Agricultural Growth Act (S.C. 2015, c. 2)
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Assented to 2015-02-25
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:
INCORPORATION BY REFERENCE
Marginal note:Incorporation by reference
4.1 (1) A regulation made under subsection 4(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility
(2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 4(1), including any amendments to the document, is accessible.
Marginal note:Defence
(3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 4(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 4(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
GENERAL
Marginal note:Export certificates
4.11 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any seed.
Marginal note:Disposition of samples
4.12 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.
Marginal note:Consideration of information
4.13 In considering an application made under the regulations in relation to seed, the Minister may consider information that is available from a review or evaluation of seed conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states.
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:Désignations
5. (1) Le président de l’Agence canadienne d’inspection des aliments peut, en vertu de l’article 13 de la Loi sur l’Agence canadienne d’inspection des aliments, désigner des inspecteurs et analystes pour l’application de la présente loi.
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:
Marginal note:Release of seized seed or package
(2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to any seed or package seized under this Act have been complied with, the seed or package must be released.
81. The Act is amended by adding the following after section 8:
Marginal note:Removal or destruction of unlawful imports
8.1 (1) An inspector who has reasonable grounds to believe that imported seed does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the seed is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it.
Marginal note:Notice
(2) The notice must either be delivered personally to the owner or importer of the seed or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.
Marginal note:Forfeiture
(3) If the seed is not removed from Canada or destroyed within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 8(2), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.
Marginal note:Suspension of application of subsection (3)
(4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the seed will not be sold within that period;
(c) the measures that should have been taken for the seed not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and
(d) if the seed does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.
Marginal note:Cancellation
(5) An inspector may cancel the notice if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the seed has not been sold within the period referred to in subsection (6);
(c) the measures referred to in paragraph (4)(c) were taken within that period; and
(d) if the seed did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.
Marginal note:Period
(6) The period for the purposes of subsection (5) is
(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and
(b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.
Marginal note:Non-application of Statutory Instruments Act
(7) The Statutory Instruments Act does not apply in respect of the notice.
ANALYSIS
Marginal note:Analysis and examination
8.2 An inspector may submit to an analyst, for analysis or examination,
(a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or
(b) anything removed under paragraph 6(1)(e), any seed or package seized under subsection 8(1) or any sample of that thing, seed or package.
LIMITATION ON LIABILITY
Marginal note:Her Majesty not liable
8.3 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable
(a) for any costs, loss or damage resulting from the compliance; or
(b) to pay any fee, including any rent or charge, for what is done or permitted to be done.
Marginal note:No liability
8.4 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.
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