• 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: