (1) An inspector may not enter a dwelling-house without the consent of the occupant except under the authority of a warrant.

Authority to issue warrant

(2) On an ex parte application, a provincial court judge or a justice of the peace may issue a warrant, subject to any conditions specified in it, authorizing an inspector or peace officer named in the warrant to enter a dwelling- house, if the judge or justice is satisfied by information on oath

    (a) that the conditions for entry described in subsection 38(1) exist in relation to the dwelling-house;

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

    (c) that entry has been refused or that there are reasonable grounds for believing that it will be refused.

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