Bill C-64

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First Reading

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	TICKETABLE OFFENCES
Procedure	65. (1) In addition to the procedures set out in the Criminal Code for beginning a proceed ing, an inspector may begin a proceeding in respect of any prescribed offence by
	(a) completing a ticket that consists of a summons portion and an information por tion;
	(b) delivering the summons portion of the ticket to the accused or sending it by registered mail to the accused at the ac cused's latest known address; and
	(c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.
Content of ticket	(2) The summons and information portions of a ticket must
	(a) set out, in the prescribed manner, a description of the offence and the time and place of its alleged commission;
	(b) include a statement, signed by the inspector who completes the ticket, that the inspector has reasonable grounds to believe that the accused committed the offence;
	(c) set out the amount of the fine prescribed for the offence and the manner in which and period within which it may be paid;
	(d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and
	(e) include a statement that, if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.
Notice of forfeiture	(3) Where any fish or container is seized under this Act and proceedings relating to it are begun by way of the ticketing procedure, the inspector who completes the ticket must give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the fish or container or the net proceeds realized from its disposi tion, are forfeited to Her Majesty in right of Canada and may be disposed of by the Minister.
Consequences of payment	66. Where an accused to whom the sum mons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,
	(a) the payment constitutes a plea of guilty to the offence described in the ticket and endorsement of payment on the ticket constitutes a conviction and the imposition of that amount;
	(b) any fish or container seized from the accused under this Act relating to the offence described in the ticket, or the net proceeds from its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of by the Minister; and
	(c) no further order may be made or further action taken against the offender in relation to the offence.
Ticketing regulations	67. The Governor in Council may make regulations for the purpose of implementing sections 65 and 66, including regulations
	(a) designating offences under this Act that may be proceeded against by issuing a ticket and the short-form description of the offence that may be used in the ticket; and
	(b) establishing the amount of the fine for a designated offence for the purposes of proceedings begun by issuing a ticket, up to a maximum of $2,000.
	SENTENCING
Licence sanctions	68. Where a person who holds a licence is convicted of an offence under this Act, the court may, by order,
	(a) cancel the licence or suspend it for any period the court considers appropriate; or
	(b) prohibit the person from applying for a new licence under this Act during any period that the court considers appropriate.
Additional fine	69. Where a person is convicted of an offence under this Act and the court is satisfied that as a result of committing the offence the person acquired monetary benefits, the court may, notwithstanding the maximum amount of any other fine imposed under this Act, order the person to pay an additional fine in an amount equal to the court's finding of the amount of those monetary benefits.
Orders of court	70. (1) Where a person is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make one or more of the following orders:
	(a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
	(b) directing the person to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;
	(c) directing the person to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Minister as a result of the commission of the offence;
	(d) directing the person to perform commu nity service in accordance with the condi tions specified in the order; or
	(e) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct.
Publication	(2) Where a person fails to comply with an order made under paragraph (1)(b), the Minis ter may publish the facts relating to the commission of the offence.
Debt due to Her Majesty	71. (1) The following amounts constitute debts due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction:
	(a) an amount that a person is directed to pay pursuant to an order made under subsection 70(1); and
	(b) costs incurred by the Minister under subsection 70(2) in publishing the facts relating to the commission of an offence.
Extinguish- ment of debts	(2) An unpaid debt referred to in this section is extinguished five years after the day on which it became due.
Suspended sentence	72. (1) Where a person is convicted of an offence under this Act and the court suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order directing the person to comply with any prohibition, direc tion or requirement mentioned in subsection 70(1).
Imposition of sentence	(2) Where a person whose sentence has been suspended fails to comply with an order made under subsection (1) or is convicted, within three years after the day on which the order was made, of another offence under this Act, the court may, on the application of the Attorney General, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
Variation of orders	73. (1) A court that has made an order under subsection 70(1) may, on application by the Attorney General or the person to whom the order applies, after hearing the person and the Attorney General, vary the order in any of the following ways that the court considers ap propriate because of a change in the circum stances of the person since the order was made:
	(a) change the order or any prohibition, direction or requirement mentioned in the order;
	(b) relieve the person, either absolutely or partially and for any period that the court considers appropriate, of compliance with any prohibition, direction or requirement mentioned in the order; or
	(c) extend or decrease the period during which the order remains in force.
Limitation	(2) Where an application has been heard by a court under subsection (1), no other applica tion may be made in respect of the same order except with leave of the court.
Recovery of fines	74. Where a person who is convicted of an offence under this Act does not pay a fine imposed as punishment when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.
Venue	75. 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 is found or is carrying on business.
	EVIDENCE
Certificates and reports	76. (1) In any prosecution for an offence under this Act, a certificate or report of an inspector or an inspector employed by a provincial government or foreign government with which Canada has an offshore inspection arrangement, purporting to have been signed by the inspector and stating the results of the relevant inspection 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.
Copies or extracts	(2) In any prosecution for an offence under this Act, a copy of or an extract from any book, record, electronic data or document, made by an inspector under this Act and appearing to have been certified under the inspector's signature as a true copy or extract is admissi ble in evidence without proof of the signature or official character of the person appearing to have signed the copy or 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.
Notice	(3) No information referred to in subsection (1) may 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 information.
Evidence of identification	77. In any prosecution for an offence under this Act, proof that any fish or its container bore
	(a) a name and address purporting to be that of the person who prepared, imported or marketed the fish, or
	(b) the number of a licence issued under this Act or a registered brand mark purporting to be that of the establishment where the fish was prepared,
	is proof, in the absence of evidence to the con trary, that the fish was prepared by the person or at the establishment whose name, address, licence number, label or registered brand mark appeared on the fish or container.
	REPEAL
Repeal of R.S., c. F-12	78. The Fish Inspection Act is repealed.
	CONDITIONAL AMENDMENTS
Bill C-25	79. If Bill C-25, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, regis tration, publication and parliamentary scru tiny of regulations and other documents, and to make consequential and related amend ments to other Acts, is assented to, then
	(a) on the later of the coming into force of section 25 of that Act and subsection 17(2) of this Act, that subsection is replaced by the following:
Notification of order	(2) An order issued under subsection (1) is not a regulation for the purposes of the Regulations Act, but no person may be convicted of an offence for contravening the order unless the person was notified of it.
	(b) on the later of the coming into force of section 25 of that Act and subsection 28(3) of this Act, that subsection is replaced by the following:
Reference to Scrutiny Committee	(3) Any fee that the Minister fixes stands permanently referred to a committee referred to in section 25 of the Regulations Act to be scrutinized as if it were a regulation.
Bill C-60	80. If Bill C-60, introduced in the second session of the thirty-fifth Parliament and entitled An Act to establish the Canadian Food Inspection Agency and to repeal and amend other Acts as a consequence, is assented to, then
	(a) on the later of the coming into force of section 2 of that Act and subsection 2(1) of this Act, the definitions ``inspector'' and ``Minister'' in that subsection are replaced by the following:
``inspector'' « inspecteur »	``inspector'' means a person designated under subsection 34(1) or under subsection 13(3) of the Canadian Food Inspection Agency Act as an inspector for the enforcement or administration of this Act.
``Minister'' « ministre »	``Minister'' means the member of the Queen's Privy Council for Canada designated by the Governor in Council for the purposes of the Canadian Food Inspection Agency Act.
	(b) on the later of the coming into force of subsection 13(1) of that Act and section 34 of this Act, that section is replaced by the following:
Designation	34. (1) The President of the Canadian Food Inspection Agency may designate any em ployee of that Agency as an inspector and give him or her a badge.
Certificates to be produced	(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 to conduct an inspection under this Act, an inspector must, on request, show his or her badge or certificate to the person in charge of that place.
	(c) on the later of the coming into force of subsection 13(1) of that Act and section 35 of this Act, that section is replaced by the following:
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 President of the Canadian Food Inspection Agency may speci fy limits on those powers in the inspector's certificate of designation.
	(d) on the later of the coming into force of section 17 of that Act and subsection 21(2) of this Act, that subsection is repealed;
	(e) on the later of the coming into force of section 19 of that Act and section 17 of this Act
	(i) section 17 of this Act is repealed, and
	(ii) the portion of section 58 of this Act before paragraph (a) is replaced by the following:
Offences	58. Every person who contravenes section 4, 5, 7 or 8, subsection 41(2) or section 44 is guilty of an offence and liable
	(f) on the later of the coming into force of sections 24 to 27 and 29 of that Act and sections 26 to 30 of this Act, the heading before section 26 and sections 26 to 30 of this Act are repealed.

Bill C-64

TICKETABLE OFFENCES

SENTENCING

EVIDENCE

REPEAL

CONDITIONAL AMENDMENTS