Agricultural Growth Act (S.C. 2015, c. 2)
Full Document:
Assented to 2015-02-25
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:
Marginal note:Release of seized article
(2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to an article seized under this Act have been complied with, the article must be released.
60. The Act is amended by adding the following after section 9:
Marginal note:Removal or destruction of unlawful imports
9.1 (1) An inspector who has reasonable grounds to believe that an imported feed 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 feed 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 feed 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 feed 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 9(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 or animal health or the environment is unlikely to result;
(b) the feed will not be sold within that period;
(c) the measures that should have been taken for the feed 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 feed 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 or animal health or the environment is unlikely to result;
(b) the feed 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 feed 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
9.2 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 7(1)(e), any article seized under subsection 9(1) or any sample of that thing or article.
LIMITATION ON LIABILITY
Marginal note:Her Majesty not liable
9.3 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
9.4 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.
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:
“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 fertilizer or supplement is manufactured, stored, packaged or labelled;
“item to which this Act applies”
« chose visée par la présente loi »
“item to which this Act applies” means
(a) a fertilizer or supplement,
(b) anything used in an activity regulated under this Act, and
(c) a document that is related to a fertilizer or supplement or to any activity regulated under this Act;
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.
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