SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Agricultural Growth Act.

1990, c. 20PLANT BREEDERS’ RIGHTS ACT

• 2. (1) The definition “protective direction” in subsection 2(1) of the Plant Breeders’ Rights Act is repealed.

• (2) The definitions “agreement country”, “breeder”, “category”, “country of the Union”, “infringement”, “new variety”, “plant breeder’s rights” and “plant variety” in subsection 2(1) of the Act are replaced by the following:

  “agreement country”

  « pays signataire »

  “agreement country” means any of the following entities that is designated by the regulations as an agreement country with a view to the fulfilment of an agreement concerning the rights of plant breeders made between Canada and that entity:

  • (a) a country,

  • (b) a colony, protectorate or territory subject to the authority of another country or under its suzerainty,

  • (c) a territory over which another country exercises a mandate or trusteeship;

  “breeder”

  « obtenteur »

  “breeder”, in respect of a plant variety, means

  • (a) any person who originates or who discovers and develops the plant variety, or

  • (b) any person in respect of whom an officer, servant or employee, while acting within the scope of his or her duties as the officer, servant or employee of that person, originates or discovers and develops the plant variety;

  “category”

  « catégorie »

  “category” means, in relation to a plant, a species, a grouping of species or any class within a species;

  “country of the Union”

  « État de l’Union »

  “country of the Union” means any country or other entity that is a party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as amended from time to time, or any WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;

  “infringement”

  « violation »

  “infringement”, in relation to plant breeder’s rights, means the doing, without authority under this Act, of anything that the holder of those rights has the right to do under any of sections 5 to 5.2;

  “new variety”

  « obtention végétale »

  “new variety” means a plant variety that is described in subsection 4(3);

  “plant breeder’s rights”

  « certificat d’obtention »

  “plant breeder’s rights”, in relation to a plant variety, means the rights that are granted under section 27;

  “plant variety”

  « variété végétale »

  “plant variety” means any plant grouping within a single botanical taxon of the lowest known rank that, whether or not the conditions for the grant of plant breeder’s rights are fully met, is capable of being

  • (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,

  • (b) distinguished from any other plant grouping by the expression of at least one of those characteristics, and

  • (c) considered as a unit with regard to its suitability for being reproduced unchanged;

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “document”

  « document »

  “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;

  “filing date”

  « date de dépôt »

  “filing date” means, in respect of an application, the date specified in the notice given under subsection 10(2);

  “person”

  « personne »

  “person” has the same meaning as in section 2 of the Criminal Code;

• (4) Subsection 2(2) of the Act is repealed.

3. Section 4 of the Act and the heading before it are replaced by the following:

4. The heading before section 5 of the French version of the Act is replaced by the following:

5. Sections 5 and 6 of the Act are replaced by the following:

6. Sections 7 and 8 of the Act are replaced by the following:

7. Sections 9 to 11 of the Act are replaced by the following:

8. Subsection 12(1) of the Act is replaced by the following:

9. The heading before section 14 of the Act is replaced by the following:

• 10. (1) Subsection 14(1) of the Act is replaced by the following:

  Marginal note:Designation of denominations

  • 14. (1) A plant variety in respect of which an application for the grant of plant breeder’s rights is made shall be designated by means of a denomination proposed by the applicant and approved by the Commissioner.

• (2) Subsection 14(4) of the Act is replaced by the following:

  • Marginal note:International uniformity of denomination

    (4) A denomination that the Commissioner approves for any plant variety in respect of which protection has been granted by, or an application for protection has been submitted to, the appropriate authority in a country of the Union or an agreement country must, subject to subsections (2), (3) and (5), be the same as the denomination with reference to which that protection has been granted or that application submitted.

11. Section 15 of the Act is replaced by the following:

12. The Act is amended by adding the following after section 16:

13. Subsection 17(1) of the Act is replaced by the following:

14. Sections 18 to 21 of the Act are replaced by the following:

Marginal note:1995, c. 1, s. 52

• 15. (1) Subsection 22(1) of the Act is replaced by the following:

  Marginal note:Making objection to application

  • 22. (1) A person who considers that an application in respect of which particulars have been published under section 70 ought to be refused on any ground that constitutes a basis for rejection under section 17 or that a request in the application for an exemption from compulsory licensing ought to be refused, may, on payment of the prescribed fee, file with the Commissioner, within the prescribed period beginning on the date of publication, an objection specifying that person’s reasons. The prescribed fees are not required in the case of an objection made for the purpose of this subsection under the authority of the Minister of Industry after notice under subsection 70(2).

• (2) Subsection 22(2) of the French version of the Act is replaced by the following:

  • Marginal note:Copie de l’opposition

    (2) Dans les meilleurs délais après le dépôt d’une opposition autre que celle qu’il rejette au titre du paragraphe (3), le directeur adresse à la personne ayant déposé la demande de certificat d’obtention en cause copie de l’opposition.

• (3) Subsection 22(4) of the Act is replaced by the following:

  • Marginal note:Representations by objector and applicant

    (4) If the objection is not rejected in accordance with subsection (3), the Commissioner shall give the person making the objection and the person in respect of whose application the objection is filed a reasonable opportunity to make representations with respect to the objection and shall take those representations into account before making the decision to refuse the application or to grant plant breeder’s rights with or without an exemption from compulsory licensing.

• 16. (1) Subsection 23(2) of the Act is replaced by the following:

  • Marginal note:Tests and trials

    (2) For the purpose of determining if the plant variety to which the application relates meets the requirements set out in section 4, the Commissioner shall require the performance of any tests and trials with the plant variety, under any conditions, as the Commissioner considers necessary.

• (2) The portion of subsection 23(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Fee and materials

    (3) The person on whose part material is submitted for consideration under subsection (1) shall, without prejudice to the requirements of subsection 9(1) and at the time and place that the Commissioner directs,

• (3) Paragraph 23(3)(a) of the French version of the Act is replaced by the following:

  • a) acquitter les droits réglementaires pour l’examen de sa demande;

• (4) Subsection 23(3) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

  • (b) provide any of the following that the Commissioner considers necessary for the purposes of carrying out or evaluating the results of tests and trials with the plant variety in question:

    • (i) propagating materials,

    • (ii) information, whether by way of photographs, drawings, documentation or otherwise, respecting the plant variety, and

    • (iii) specimens of the plant variety or of parts of it; and

  • (c) provide any prescribed information, documents or materials.

17. Subsection 24(1) of the Act is replaced by the following:

18. Section 26 of the French version of the Act is replaced by the following:

• 19. (1) Subsections 27(1) to (3) of the Act are replaced by the following:

  Marginal note:Decision of Commissioner

  • 27. (1) If the Commissioner approves a denomination proposed by an applicant under section 14 and, after consideration of the application in accordance with subsection 23(1) and evaluation of the results of any tests and trials carried out with the plant variety to which the application relates, the Commissioner is satisfied that the plant variety meets the requirements set out in section 4 and that the application otherwise conforms to this Act, the Commissioner shall grant plant breeder’s rights in accordance with subsection (3).

  • Marginal note:Refusal

    (2) If the Commissioner is not satisfied as described in subsection (1), the Commissioner shall refuse the application.

  • Marginal note:Request for exemption

    (2.1) In the case where the applicant for plant breeder’s rights has requested that those rights be exempted from compulsory licensing under subsection 32(1), the Commissioner may, at the time of the grant of those rights, approve that request if the Commissioner is satisfied with the reasons given by the applicant for that request.

  • Marginal note:Rights granted by issuance of certificate

    (3) The Commissioner shall, on payment of the prescribed fee,

    • (a) enter in the register the particulars required by section 63 in relation to the plant variety in respect of which the plant breeder’s rights are to be granted; and

    • (b) make the grant by issuing a certificate of plant breeder’s rights in respect of the plant variety to the applicant.

• (2) Subsection 27(5) of the Act is replaced by the following:

  • Marginal note:Destroyed or lost certificates

    (5) If a certificate of plant breeder’s rights issued under paragraph (3)(b) is destroyed or lost, a certified copy may be issued in lieu of that certificate on payment of the prescribed fee.

20. Sections 28 and 29 of the Act are replaced by the following:

21. Paragraph 30(1)(a) of the Act is replaced by the following:

• 22. (1) Subsection 32(1) of the Act is replaced by the following:

  Marginal note:Grant of compulsory licences

  • 32. (1) Subject to subsections (2) to (6) and the regulations and if the Commissioner considers that it is appropriate to do so, the Commissioner may, on application by any person, authorize the doing of any act described in any of paragraphs 5(1)(a) to (g) by granting the person a compulsory licence.

• (2) Subsections 32(4) and (5) of the French version of the Act are replaced by the following:

  • Marginal note:Modification et révocation de la licence

    (4) Le directeur peut modifier ou révoquer la licence obligatoire à la suite des observations que lui présente toute personne intéressée.

  • Marginal note:Observation : cas de préjudice

    (5) Avant d’accepter ou de rejeter une demande de licence obligatoire, d’en fixer les modalités, ou encore de la modifier ou de la révoquer, le directeur doit accorder aux personnes intéressées qui subiront un préjudice de ce fait la possibilité de présenter leurs observations conformément à l’avis qu’il estime utile de leur donner.

23. Section 34 of the Act is replaced by the following:

• 24. (1) Paragraph 35(1)(c) of the Act is replaced by the following:

  • (c) their holder has failed to comply with a direction under section 16.1 to change the denomination of the plant variety to which the rights relate;

• (2) Paragraph 35(1)(d) of the French version of the Act is replaced by the following:

  • d) n’a pas acquitté, dans le délai réglementaire, les droits prévus au paragraphe 6(2);

• (3) Paragraph 35(1)(e) of the Act is replaced by the following:

  • (e) the plant variety which is the subject of those rights no longer meets the conditions described in paragraph 4(2)(c) or (d).

• (4) Subsection 35(2) of the Act is repealed.

25. Section 36 of the French version of the Act is replaced by the following:

26. Subsection 38(2) of the French version of the Act is replaced by the following:

27. Subsection 39(1) of the Act is replaced by the following:

• 28. (1) Subsection 41(1) of the French version of the Act is replaced by the following:

  Marginal note:Violation des droits

  • 41. (1) Toute personne qui porte atteinte aux droits du titulaire d’un certificat d’obtention est responsable, envers lui et tout ayant droit, du préjudice subi par lui ou cet ayant droit; sauf entente contraire, le titulaire est partie à toute action visant le recouvrement des dommages.

• (2) Paragraph 41(2)(a) of the French version of the Act is replaced by the following:

  • a) restreindre toute utilisation, production ou vente de la variété végétale en cause et fixer la peine en cas de contravention;

• 29. (1) Subsection 43(2) of the French version of the Act is replaced by the following:

  • Marginal note:Compétence de la Cour fédérale : registre

    (2) Sous réserve de l’article 44, la Cour fédérale a compétence exclusive en première instance, sur demande du directeur ou de toute personne intéressée, pour ordonner la suppression au registre, ou la modification, de toute inscription non conforme aux exigences de l’article 63.

• (2) The portion of subsection 43(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Annulation par la Cour fédérale

    (3) Sous réserve de l’article 44, la Cour fédérale peut, sur demande du procureur général du Canada ou de toute personne intéressée, annuler un certificat d’obtention dans les cas suivants :

• (3) Paragraphs 43(3)(a) to (c) of the Act are replaced by the following:

  • (a) a condition specified in paragraph 4(2)(a) or (b) was not fulfilled; or

  • (b) the holder has not complied with paragraph 30(1)(a).

• (4) Subsection 43(4) of the French version of the Act is replaced by the following:

  • Marginal note:Déclaration

    (4) Toute personne qui a des motifs valables de croire que le titulaire alléguera en l’occurrence une violation de ses droits peut, sous réserve du paragraphe (5), demander à la Cour fédérale de statuer par déclaration sur la question de savoir si la mesure qu’il a prise ou entend prendre constitue effectivement une violation.

30. The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:

31. Paragraphs 46(a) to (c) of the Act are replaced by the following:

32. Section 47 of the French version of the Act is replaced by the following:

Marginal note:2002, c. 8, s. 158

33. Subsection 49(1) of the French version of the Act is replaced by the following:

• 34. (1) Paragraph 50(1)(b) of the Act is replaced by the following:

  • (b) determining whether or not annulment of the grant of plant breeder’s rights is required by section 13;

• (2) Paragraph 50(1)(d) of the French version of the Act is replaced by the following:

  • d) la modification d’une telle licence, notamment le prolongement de sa durée, sa révocation ou son assujettissement à des restrictions;

35. Subsection 51(1) of the Act is replaced by the following:

36. Section 52 of the French version of the Act is replaced by the following:

• 37. (1) The portion of subsection 53(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Secrecy

  • 53. (1) Every person commits an offence who knowingly discloses any information with regard to any variety in respect of which an application for plant breeder’s rights is made or with regard to the business affairs of the applicant that was acquired by that person in performing any functions under this Act except if the information is disclosed

• (2) The portion of subsection 53(2) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Infractions : dénomination et vente

    (2) Commet une infraction la personne qui, sciemment :

• (3) Paragraph 53(2)(a) of the English version of the Act is replaced by the following:

  • (a) knowingly contravenes section 15;

• (4) The portion of paragraph 53(2)(b) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (b) for the purpose of selling any propagating material, knowingly designates the material by reference to

• (5) Paragraph 53(2)(c) of the Act is replaced by the following:

  • (c) knowingly, for the purpose of selling any propagating material, represents falsely that the material is propagating material of, or is derived from, a plant variety in respect of which plant breeder’s rights are held or have been applied for.

• (6) The portion of subsection 53(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Infractions : faux

    (3) Commet une infraction la personne qui, sciemment, dans le cadre de l’application de la présente loi :

• Marginal note:1997, c. 6, s. 76(1)

  (7) Subsections 53(7) and (8) of the Act are replaced by the following:

  • Marginal note:Limitation period

    (7) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the day on which the subject matter of the prosecution becomes known to the Commissioner.

  • Marginal note:Commissioner’s certificate

    (8) A document purporting to have been issued by the Commissioner, certifying the day on which the subject matter of any prosecution became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

38. Section 54 of the French version of the Act is replaced by the following:

Marginal note:1997, c. 6, s. 78

39. Subsection 56(4) of the Act is replaced by the following:

40. Subsection 60(1) of the English version of the Act is replaced by the following:

• 41. (1) The portion of section 63 of the Act before paragraph (c) is replaced by the following:

  Marginal note:Register

  63. The Commissioner shall keep a register of plant breeders’ rights and, subject to the payment of any fee required under this Act to be paid in the case of any entry in the register, the Commissioner shall enter in it

  • (a) in relation to each plant variety that is the subject of those rights, the prescribed category to which it belongs;

  • (b) the denomination of the variety, and any change to that denomination;

• (2) Paragraph 63(h) of the Act is replaced by the following:

  • (h) the prescribed particulars of each application for the grant of plant breeder’s rights and of any abandonment or withdrawal of the application; and

42. Subsection 64(2) of the French version of the Act is replaced by the following:

43. Section 65 of the French version of the Act is replaced by the following:

44. Paragraph 66(1)(a) of the English version of the Act is replaced by the following:

• 45. (1) Subsection 67(2) of the Act is replaced by the following:

  • Marginal note:Public accessibility

    (2) The Commissioner shall make the following accessible to the public on the Internet and, if the Commissioner considers it appropriate, by any other means:

    • (a) the register;

    • (b) the index; and

    • (c) any documents referred to in subsection (1) that are prescribed and any other documents that should, in the Commissioner’s opinion, be made accessible to the public.

• (2) Subsection 67(4) of the Act is repealed.

46. Paragraph 68(1)(b) of the French version of the Act is replaced by the following:

• 47. (1) Paragraphs 70(1)(c) and (d) of the Act are repealed.

• (2) Paragraph 70(3)(b) of the Act is replaced by the following:

  • (b) a notice of every annulment under section 34 or revocation under section 35.

48. Subsection 72(2) of the French version of the Act is replaced by the following:

49. Subsection 73(2) of the French version of the Act is replaced by the following:

• 50. (1) Paragraph 75(1)(a) of the Act is replaced by the following:

  • (a) fixing the fees that a person may be required to pay in respect of any services provided by the Commissioner or by any person authorized by the Commissioner and providing for the time and manner in which the fees are to be paid and the circumstances in which the fees may be refunded in whole or in part;

• (2) Paragraphs 75(1)(c) and (d) of the Act are replaced by the following:

  • (c) defining the meanings of the words and expressions “commercially acceptable”, “description”, “designation”, “identifiable characteristics”, “reasonably priced”, “recently prescribed category”, “representations”, “tree”, “vine” and “widely distributed” for the purposes of this Act;

  • (c.1) prescribing, for the purposes of paragraph 5(1)(b), any acts that are to be considered as the conditioning of propagating material;

  • (c.2) specifying categories for the purposes of subsection 6(1);

  • (d) respecting the publication in the Trade Marks Journal of information relating to proposals, approvals and changes of denominations;

• (3) Paragraph 75(1)(f) of the Act is replaced by the following:

  • (f) designating any entity as an agreement country for the purposes of any of the provisions of this Act or the regulations, with a view to the fulfilment of an agreement concerning the rights of plant breeders made between Canada and that entity, and, despite anything in this Act, qualifying or restricting any rights or other benefits under this Act;

• (4) Paragraphs 75(1)(k) and (l) of the Act are replaced by the following:

  • (k) respecting the granting of plant breeder’s rights with an exemption, under subsection 27(2.1), from compulsory licensing, including the circumstances in which the exemption may be given or revoked by the Commissioner, the terms and conditions on which the exemption may be given and the factors that are to be taken into account before the exemption is revoked;

  • (l) prescribing

    • (i) the information to be entered in, and the forms of, the register, the index, applications for plant breeders’ rights and any other record, instrument or document to be kept, made or used for the purposes of this Act, and

    • (ii) the means, factors or criteria for determining whether the existence of a plant variety is a matter of common knowledge for the purposes of paragraph 4(2)(b) or section 62;

  • (l.1) respecting any classes of farmers or plant varieties to which subsection 5.3(2) is not to apply;

  • (l.2) respecting the use of harvested material under subsection 5.3(2), including any circumstances in which that use is restricted or prohibited and any conditions to which that use is subject;

• (5) Subsection 75(2) of the French version of the Act is replaced by the following:

  • Marginal note:Publication préalable des règlements

    (2) Sous réserve du paragraphe (3), les projets de règlement sont publiés dans la Gazette du Canada, les personnes intéressées se voyant accorder la possibilité de présenter leurs observations à cet égard.

51. The heading before section 79 and sections 79 to 81 of the Act are replaced by the following:

R.S., c. F-9FEEDS ACT

52. The long title of the Feeds Act is replaced by the following:

• 53. (1) The definitions “livestock” and “sell” in section 2 of the Act are replaced by the following:

  “livestock”

  « animaux de ferme »

  “livestock” means any animals designated by regulation as livestock for the purposes of this Act;

  “sell”

  « vente »

  “sell” includes agree to sell, offer for sale, expose for sale or have in possession for sale or distribute to one or more persons;

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  “conveyance”

  « véhicule »

  “conveyance” means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container;

  “document”

  « document »

  “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;

  “environment”

  « environnement »

  “environment” means the components of the Earth and includes

  • (a) air, land and water,

  • (b) all layers of the atmosphere,

  • (c) all organic and inorganic matter and living organisms, and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c);

  “establishment”

  « établissement »

  “establishment” means any place, including a conveyance, where a feed is manufactured, stored, packaged or labelled;

  “inspection mark”

  « sceau d’inspection »

  “inspection mark” means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things;

  “item to which this Act applies”

  « chose visée par la présente loi »

  “item to which this Act applies” means

  • (a) a feed,

  • (b) anything used in an activity regulated under this Act, and

  • (c) a document that is related to a feed or to any activity regulated under this Act;

• 54. (1) Paragraph 3(1)(a) of the Act is replaced by the following:

  • (a) has, in accordance with the regulations, been approved by the Minister or registered;

• (2) Paragraph 3(1)(c) of the English version of the Act is replaced by the following:

  • (c) is packaged and labelled in accordance with the regulations.

• (3) Subsection 3(3) of the Act is replaced by the following:

  • Marginal note:Feed presenting risk of harm

    (3) No person shall manufacture, sell, import or export in contravention of the regulations any feed that presents a risk of harm to human or animal health or the environment.

55. Section 4 of the Act is replaced by the following:

• 56. (1) Paragraph 5(a) of the Act is replaced by the following:

  • (a) respecting applications for registration or for approval of feeds and the information to be furnished with the applications;

• (2) Paragraphs 5(c) and (d) of the Act are replaced by the following:

  • (b.1) respecting the approval of feeds;

  • (c) respecting the duration and cancellation of the registration or approval of feeds;

  • (c.1) respecting the manufacturing, sale, importation or exportation of any feed that presents a risk of harm to human or animal health or the environment;

  • (c.2) respecting the sending or conveying from one province to another or the importation or exportation of any feed;

  • (c.3) respecting the manufacturing or sale of any feed that is to be exported or to be sent or conveyed from one province to another;

  • (c.4) respecting the sale of any feed that has been imported;

  • (d) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of a feed, from the application of this Act or the regulations or a provision of this Act or the regulations;

• (3) Section 5 of the Act is amended by adding the following after paragraph (e):

  • (e.1) prescribing standards for the manufacturing or the safety of feeds;

  • (e.2) prescribing inspection marks in respect of any feeds and regulating their application or use;

• (4) Section 5 of the Act is amended by adding the following after paragraph (g):

  • (g.1) requiring persons to take or keep samples of any feed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

• (5) Section 5 of the Act is amended by adding the following after paragraph (h):

  • (h.1) respecting

    • (i) the registration of persons or the issuing of licences to persons under section 5.2 or the registration of establishments under section 5.3,

    • (ii) the suspension, cancellation and renewal of those licences and registrations, and

    • (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 5.2(3) or 5.3(4);

  • (h.2) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

• (6) Paragraph 5(i) of the English version of the Act is replaced by the following:

  • (i) designating specific animals, including birds, as livestock for the purposes of this Act;

• (7) Section 5 of the Act is amended by adding the following after paragraph (k):

  • (k.1) respecting the evaluation of a feed, including regulations respecting

    • (i) the provision of samples of the feed,

    • (ii) the provision of information in respect of the feed, including information that

      • (A) permits the feed to be distinguished from other feeds, and

      • (B) is required for evaluating the potential impact of the feed on, and the risk of harm posed by the feed to, human and animal health and the environment, and

    • (iii) the evaluation of the potential impact of the feed on, and the risk of harm posed by the feed to, human and animal health and the environment;

  • (k.2) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (k.3) respecting the issuance of certificates or other documents for the purpose of section 5.5;

• (8) Section 5 of the Act is renumbered as subsection 5(1) and is amended by adding the following:

  • Marginal note:Paragraphs (1)(c.1) and (c.2)

    (2) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things, establish preclearance or in-transit requirements for any imported feed or anything imported with it.

  • Marginal note:Paragraph (1)(k.2)

    (3) Regulations made under paragraph (1)(k.2) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a feed presents a risk of harm to human or animal health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

57. The Act is amended by adding the following after section 5:

Marginal note:R.S., c. 31 (1st Supp.), s. 8(1)

• 58. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of inspectors

  • 7. (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

• (2) Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) remove anything from that place for the purpose of examination, conducting tests or taking samples.

• (3) Section 7 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Provision of documents, information or samples

    (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

59. Subsection 9(2) of the Act is replaced by the following:

60. The Act is amended by adding the following after section 9:

Marginal note:1995, c. 40, s. 48

• 61. (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Offences

  • 10. (1) Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of

• Marginal note:1997, c. 6, s. 47(1)

  (2) Subsections 10(2) to (5) of the Act are replaced by the following:

  • Marginal note:Parties to offence

    (2) If a person other than an individual commits an offence under subsection (1), any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

  • Marginal note:Proof of offence

    (3) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

  • Marginal note:Limitation period

    (4) Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.

R.S., c. F-10FERTILIZERS ACT

62. The long title of the Fertilizers Act is replaced by the following:

63. Section 2 of the Act is amended by adding the following in alphabetical order:

• 64. (1) Paragraph 3(a) of the Act is replaced by the following:

  • (a) has, in accordance with the regulations, been approved by the Minister or registered;

• (2) Paragraph 3(c) of the English version of the Act is replaced by the following:

  • (c) is packaged and labelled in accordance with the regulations.

65. The Act is amended by adding the following after section 3:

• 66. (1) Paragraph 5(1)(a) of the Act is replaced by the following:

  • (a) respecting applications for registration or for approval of fertilizers or supplements and the information to be furnished with the applications;

• (2) Paragraphs 5(1)(c) and (d) of the Act are replaced by the following:

  • (b.1) respecting the approval of fertilizers and supplements;

  • (c) respecting the duration and cancellation of the registration or approval of fertilizers and supplements;

  • (c.1) respecting the manufacturing, sale, importation or exportation of any fertilizer or supplement that presents a risk of harm to human, animal or plant health or the environment;

  • (c.2) respecting the sending or conveying from one province to another or the importation or exportation of any fertilizer or supplement;

  • (c.3) respecting the manufacturing or sale of any fertilizer or supplement that is to be exported or to be sent or conveyed from one province to another;

  • (c.4) respecting the sale of any fertilizer or supplement that has been imported;

  • (d) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of a fertilizer or supplement, from the application of this Act or the regulations or a provision of this Act or the regulations;

• (3) Subsection 5(1) of the Act is amended by adding the following after paragraph (f):

  • (f.1) respecting the evaluation of a fertilizer or supplement, including regulations respecting

    • (i) the provision of samples of the fertilizer or supplement,

    • (ii) the provision of information in respect of the fertilizer or supplement, including information that

      • (A) permits the fertilizer or supplement to be distinguished from other fertilizers or supplements, and

      • (B) is required for evaluating the potential impact of the fertilizer or supplement on, and the risk of harm posed by the fertilizer or supplement to, human, animal or plant health or the environment, and

    • (iii) the evaluation of the potential impact of the fertilizer or supplement on, and the risk of harm posed by the fertilizer or supplement to, human, animal or plant health or the environment;

• (4) Subsection 5(1) of the Act is amended by adding the following after paragraph (g):

  • (g.1) requiring persons to take or keep samples of any fertilizer or supplement, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

• (5) Subsection 5(1) of the Act is amended by adding the following after paragraph (h):

  • (h.1) respecting

    • (i) the registration of persons or the issuing of licences to persons under section 5.2 or the registration of establishments under section 5.3,

    • (ii) the suspension, cancellation and renewal of those licences and registrations, and

    • (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 5.2(3) or 5.3(4);

  • (h.2) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

• (6) Subsection 5(1) of the Act is amended by adding the following after paragraph (j):

  • (j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (j.2) respecting the issuance of certificates or other documents for the purpose of section 5.5;

• (7) Section 5 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Paragraphs (1)(c.1) and (c.2)

    (1.1) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things, establish preclearance or in-transit requirements for any imported fertilizer or supplement or anything imported with it.

  • Marginal note:Paragraph (1)(j.1)

    (1.2) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a fertilizer or supplement presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

67. The Act is amended by adding the following after section 5:

Marginal note:R.S., c. 31 (1st Supp.), s. 9(1)

• 68. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of inspectors

  • 7. (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

• (2) Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) remove anything from that place for the purpose of examination, conducting tests or taking samples.

• (3) Section 7 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Provision of documents, information or samples

    (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

69. Subsection 9(2) of the Act is replaced by the following:

70. The Act is amended by adding the following after section 9:

Marginal note:1995, c. 40, s. 52

71. The portion of section 10 of the Act before paragraph (a) is replaced by the following:

Marginal note:1997, c. 6, s. 50(1)

72. Sections 10.1 and 11 of the Act are replaced by the following:

R.S., c. S-8SEEDS ACT

Marginal note:R.S., c. 49 (1st Supp.), s. 1

73. The long title of the Seeds Act is replaced by the following:

Marginal note:R.S., c. 49 (1st Supp.), s. 2(3)

• 74. (1) The definition “grade” in section 2 of the Act is replaced by the following:

  “grade”

  « catégorie »

  “grade”, in respect of seed, includes any class of seed;

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  “document”

  « document »

  “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;

  “environment”

  « environnement »

  “environment” means the components of the Earth and includes

  • (a) air, land and water,

  • (b) all layers of the atmosphere,

  • (c) all organic and inorganic matter and living organisms, and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c);

  “item to which this Act applies”

  « chose visée par la présente loi »

  “item to which this Act applies” means

  • (a) seed,

  • (b) anything used in an activity regulated under this Act, and

  • (c) a document that is related to seed or to any activity regulated under this Act;

75. The Act is amended by adding the following after section 3:

Marginal note:R.S., c. 49, (1st Supp.), s. 4(1)

• 76. (1) Paragraph 4(1)(a.1) of the Act is replaced by the following:

  • (a.1) providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used;

  • (a.2) respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment;

  • (a.3) respecting the sending or conveying from one province to another or the importation or exportation of any seed;

  • (a.4) respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another;

• (2) Paragraph 4(1)(f) of the Act is replaced by the following:

  • (f) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations;

• (3) Subsection 4(1) of the Act is amended by adding the following after paragraph (g):

  • (g.1) requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

• Marginal note:2012, c. 19, s. 473(2)

  (4) Paragraph 4(1)(j.1) of the Act is replaced by the following:

  • (j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (j.2) respecting the issuance of certificates or other documents for the purpose of section 4.11;

  • (j.3) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

• Marginal note:R.S., c. 49 (1st Supp.), s. 4(4)

  (5) Subsection 4(2) of the Act is replaced by the following:

  • Marginal note:Weed seeds

    (2) The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds.

  • Marginal note:Paragraphs (1)(a.2) and (a.3)

    (3) Regulations made under paragraph (1)(a.2) or (a.3) may, among other things, establish preclearance or in-transit requirements for any imported seed or anything imported with it.

  • Marginal note:Paragraph (1)(j.1)

    (4) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that seed presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

77. The Act is amended by adding the following after section 4:

Marginal note:1997, c. 6, s. 88

78. Subsection 5(1) of the French version of the Act is replaced by the following:

Marginal note:R.S., c. 31 (1st Supp.), s. 21(1)

• 79. (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of inspectors

  • 6. (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

• (2) Subsection 6(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) remove anything from that place for the purpose of examination, conducting tests or taking samples.

• (3) Section 6 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Provision of documents, information or samples

    (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

80. Subsection 8(2) of the Act is replaced by the following:

81. The Act is amended by adding the following after section 8:

Marginal note:1995, c. 40, s. 88

• 82. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Offences

  • 9. (1) Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of

• Marginal note:R.S., c. 49 (1st Supp.), s. 5; 1995, c. 40, s. 88

  (2) Subsections 9(2) to (5) of the Act are replaced by the following:

  • Marginal note:Parties to offence

    (2) If a person other than an individual commits an offence under subsection (1), any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

  • Marginal note:Proof of offence

    (3) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:1997, c. 6, s. 89(1)

83. Section 10 of the Act is replaced by the following:

1990, c. 21HEALTH OF ANIMALS ACT

• 84. (1) The definition produit vétérinaire biologique in subsection 2(1) of the French version of the Health of Animals Act is repealed.

• (2) The definition “veterinary biologic” in subsection 2(1) of the English version of the Act is replaced by the following:

  “veterinary biologic”

  « produit biologique vétérinaire »

  “veterinary biologic” means a thing that is manufactured, sold or represented for use in restoring, correcting or modifying organic functions in animals or for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state — or its symptoms — in animals and that is

  • (a) a helminth, protozoa or micro-organism,

  • (b) a substance or mixture of substances derived from animals, helminths, protozoa, micro-organisms or plants, or

  • (c) a substance of synthetic origin;

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “document”

  « document »

  “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;

• (4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

  « produit biologique vétérinaire »

  “veterinary biologic”

  produit biologique vétérinaire Helminthe, protozoaire ou micro-organisme, substance ou mélange de substances tirées de ceux-ci, d’animaux ou de plantes ou substance d’origine synthétique fabriqués, vendus ou proposés pour utilisation dans le rétablissement, la correction ou la modification des fonctions organiques des animaux ou dans le diagnostic, le traitement, l’atténuation ou la prévention d’une maladie, d’un trouble ou d’un état physique anormal des animaux, ou de leurs symptômes.

85. Section 6 of the Act is repealed.

86. The Act is amended by adding the following after section 11:

87. Section 12 of the French version of the Act is replaced by the following:

88. Subsection 16(1) of the French version of the Act is replaced by the following:

89. Sections 17 and 18 of the Act are replaced by the following:

90. Section 36 of the Act is replaced by the following:

91. The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

• 92. (1) Subsection 45(1) of the Act is replaced by the following:

  Marginal note:Release of seized animal or thing

  • 45. (1) If an inspector or officer is satisfied that the provisions of this Act and the regulations that apply with respect to an animal or thing seized under this Act have been complied with, the animal or thing must be released.

• Marginal note:1995, c. 40, s. 57

  (2) Subsection 45(2) of the English version of the Act is replaced by the following:

  • Marginal note:Application for return

    (2) If proceedings are instituted in relation to an animal or thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

Marginal note:1995, c. 40, s. 59(1)

93. Subsection 47(1) of the Act is replaced by the following:

94. Section 50 of the Act is replaced by the following:

• 95. (1) Paragraph 64(1)(a) of the French version of the Act is replaced by the following:

  • a) régir ou interdire l’importation, l’exportation et la possession d’animaux ou de choses, afin d’empêcher l’introduction de vecteurs, de maladies ou de substances toxiques soit au Canada, soit dans tout autre pays en provenance du Canada;

• (2) Subsection 64(1) of the Act is amended by adding the following after paragraph (o):

  • (o.1) exempting, with or without conditions, any animal or thing, or a person or activity in respect of an animal or thing, from the application of this Act or the regulations or a provision of this Act or the regulations;

• (3) Paragraph 64(1)(s) of the Act is replaced by the following:

  • (s) prohibiting or regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, testing, transportation, sale, conditions of sale, advertising for sale, use and disposal of veterinary biologics and regulating their purity, potency, efficacy and safety;

  • (s.1) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

• (4) Paragraph 64(1)(v) of the Act is replaced by the following:

  • (v) regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, distribution, sale, conditions of sale and advertising for sale of products of animal deadyards, rendering plants and animal food factories;

• (5) Subsection 64(1) of the Act is amended by adding the following after paragraph (w):

  • (w.1) requiring persons to take or keep samples from any animal or thing and to provide the Minister or an inspector or officer with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

• (6) Paragraph 64(1)(z.3) of the Act is replaced by the following:

  • (z.3) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector or officer with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

• (7) Section 64 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Paragraph (1)(a) — designation of disease

    (1.1) Regulations made under paragraph (1)(a) may, among other things, authorize the Minister to designate, by notice, diseases for the purposes of those regulations.

  • Marginal note:Non-application of Statutory Instruments Act

    (1.2) The Statutory Instruments Act does not apply in respect of a notice given by the Minister under a regulation made under paragraph (1)(a).

  • Marginal note:Paragraph (1)(a) — importation of animals or things

    (1.3) Regulations made under paragraph (1)(a) that regulate the importation of animals or things may regulate those animals or things after their importation.

  • Marginal note:Paragraph (1)(z.3)

    (1.4) Regulations made under paragraph (1)(z.3) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that an animal by-product, an animal food, an animal product, a product of a rendering plant or a veterinary biologic presents a risk of harm to human or animal health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector or officer.

96. The Act is amended by adding the following after section 64:

97. Section 68 of the Act is replaced by the following:

98. Sections 71 and 72 of the Act are replaced by the following:

1990, c. 22PLANT PROTECTION ACT

Marginal note:1995, c. 40, s. 75

• 99. (1) The definitions “pest” and “violation” in section 3 of the Plant Protection Act are replaced by the following:

  “pest”

  « parasite »

  “pest” means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants;

  “violation”

  « violation »

  “violation” means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

  • (a) any contravention of any provision of this Act or of a regulation made under this Act,

  • (b) any contravention of any order made by the Minister under this Act, and

  • (c) any refusal or neglect to perform any duty imposed by or under this Act.

• (2) Section 3 of the Act is amended by adding the following in alphabetical order:

  “document”

  « document »

  “document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;

100. The Act is amended by adding the following after section 6:

101. Sections 7 and 8 of the Act are replaced by the following:

102. The Act is amended by adding the following after section 23:

• 103. (1) The portion of subsection 25(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Inspection

  • 25. (1) For the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector may

• (2) Paragraph 25(2)(b) of the English version of the Act is replaced by the following:

  • (b) reproduce any document or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

• 104. (1) Subsection 32(1) of the Act is replaced by the following:

  Marginal note:Release of seized thing

  • 32. (1) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

• Marginal note:1995, c. 40, s. 78

  (2) Subsection 32(2) of the English version of the Act is replaced by the following:

  • Marginal note:Application for return

    (2) If proceedings are instituted in relation to a thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

Marginal note:1995, c. 40, s. 80(1)

105. Subsection 34(1) of the Act is replaced by the following:

106. The Act is amended by adding the following after section 36:

107. Section 38 of the Act is replaced by the following:

• 108. (1) Paragraph 47(a) of the Act is replaced by the following:

  • (a) prohibiting or regulating the carrying out of any activity in respect of pests and of other things that are or could be infested with pests or that constitute or could constitute biological obstacles to the control of pests, including their importation and admission into Canada, their exportation from Canada and their movement within Canada;

  • (a.1) for the purposes of paragraph 7(b),

    • (i) respecting the circumstances in which a thing must be presented to an inspector, and

    • (ii) imposing conditions on an inspector’s authority to require that a thing be presented;

• (2) Section 47 of the Act is amended by adding the following after paragraph (b):

  • (b.1) respecting authorizations provided for in section 47.2, including the conditions to which they may be subject and their amendment, suspension or revocation;

• (3) Paragraph 47(r) of the Act is replaced by the following:

  • (r) requiring documents to be furnished by inspectors;

  • (r.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (r.2) requiring persons to take or keep samples of any thing and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

• (4) Section 47 of the Act is amended by adding “and” at the end of paragraph (s) and by adding the following after that paragraph:

  • (t) exempting, with or without conditions, any thing, or a person or activity in respect of a thing, from the application of this Act or the regulations or a provision of this Act or the regulations.

• (5) Section 47 of the Act is renumbered as subsection 47(1) and is amended by adding the following:

  • Marginal note:Paragraph (1)(a) — importation

    (2) Regulations made under paragraph (1)(a) may, among other things, establish preclearance or in-transit requirements for any imported thing or anything imported with it.

  • Marginal note:Paragraph (1)(a) — prohibiting or restricting activities

    (3) Regulations made under paragraph (1)(a) may, among other things, authorize the Minister or an inspector to prohibit or restrict the carrying out of any activity in respect of a thing if the Minister or inspector has reasonable grounds to believe that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.

  • Marginal note:Paragraph (1)(i)

    (4) Regulations made under paragraph (1)(i) may, among other things, authorize the Minister or an inspector to prohibit or restrict the use of a place or a thing if the Minister or inspector has reasonable grounds to believe that the place is infested with a pest or that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.

  • Marginal note:Paragraph (1)(r.1)

    (5) Regulations made under paragraph (1)(r.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a thing that is a pest, that is or could be infested with a pest or that constitutes or could constitute a biological obstacle to the control of a pest presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

109. The Act is amended by adding the following after section 47:

110. The portion of subsection 48(1) of the French version of the Act before paragraph (a) is replaced by the following:

111. Section 51 of the Act is replaced by the following:

112. Sections 54 and 55 of the Act are replaced by the following:

1995, c. 40AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

Marginal note:2002, c. 28, s. 82

113. The definition “Minister” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

• 114. (1) Subsection 4(1) of the Act is amended by adding the following after paragraph (b):

  • (b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;

• (2) Paragraph 4(2)(b) of the Act is replaced by the following:

  • (b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.

115. Section 6 of the Act is replaced by the following:

116. The portion of subsection 7(2) of the English version of the Act before paragraph (a) is replaced by the following:

117. Subsection 11(3) of the English version of the Act is replaced by the following:

118. Subsection 15(2) of the French version of the Act is replaced by the following:

119. Section 26 of the Act is replaced by the following:

1997, c. 20AGRICULTURAL MARKETING PROGRAMS ACT

Marginal note:2011, c. 25, s. 16(2)

• 120. (1) Paragraph (b) of the definition “administrator” in subsection 2(1) of the Agricultural Marketing Programs Act is replaced by the following:

  • (b) an organization, other than a lender, that the Minister, taking into account any criteria prescribed by regulation, determines to be an organization that represents producers who produce, in an area, a significant portion of an agricultural product to which Part I applies; or

• Marginal note:2006, c. 3, s. 1(3)

  (2) Paragraph (b) of the definition “producer” in subsection 2(1) of the Act is replaced by the following:

  • (b) a corporation that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d);

• Marginal note:2006, c. 3, s. 1(3)

  (3) The portion of the definition “producer” in subsection 2(1) of the Act after paragraph (d) is repealed.

• (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “program year”

  « année de programme »

  “program year”, in respect of an advance, means the period that is specified in the advance guarantee agreement and the repayment agreement that relates to the advance.

• (5) Section 2 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Interpretation

    (2) For the purpose of paragraph (b) of the definition “producer” in subsection (1), a corporation is controlled by a person or entity if the corporation is controlled in any manner that results in control in fact, whether directly through the ownership of voting shares or indirectly through a trustee or other person who administers the property of another, a legal representative, an agent or mandatary or other intermediary acting as nominee or otherwise, a trust, a contract, the ownership of a corporation or otherwise.

Marginal note:2000, c. 12, s. 2

121. Subsections 3(2) and (3) of the Act are replaced by the following:

122. The heading of Part I of the French version of the Act is replaced by the following:

Marginal note:2006, c. 3, s. 2

123. Subsections 4.1(2) and (3) of the Act are replaced by the following:

Marginal note:2006, c. 3, s. 3(3)

• 124. (1) The portion of paragraph 5(3)(e) of the Act before subparagraph (iii) is replaced by the following:

  • (e) to take steps, in accordance with the advance guarantee agreement, to ensure that, before an advance is made

    • (i) in the case of an agricultural product that is storable,

      • (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

    • (ii) in the case of an agricultural product that is not storable,

      • (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

• (2) Paragraph 5(3)(g) of the Act is repealed.

• (3) Paragraph 5(3)(h) of the Act is replaced by the following:

  • (h) to pay to the Minister any additional interest resulting from its failure to make payments required by paragraph (f);

• (4) Paragraph 5(3)(i) of the Act is replaced by the following:

  • (h.1) after the administrator receives the payment of interest referred to in subparagraph 10(2)(a)(v), to pay to the Minister, within the period specified in the advance guarantee agreement, any interest paid by the Minister under subsection 9(1) on the amount of an advance that is repaid by a producer to the administrator without proof that the agricultural product has been sold;

  • (i) to pay to the Minister, within the period specified in the advance guarantee agreement, the amount repaid to the administrator under a repayment agreement by a defaulting producer if the Minister has previously made a payment for the producer under subsection 23(1) or (1.1); and

  • (j) to assign, on the Minister’s request and within any period that the Minister specifies, its rights and obligations under the advance guarantee agreement to any entity that the Minister specifies, if the administrator has not met all of its obligations under the agreement and the Minister has sent a notice to the administrator stating that the administrator has had, in the Minister’s opinion, adequate opportunity to meet the obligations, and requesting the administrator to meet them.

• Marginal note:2008, c. 7, s. 2(2)

  (5) Subsection 5(3.01) of the Act is replaced by the following:

  • Marginal note:Specific terms and conditions

    (3.01) An advance guarantee agreement may include any of the following terms and conditions governing advances and their repayment:

    • (a) the administrator must agree to make advances to producers solely in the areas specified in the agreement;

    • (b) the administrator must agree to make advances to producers solely in relation to the agricultural product specified in the agreement;

    • (c) the producer must agree to inform the administrator of the producer’s participation in any program listed in the schedule; and

    • (d) the producer must agree to assign, if in default, any amounts payable to the producer under a program listed in the schedule to

      • (i) the administrator, to the extent of the producer’s liability under section 22, and

      • (ii) the Minister, to the extent of the producer’s liability under section 23.

  • Marginal note:Designation by Minister

    (3.02) The Minister may designate, in the advance guarantee agreement with the administrator, agricultural products or classes of agricultural products with respect to which an amount of an advance may be repaid, without proof that the agricultural product has been sold, before the expiry of the production period for which the advance was made.

• Marginal note:2006, c. 3, s. 3(4)

  (6) Subsection 5(3.1) of the Act is replaced by the following:

  • Marginal note:Exception

    (3.1) The terms described in paragraphs (3)(c) and (f) — and in paragraph (3)(h) in relation to payments required by paragraph (3)(f) — are not required if the Minister and an administrator are the only parties to the agreement.

• (7) Subsection 5(4) of the Act is replaced by the following:

  • Marginal note:Recovery of costs

    (4) The administrator may, subject to any terms and conditions of the advance guarantee agreement, charge fees to producers for the purpose of recovering any costs under this Part, including costs related to the recovery of outstanding amounts from producers who are in default under a repayment agreement and costs of receiving and dealing with applications for advances, administering advances and any other administrative services.

• Marginal note:2006, c. 3, s. 3(5)

  (8) Subsection 5(6) of the Act is replaced by the following:

  • Marginal note:Amounts withheld from advance

    (6) The administrator may, with the Minister’s approval, withhold amounts from an advance made to a producer for a purpose authorized under the advance guarantee agreement.

Marginal note:2008, c. 7, s. 3

125. Subsection 5.1(2) of the Act is replaced by the following:

Marginal note:2008, c. 7, s. 4

• 126. (1) Paragraphs 7(4)(a) to (e) of the Act are replaced by the following:

  • (a) paragraph 5(3)(e);

  • (b) subsection 5(3.01);

  • (c) paragraphs 10(1)(g) and (h);

  • (d) paragraphs 10(2)(b) to (c); and

  • (e) paragraph 19(1)(c) and subsection 19(3).

• Marginal note:2008, c. 7, s. 4

  (2) Subsection 7(5) of the Act is repealed.

Marginal note:2006, c. 3, s. 5

• 127. (1) Subsection 9(1) of the Act is replaced by the following:

  Marginal note:Payment of interest

  • 9. (1) The Minister must, in relation to each producer, pay to the lender specified in an advance guarantee agreement — or, if the agreement was made only with an administrator, to the administrator — the interest accruing on the amounts borrowed by the administrator to pay the first $100,000 — or the amount fixed by regulation — of the total of the following amounts:

    • (a) the amounts of advances received by the producer during the program year for all of their agricultural products, including amounts under any other advance guarantee agreements, and

    • (b) the amounts of advances that are received by or attributed to all related producers during the program year for all of their agricultural products, including amounts under any other advance guarantee agreements, and that are attributable to the producer under subsection (2).

• (2) Subsection 9(2) of the Act is replaced by the following:

  • Marginal note:Attribution

    (2) If a producer is related to another producer, the amounts received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations.

Marginal note:2006, c. 3, s. 6(1)

• 128. (1) The portion of subsection 10(1) of the Act before paragraph (e) is replaced by the following:

  Marginal note:Eligibility requirements for producers

  • 10. (1) For a producer to be eligible for a guaranteed advance during a program year,

    • (a) the Minister must determine, taking into account any criteria prescribed by regulation, that the producer continuously owns the agricultural product, is responsible for marketing it and either is or was producing it;

    • (b) if the producer is an individual, the producer must have attained the age of majority in the province where the producer’s farming operation is carried on;

    • (c) if the producer is a corporation with only one shareholder,

      • (i) the individual who makes the application for an advance on the producer’s behalf must have attained the age of majority in the province where the producer’s farming operation is carried on, and

      • (ii) the shareholder must agree in writing to be personally liable — or a guarantor prescribed by the regulations must agree in writing to be liable — to the administrator for any of the producer’s liability under section 22 and to provide any security for the repayment of the advance that the administrator requires;

    • (d) if the producer is a corporation with two or more shareholders, a partnership, a cooperative or another association of persons,

      • (i) the individual who makes the application for an advance on behalf of the corporation, partnership, cooperative or association must have attained the age of majority in the province where the producer’s farming operation is carried on, and

      • (ii) each of the shareholders, partners or members, as the case may be, must agree in writing to be jointly and severally, or solidarily, liable — or a guarantor prescribed by the regulations must agree in writing to be liable — to the administrator for the producer’s liability under section 22 and to provide any security for the repayment of the advance that the administrator requires;

• Marginal note:2008, c. 7, s. 5(1)

  (2) Paragraph 10(1)(f.1) of the Act is replaced by the following:

  • (f.1) the producer must demonstrate to the administrator that they are capable of meeting their obligations under the repayment agreement and that they are meeting all of their obligations under any other repayment agreement;

• Marginal note:2006, c. 3, s. 6(1); 2008, c. 7, s. 5(2)

  (3) Paragraph 10(1)(h) of the Act is replaced by the following:

  • (h) the producer must demonstrate that

    • (i) in the case of an agricultural product that is storable,

      • (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

    • (ii) in the case of an agricultural product that is not storable,

      • (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

    • (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; and

• Marginal note:1999, c. 26, s. 45; 2006, c. 3, s. 6(2)(E)

  (4) Subsection 10(1.1) of the Act is replaced by the following:

  • Marginal note:Sharing security

    (1.1) For the purpose of paragraph (1)(g), the producer’s eligibility is not affected by the administrator sharing the security referred to in section 12 with another creditor in accordance with the terms and conditions specified in the advance guarantee agreement.

• Marginal note:2006, c. 3, s. 6(3)

  (5) Subparagraphs 10(2)(a)(v) and (vi) of the Act are replaced by the following:

  • (v) if the producer repays to the administrator an amount of the advance without proof that the agricultural product has been sold and that amount is greater than the amount prescribed by the regulations, by paying to the administrator, in accordance with the terms and conditions specified in the repayment agreement, the amount of interest owed under that agreement on the difference obtained by subtracting that prescribed amount from that repaid amount,

  • (vi) by any other means prescribed by the regulations, or

  • (vii) by paying the administrator using a combination of the means described in subparagraphs (i) to (vi);

• (6) Subsection 10(2) of the Act is amended by adding the following after paragraph (a):

  • (a.1) if the repayment agreement is in respect of an agricultural product designated by the Minister in the advance guarantee agreement, or an agricultural product in a class of agricultural products that is so designated, to repay the amount of the advance with respect to that agricultural product, with or without proof that it has been sold, before the expiry of the production period for which the advance was made;

• Marginal note:2006, c. 3, s. 6(3); 2008, c. 7, s. 5(5)

  (7) Paragraph 10(2)(b) of the Act is replaced by the following:

  • (b) to ensure that

    • (i) in the case of an agricultural product that is storable,

      • (A) it is of marketable quality and will be stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12,

    • (ii) in the case of an agricultural product that is not storable,

      • (A) it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or

      • (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and

    • (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement;

• (8) Section 10 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Waiver

    (2.1) The administrator may, with the Minister’s approval and subject to any conditions specified by the Minister, waive those requirements of a repayment agreement that are referred to in paragraph 2(a) in order to permit a producer to repay an advance under the agreement if the administrator is satisfied that the agricultural product in respect of which the advance has been made has not been disposed of by the producer.

Marginal note:2006, c. 3, s. 7

129. Section 11 of the Act is replaced by the following:

Marginal note:2006, c. 3, s. 7

130. Section 12 of the Act is replaced by the following:

131. The Act is amended by adding the following after section 12:

Marginal note:2006, c. 3, s. 10

• 132. (1) Paragraph 19(1)(b) of the Act is replaced by the following:

  • (b) the rate per production unit that is specified by the Minister for the agricultural product for the production period for which the advance is made, or for a specified portion of the production period for which the advance is made.

• (2) Subsection 19(1) of the Act is amended by adding the following after paragraph (b):

  by

  • (c) the rate obtained by subtracting the administrator’s percentage, as determined under the regulations, from 100%.

• (3) Section 19 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Administrator’s percentage

    (1.1) The administrator’s percentage mentioned in paragraph (1)(c), as determined under the regulations, must not exceed 10%. If the regulations establish a method of calculating that percentage, when the calculation results in a percentage that is less than 3%, that percentage is deemed to be 3% and when the calculation results in a percentage that is greater than 10%, that percentage is deemed to be 10%.

• Marginal note:2006, c. 3, s. 10

  (4) Subsection 19(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) If, because of paragraph 10(1)(h), the amount of the advance must be covered by a program listed in the schedule or the security referred to in section 12, the maximum amount of an advance eligible for a guarantee under this Part is

    • (a) in the case when the advance is covered by such a program, the lesser of the amount calculated under subsection (1) and the percentage, specified in the advance guarantee agreement, of the maximum amount that the producer could receive under that program; or

    • (b) in the case when the advance is covered by such a security, the lesser of the amount calculated under subsection (1) and the amount of the value of that security.

Marginal note:2006, c. 3, s. 11

• 133. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Annual maximum guarantee for each producer

  • 20. (1) Subject to subsection (1.1), the maximum amount of advances in any program year that are eligible for a guarantee under this Act is

• (2) Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Attribution

    (2) If a producer is related to another producer, the amounts of advances received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations.

• 134. (1) Paragraph 21(1)(a) of the Act is replaced by the following:

  • (a) has not met all of their obligations under the agreement within 21 days after the day on which the administrator mails or delivers a notice to the producer stating that the producer has had, in the administrator’s opinion, adequate opportunity to meet the obligations, and requesting the producer to meet them;

• (2) Subsection 21(1) of the Act is amended by adding the following after paragraph (c):

  • (c.1) becomes the subject of proceedings under the Companies’ Creditors Arrangement Act and has not met all of their obligations under the agreement;

  • (c.2) has made an application under section 5 of the Farm Debt Mediation Act and has not met all of their obligations under the agreement;

• (3) Subsection 21(1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after that paragraph:

  • (d.1) is, in the administrator’s opinion, at fault for causing or contributing to a decrease in the value of the security taken by the administrator under section 12 and, as a result, in the administrator’s opinion, the value of the security is less than the value of the outstanding amount of the advance; or

• (4) Subsection 21(2) of the Act is replaced by the following:

  • Marginal note:Stay of default

    (2) Subject to any regulations, if a default is impending, the Minister may, at the administrator’s request, order the default to be stayed for a specified period on any terms and conditions that the Minister may establish.

  • Marginal note:Liability of producer

    (2.1) A producer in respect of whom a stay of default is ordered is liable to the administrator for the costs incurred by the administrator in relation to the stay of default, other than the costs that the administrator has recovered by means of a fee charged to the producer under subsection 5(4).

• (5) Subsection 21(4) of the Act is replaced by the following:

  • Marginal note:Ineligibility period

    (4) An advance guarantee agreement may provide that a producer continues to be ineligible for a guaranteed advance from the administrator for any period specified in the agreement, even though the producer has ceased to be in default.

• 135. (1) The portion of section 22 of the French version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Obligations du producteur défaillant envers l’agent d’exécution

  22. Le producteur défaillant relativement à l’accord de remboursement est redevable à l’agent d’exécution de ce qui suit :

• (2) Section 22 of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

  • (c) the costs, including legal costs, incurred by the administrator to recover the outstanding amounts and interest, if those costs are approved by the Minister, other than the costs that the administrator has recovered by means of a fee charged to the producer under subsection 5(4); and

  • (d) any other outstanding amounts under the repayment agreement.

Marginal note:1999, c. 26, s. 46

• 136. (1) Subsections 23(1) and (2) of the Act are replaced by the following:

  Marginal note:Payments to be made by Minister

  • 23. (1) If the producer is in default under the repayment agreement and the Minister receives a request for payment from the administrator or lender to whom the guarantee is made, the Minister must, in accordance with the advance guarantee agreement and subject to any regulations made under paragraph 40(1)(g) or (g.1), pay to the lender or the administrator, as the case may be, an amount equal to the amounts referred to in paragraphs 22(a) and (c) and the interest, other than the interest paid by the Minister under subsection 9(1), at the rate specified in the advance guarantee agreement on the outstanding amount of the advance, calculated from the date of the advance.

  • Marginal note:Payments may be made by Minister

    (1.1) The Minister may, subject to any regulations made under paragraph 40(1)(g) or (g.1), pay to the lender or the administrator, as specified in the advance guarantee agreement, an amount equal to the amounts referred to in paragraphs 22(a) and (c) and the interest, other than the interest paid by the Minister under subsection 9(1), at the rate specified in the advance guarantee agreement on the outstanding amount of the advance, calculated from the date of the advance, if

    • (a) the producer is in default under the repayment agreement and has made an application under section 5 of the Farm Debt Mediation Act; or

    • (b) the producer has been in default under the repayment agreement for the period specified in the advance guarantee agreement.

  • Marginal note:Subrogation

    (2) The Minister is, to the extent of any payment under subsection (1) or (1.1), subrogated to the administrator’s rights against the producer in default and against persons who are liable under paragraphs 10(1)(c) and (d) and may maintain an action, in the name of the administrator or in the name of the Crown, against that producer and those persons.

• Marginal note:2008, c. 7, s. 6

  (2) Subsections 23(4) and (5) of the Act are replaced by the following:

  • Marginal note:Limitation or prescription period

    (4) Subject to the other provisions of this section, no action or proceedings may be taken by the Minister to recover any amounts, interest and costs owing after the six year period that begins on the day on which the Minister is subrogated to the administrator’s rights.

  • Marginal note:Deduction, set-off or compensation

    (5) The amounts, interest and costs owing may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession.

  • Marginal note:Acknowledgment of liability

    (6) If a person acknowledges liability for the amounts, interest and costs owing, whether before or after the end of the limitation or prescription period, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of the limitation or prescription period and an action or proceedings to recover the amounts, interest and costs may be taken within six years after the day of the acknowledgment of liability.

  • Marginal note:Types of acknowledgment

    (7) An acknowledgement of liability means

    • (a) a written promise to pay the amounts, interest and costs owing, signed by the person or his or her agent or other representative;

    • (b) a written acknowledgment of the amounts, interest and costs owing, signed by the person or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

    • (c) a payment, even in part, by the person or his or her agent or other representative of any of the amounts, interests and costs owing;

    • (d) any acknowledgment of the amounts, interest and costs owing made by the person, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act, the Farm Debt Mediation Act or any other legislation dealing with the payment of debts; or

    • (e) the person’s performance of an obligation under the repayment agreement referred to in subsection (1).

  • Marginal note:Period excluded

    (8) Any period in which it is prohibited to commence or continue an action or proceedings against the person to recover the amounts, interest and costs owing does not count in the calculation of a limitation or prescription period under this section.

  • Marginal note:Enforcement proceedings

    (9) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Marginal note:2006, c. 3, s. 15

137. Subsections 34(3) and (4) of the Act are repealed.

• 138. (1) Subsection 40(1) of the Act is amended by adding the following after paragraph (a.1):

  • (a.2) defining the meanings of the words and expressions “control” and “controlled by” for the purposes of paragraphs 3(2)(a) and (b);

  • (a.3) prescribing, for the purposes of paragraph 3(2)(e), circumstances in which producers are presumed to be related;

• Marginal note:2006, c. 3, s. 16(1)

  (2) The portion of paragraph 40(1)(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) for the purpose of subsection 4.1(1) and any regulations made under subsection 4.1(3), prescribing criteria for

• Marginal note:2006, c. 3, s. 16(1); 2008, c. 7, s. 7(2)

  (3) Paragraphs 40(1)(c) to (e) of the Act are replaced by the following:

  • (c) fixing an amount for the purposes of each of subsection 5(5), paragraphs 7(3)(a) and (b), subsection 9(1), paragraph 20(1)(b) and subsection 20(1.1), which amount may, for the purposes of subsection 9(1), paragraph 20(1)(b) or subsection 20(1.1), differ with regard to classes of producers;

  • (d) prescribing criteria for the purposes of paragraph 7(1)(b);

  • (e) fixing a percentage for the purposes of each of paragraphs 7(3)(a) and (b), section 13 and subsection 19(2);

  • (e.01) for the purposes of subsections 9(2) and 20(2), fixing the percentage or percentages of the amounts received by, or attributed to, related producers that are to be attributable to a producer, which percentage or percent­ages may differ depending on the type of producer or related producer;

  • (e.02) for the purposes of subsections 9(2) and 20(2), respecting the method of calculating the amounts received by, or attributed to, related producers that are to be attributable to a producer, which method of calculation may differ depending on the type of producer or related producer;

• (4) Subsection 40(1) of the Act is amended by adding the following after paragraph (e.1):

  • (e.11) respecting, for the purposes of subparagraphs 10(1)(c)(ii) and (d)(ii), guarantors or classes of guarantors and the security or classes of security that must be provided by guarantors;

• (5) Subsection 40(1) of the Act is amended by adding the following after paragraph (f):

  • (f.01) prescribing, for the purposes of subparagraph 10(2)(a)(vi), any means that may be used to repay an advance and the terms and conditions respecting those repayments;

• Marginal note:2006, c. 3, s. 16(1)

  (6) Paragraph 40(1)(f.2) of the Act is replaced by the following:

  • (f.2) respecting the security or classes of security that administrators are required to take for the purposes of section 12;

  • (f.3) determining, for the purposes of paragraph 19(1)(c), the administrator’s percentage or establishing a method of calculating it, which percentage may differ among administrators depending on their experience and past performance;

  • (f.4) respecting stays of default under subsection 21(2);

• (7) Subsection 40(1) of the Act is amended by striking out “and” at the end of paragraph (h.1) and by adding the following after that paragraph:

  • (h.2) prescribing anything that is to be prescribed under this Act; and

• Marginal note:2008, c. 7, s. 7(4)

  (8) Subsection 40(2) of the Act is replaced by the following:

  • Marginal note:Recommendation

    (2) Regulations made under paragraph (1)(c) or (e) may be made only on the Minister’s recommendation with the concurrence of the Minister of Finance.

Marginal note:2006, c. 3, s. 17

139. Subsection 42(1) of the Act is replaced by the following:

Marginal note:2006, c. 3, s. 20

140. The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

1997, c. 21FARM DEBT MEDIATION ACT

• 141. (1) The definition “farmer” in section 2 of the English version of the Farm Debt Mediation Act is replaced by the following:

  “farmer”

  « agriculteur »

  “farmer” means any person, cooperative, partnership or other association of persons that is engaged in farming for commercial purposes and that meets any prescribed criteria.

• (2) Paragraph (b) of the definition “secured creditor” in section 2 of the Act is replaced by the following:

  • (b) any person, cooperative, partnership or other association of persons

    • (i) with which a farmer has entered into an agreement for sale, a lease with an option to purchase or a conditional sales contract relating to any property used or possessed by the farmer, or

    • (ii) to which such an agreement or contract has been assigned; and

142. Paragraphs 7(1)(a) and (b) of the Act are replaced by the following:

143. Paragraphs 9(2)(b) and (c) of the Act are replaced by the following:

• 144. (1) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:

  • (b) inform

    • (i) in the case of an application made under paragraph 5(1)(a), the farmer, all of the creditors listed in the application and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii), of the mediator’s appointment, or

    • (ii) in the case of an application made under paragraph 5(1)(b), the farmer, all of the secured creditors listed in the application, all of the creditors mentioned in a recommendation under paragraph 9(2)(b) and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii) or is mentioned in the recommendation, of the mediator’s appointment; and

  • (c) provide a copy of the report mentioned in subsection 9(4) to the mediator and to the persons and entities that will be participating in the mediation.

• (2) Subsection 10(2) of the Act is replaced by the following:

  • Marginal note:Duties of mediator

    (2) In accordance with the regulations, the mediator shall examine the report mentioned in subsection 9(4) and meet with the persons and entities referred to in subparagraph (1)(b)(i) or (ii) for the purpose of assisting them to reach a mutually acceptable arrangement, but shall not provide advice to the farmer or a creditor.

145. Subsection 13(3) of the Act is replaced by the following:

146. Subsection 14(3) of the Act is replaced by the following:

147. Section 19 of the Act is replaced by the following:

148. Subsection 21(2) of the Act is replaced by the following:

• 149. (1) Subsections 24(1) and (2) of the Act are replaced by the following:

  • Marginal note:Communication of information

    (1) Except as authorized by subsection (2), no person shall knowingly communicate or knowingly allow to be communicated to any person any information that is obtained under this Act from a farmer, from a farmer’s creditor or from the Minister or knowingly allow any person to inspect or have access to that information.

  • Marginal note:Exception

    (2) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), may communicate or allow to be communicated, or allow inspection of or access to, the information referred to in subsection (1) to or by any other person engaged in the administration of this Act or any person otherwise legally entitled to the information.

• (2) Subsection 24(3) of the English version of the Act is replaced by the following:

  • Marginal note:Protection of witness

    (3) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), is not compellable to answer questions concerning the information, or to produce records or other documents containing the information, as evidence in any proceedings not directly concerned with the enforcement or interpretation of this Act or the regulations.

150. Section 25 of the Act is replaced by the following:

151. Paragraph 26(2)(b) of the English version of the Act is replaced by the following:

152. Subsection 28(1) of the Act is replaced by the following:

TRANSITIONAL PROVISIONS — AGRICULTURAL MARKETING PROGRAMS ACT

Marginal note:Definitions

• 153. (1) The following definitions apply in this section.

  “new Act”

  « nouvelle loi »

  “new Act” means the Agricultural Marketing Programs Act as it reads on the day on which this section comes into force.

  “old Act”

  « ancienne loi »

  “old Act” means the Agricultural Marketing Programs Act as it read immediately before the day on which this section comes into force.

• Marginal note:Old Act continues to apply

  (2) The old Act continues to apply on and after the day on which this section comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on that day.

• Marginal note:Unpaid amounts — old Act

  (3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act.

• Marginal note:Unpaid amounts — spring credit advances

  (4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act.

• Marginal note:Default — spring credit advances

  (5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act.

COMING INTO FORCE

Marginal note:Plant Breeders’ Rights Act

• 154. (1) Sections 2 to 51 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Feeds Act

  (2) Section 52, subsections 53(1) and (2) and 54(1) to (3), section 55, subsections 56(1) to (8), section 57, subsections 58(1) to (3), sections 59 and 60 and subsections 61(1) and (2) come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Fertilizers Act

  (3) Sections 62 and 63, subsections 64(1) and (2), section 65, subsections 66(1) to (7), section 67, subsections 68(1) to (3) and sections 69 to 72 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Seeds Act

  (4) Section 73, subsections 74(1) and (2), section 75, subsections 76(1) to (5), sections 77 and 78, subsections 79(1) to (3), sections 80 and 81, subsections 82(1) and (2) and section 83 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Health of Animals Act

  (5) Subsections 84(1) to (4), sections 85 to 91, subsections 92(1) and (2), sections 93 and 94, subsections 95(1) to (7) and sections 96 to 98 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Plant Protection Act

  (6) Subsections 99(1) and (2), sections 100 to 102, subsections 103(1) and (2) and 104(1) and (2), sections 105 to 107, subsections 108(1) to (5) and sections 109 to 112 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Agriculture and Agri-Food Administrative Monetary Penalties Act

  (7) Section 113, subsections 114(1) and (2) and sections 115 to 119 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Agricultural Marketing Programs Act

  (8) Subsections 120(1) to (5), sections 121 to 123, subsections 124(1) to (8), section 125, subsections 126(1) and (2), 127(1) and (2) and 128(1) to (8), sections 129 to 131, subsections 132(1) to (4), 133(1) and (2), 134(1) to (5) and 135(1) and (2), sections 136 and 137, subsections 138(1) to (8) and sections 139, 140 and 153 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Farm Debt Mediation Act

  (9) Subsections 141(1) and (2), sections 142 and 143, subsections 144(1) and (2), sections 145 to 148, subsections 149(1) and (2) and sections 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.