Incorporation by Reference

Marginal note:Incorporation by reference

52. A regulation made under subsection 51(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

Marginal note:Accessibility

53. The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 51(1), including any amendments to the document, is accessible.

Marginal note:Defence

54. A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 51(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by section 53 or it was otherwise accessible to the person.

Marginal note:No registration or publication

55. For greater certainty, a document that is incorporated by reference in a regulation made under subsection 51(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Interim Orders

Marginal note:Interim orders

• 56. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under subsection 51(1) if he or she believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under subsection 51(1) that has the same effect as the interim order comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention,

  • (a) the person had been notified of the interim order; or

  • (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Statutory Instruments Act

  (4) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

• Marginal note:Presumption

  (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under subsection 51(1) is considered to include interim orders, and any reference to a regulation made under a specified provision of that subsection is considered to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting.

Costs

Marginal note:Recovery

57. Costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection, moving, seizure and detention, forfeiture, disposal, return or release of anything under this Act, constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Limitation on Liability

Marginal note:Her Majesty not liable

58. If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

• (a) for any costs, loss or damage resulting from the compliance; or

• (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

Marginal note:No liability

59. No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

Board of Arbitration

Composition

Marginal note:Board of Arbitration continued

• 60. (1) The Board of Arbitration, continued by subsection 4(1) of the Canada Agricultural Products Act is continued.

• Marginal note:Composition

  (2) The Board of Arbitration consists of the members appointed by the Minister, one of whom is to be appointed as Chairperson and one as Vice-Chairperson.

Marginal note:Tenure

• 61. (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Minister for cause.

• Marginal note:Re-appointment

  (2) Each member may be re-appointed as a member in the same or another capacity.

Marginal note:Absence or incapacity of members

62. If a member is absent or unable to act or the member’s office becomes vacant, the Minister may appoint a qualified person to act in the member’s place and, in the case of the Chairperson, the Vice-Chairperson acts as Chairperson.

Chairperson

Marginal note:Duties of Chairperson

63. The Chairperson is the Board of Arbitration’s chief executive officer and apportions work among its members.

Remuneration and Expenses

Marginal note:Remuneration and expenses

64. Each member is to be paid

• (a) an amount that is fixed by the Treasury Board for each day or part of a day that the member is performing duties and functions unless the member is employed in the federal public administration; and

• (b) in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the member in the course of the performance of the member’s duties and functions.

Staff

Marginal note:Staff and facilities

65. The Minister may provide the Board of Arbitration with any officers and employees from within the federal public administration, and any facilities and professional advisers, that are necessary for the proper conduct of its business.

Role

Marginal note:Role

66. The role of the Board of Arbitration is to hear complaints involving the failure to comply with provisions of this Act or regulations specified in regulations made under paragraph 67(1)(a) or the failure to fulfil obligations specified in those regulations arising from contracts involving food commodities specified in those regulations.

Regulations

Marginal note:Regulations

• 67. (1) The Governor in Council may make any regulations for the Board of Arbitration with respect to the performance of its role, including regulations

  • (a) specifying provisions, obligations and food commodities for the purposes of section 66;

  • (b) specifying who may file a complaint to the Board, against whom a complaint may be filed and the time and manner in which a complaint may be filed;

  • (c) fixing the quorum of the Board;

  • (d) fixing the location of the Board’s head office;

  • (e) specifying that the Board is a court of record;

  • (f) specifying that the Board has sole and exclusive jurisdiction to hear complaints referred to in section 66;

  • (g) setting out the powers, duties and functions of the Board, including

    • (i) any of the powers, rights and privileges of a superior court of record with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction,

    • (ii) the duty to deal with matters that come before the Board as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit,

    • (iii) the power to enter into contracts to assist in the exercise of its powers and the performance of its duties or functions,

    • (iv) the power to determine the location of its sittings,

    • (v) the power to, with the approval of the Governor in Council, make rules governing the work of the Board and the practice and procedure in respect of its hearings,

    • (vi) the power to make orders granting adequate relief, including the payment of compensation and interest, and

    • (vii) the duty to give reasons for its decisions;

  • (h) specifying that the Board is not bound by legal or technical rules of evidence;

  • (i) respecting the review of the Board’s orders; and

  • (j) respecting enforcement of the Board’s orders, including their registration in the Federal Court.

• Marginal note:Restriction — paragraph (1)(h)

  (2) No regulation may be made under paragraph (1)(h) that permits the Board to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

REVIEW

Marginal note:Review

• 68. (1) Five years after the coming into force of this section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

• Marginal note:Report

  (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

TRANSITIONAL PROVISIONS

Marginal note:Definitions

69. The following definitions apply in sections 70 to 72.

“commencement day”

« date d’entrée en vigueur »

“commencement day” means the day on which section 102 comes into force.

“former Tribunal”

« ancienne Commission »

“former Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act.

“new Tribunal”

« nouvelle Commission »

“new Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.