Agricultural Growth Act (S.C. 2015, c. 2)
Full Document:
Assented to 2015-02-25
65. The Act is amended by adding the following after section 3:
Marginal note:Fertilizers and supplements presenting risk of harm
3.1 No person shall manufacture, sell, import or export in contravention of the regulations any fertilizer or supplement that presents a risk of harm to human, animal or plant health or the environment.
Marginal note:Prescribed activity with licence or registration
3.2 No person shall conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to do so by a registration made under subsection 5.2(1), by a licence issued under that subsection or by both such a registration and licence, as provided for in the regulations.
Marginal note:Prescribed activity in registered establishment
3.3 No person shall conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in an establishment registered under subsection 5.3(1) in accordance with the regulations.
Marginal note:Recall order — Canadian Food Inspection Agency Act
3.4 No person shall sell a fertilizer or supplement that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
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:
INCORPORATION BY REFERENCE
Marginal note:Incorporation by reference
5.1 (1) A regulation made under subsection 5(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 5(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 5(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 5(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
REGISTRATIONS AND LICENCES
Marginal note:Persons
5.2 (1) The Minister may, on application, register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — or both register a person and issue them a licence.
Marginal note:Conditions — regulations
(2) The registration and the licence are subject to the prescribed conditions.
Marginal note:Conditions — Minister
(3) The Minister may make a registration or licence subject to any additional conditions that he or she considers appropriate.
Marginal note:Obligation to comply
(4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.
Marginal note:No transfer
(5) The registration or licence is not transferable.
Marginal note:Establishments
5.3 (1) The Minister may, on application, register an establishment as one where a prescribed activity may be conducted in respect of a prescribed fertilizer or supplement that has been imported for sale or that is to be exported or to be sent or conveyed from one province to another.
Marginal note:Holder
(2) The applicant in respect of an establishment is the holder of the registration.
Marginal note:Conditions — regulations
(3) The registration is subject to the prescribed conditions.
Marginal note:Conditions — Minister
(4) The Minister may make a registration subject to any additional conditions that he or she considers appropriate.
Marginal note:Obligation to comply
(5) The holder of the registration must comply with all the conditions to which the registration is subject.
Marginal note:No transfer
(6) The registration is not transferable.
Marginal note:Amendment, suspension, cancellation and renewal
5.4 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 5.2(1) or 5.3(1) or a licence issued under subsection 5.2(1).
GENERAL
Marginal note:Export certificates
5.5 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 fertilizer or supplement.
Marginal note:Disposition of samples
5.6 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
5.7 In considering an application made under the regulations in relation to a fertilizer or supplement, the Minister may consider information that is available from a review or evaluation of a fertilizer or supplement 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.
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