Safe Food for Canadians Act (S.C. 2012, c. 24)
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Assented to 2012-11-22
1997, c. 6Canadian Food Inspection Agency Act
103. Subsections 11(1) and (2) of the Canadian Food Inspection Agency Act are replaced by the following:
Marginal note:Administration and enforcement
11. (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Feeds Act, Fertilizers Act, Health of Animals Act, Plant Breeders’ Rights Act, Plant Protection Act, Safe Food for Canadians Act and Seeds Act.
104. The heading before section 19 of the English version of the Act is replaced by the following:
RECALLS
105. The Act is amended by adding the following after section 19:
Marginal note:Regulations
19.1 The Governor in Council may make regulations respecting the recall of products regulated under an Act or provision that the Agency enforces or administers by virtue of section 11.
REVIEW OF CERTAIN MEASURES
Marginal note:Review officer
19.2 The Minister may designate as review officers any individual or class of individuals that are qualified to conduct reviews under section 19.3.
Marginal note:Request for review
19.3 (1) On the request of a prescribed person in relation to a prescribed decision made under an Act or provision that the Agency enforces or administers by virtue of section 11, a review officer must conduct a review of the decision in the prescribed manner subject to the regulations and the other provisions of this section.
Marginal note:Contents of request
(2) The request must be made in the prescribed manner, contain the prescribed information and be made in the prescribed time after the making of the decision.
Marginal note:Ineligibility
(3) The review officer must be a person other than the one who made the decision.
Marginal note:Restriction
(4) The review is restricted to questions of fact alone or questions of mixed law and fact.
Marginal note:No authority to review
(5) The review is not to be conducted if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
Marginal note:Reasons for refusal
(6) If subsection (5) applies, the person who made the request is to be, without delay, notified in writing of the reasons for the review not being conducted.
Marginal note:Decision not stayed
(7) The conduct of the review does not stay the decision unless the review officer decides otherwise.
Marginal note:Decision on completion of review
(8) On completion of the review, the review officer must confirm, vary or cancel the decision.
Marginal note:Notice
(9) The person who made the request must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (8).
Marginal note:Regulations
(10) The Governor in Council may make regulations prescribing anything that by this section is to be prescribed.
2002, c. 28Pest Control Products Act
106. Subsection 55(2) of the Pest Control Products Act is replaced by the following:
Marginal note:Forfeiture by court order
(2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that a pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, unless the product or thing has been returned to its owner or another person.
2005, c. 38Canada Border Services Agency Act
107. Paragragh (b) of the definition “program legislation” in section 2 of the Canada Border Services Agency Act is replaced by the following:
(b) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act;
108. Paragraph 9(2)(b) of the Act is replaced by the following:
(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.
COORDINATING AMENDMENTS
Marginal note:1998, c. 22
109. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998.
(2) On the first day on which both section 97 of this Act is in force and subsection 28(1) of the other Act has produced its effects, the long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act(3) On the first day on which both section 98 of this Act is in force and subsection 28(2) of the other Act has produced its effects, the definition “agri-food Act” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
“agri-food Act”
« loi agroalimentaire »
“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Canada Grain Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;
Marginal note:Bill C-38
110. (1) Subsections (2) to (5) apply if Bill C-38, introduced in the 1st session of the 41th Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 512(2) of the other Act comes into force before subsection 94(2) of this Act, then
(a) that subsection 94(2) is deemed never to have come into force and is repealed; and
(b) paragraph 64(1)(z.3.1) of the Health of Animals Act is replaced by the following:
(z.31) requiring persons to provide to the Minister or any other person authorized by the Minister, in the form and manner that the Minister or other person, as the case may be, directs, information in relation to animals or things to which this Act or the regulations apply, including information in respect of their movements, events in relation to them and places where they are or were located;
(z.32) governing the identification of places in respect of which information is to be provided under regulations made under paragraph (z.31);
(z.33) prohibiting or governing the use or disclosure of information provided under regulations made under any of paragraphs (y) to (z.1) and (z.31);
(3) If the other Act receives royal assent before January 1, 2013 and subsection 94(2) of this Act comes into force before that date, then subsection 512(2) of the other Act is repealed.
(4) If the other Act receives royal assent after December 31, 2012 and subsection 94(2) of this Act comes into force before that date, then subsection 512(2) of the other Act is deemed never to have come into force and is repealed.
(5) If subsection 512(2) of the other Act and subsection 94(2) of this Act come into force on the same day, then subsection 512(2) of the other Act is deemed never to have come into force and is repealed.
COMING INTO FORCE
Marginal note:Order in council
111. This Act, except sections 73, 94, 109 and 110, comes into force on a day to be fixed by order of the Governor in Council.
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