Agricultural Growth Act (S.C. 2015, c. 2)
Assented to 2015-02-25
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:
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.
70. 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 fertilizer or supplement 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 fertilizer or supplement 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.
(2) The notice must either be delivered personally to the owner or importer of the fertilizer or supplement 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.
(3) If the fertilizer or supplement 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, animal or plant health or the environment is unlikely to result;
(b) the fertilizer or supplement will not be sold within that period;
(c) the measures that should have been taken for the fertilizer or supplement 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 fertilizer or supplement does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.
(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 fertilizer or supplement 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 fertilizer or supplement did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that 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.
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)(d), 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. 52
71. The portion of section 10 of the Act before paragraph (a) is replaced by the following:
10. 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. 50(1)
72. Sections 10.1 and 11 of the Act are replaced by the following:
Marginal note:Parties to offence
10.1 If a person other than an individual commits an offence under section 10, 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
11. 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
11.1 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. 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:
« 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” 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;
« 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
(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:Seed presenting risk of harm
3.1 No person shall sell, import or export in contravention of the regulations any seed that presents a risk of harm to human, animal or plant health or the environment.
Marginal note:Recall order — Canadian Food Inspection Agency Act
3.2 No person shall sell seed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
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