Canadian Food Inspection Agency Act (S.C. 1997, c. 6)

Marginal note:Intellectual property

17 The Agency may license, sell or otherwise make available any patent, copyright, industrial design, trademark or other similar property right that is vested in Her Majesty in right of Canada under any Act or provision that the Agency enforces or administers by virtue of section 11.

Marginal note:Interim injunction

18 The Agency may apply to a judge of a court of competent jurisdiction for an interim injunction enjoining any person from contravening an Act or provision that the Agency enforces or administers by virtue of section 11, whether or not a prosecution has been instituted in respect of that contravention.

Recalls

Marginal note:Recall order

• 19 (1) Where the Minister believes on reasonable grounds that a product regulated under an Act or provision that the Agency enforces or administers by virtue of section 11 poses a risk to public, animal or plant health, the Minister may, by notice served on any person selling, marketing or distributing the product, order that the product be recalled or sent to a place designated by the Minister.

• Marginal note:Contravention of recall order

  (2) Any person who contravenes a recall order referred to in subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding six months or to both.

• Marginal note:Notification of order

  (3) For greater certainty, a recall order is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under subsection (2) unless the person was notified of the order.

Marginal note:Regulations

19.1 The Governor in Council may make regulations respecting the recall of products regulated under an Act or provision that the Agency enforces or administers by virtue of section 11.

Review of Certain Measures

Marginal note:Review officer

19.2 The Minister may designate as review officers any individual or class of individuals that are qualified to conduct reviews under section 19.3.

Marginal note:Request for review

• 19.3 (1) On the request of a prescribed person in relation to a prescribed decision made under an Act or provision that the Agency enforces or administers by virtue of section 11, a review officer must conduct a review of the decision in the prescribed manner subject to the regulations and the other provisions of this section.

• Marginal note:Contents of request

  (2) The request must be made in the prescribed manner, contain the prescribed information and be made in the prescribed time after the making of the decision.

• Marginal note:Ineligibility

  (3) The review officer must be a person other than the one who made the decision.

• Marginal note:Restriction

  (4) The review is restricted to questions of fact alone or questions of mixed law and fact.

• Marginal note:No authority to review

  (5) The review is not to be conducted if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

• Marginal note:Reasons for refusal

  (6) If subsection (5) applies, the person who made the request is to be, without delay, notified in writing of the reasons for the review not being conducted.

• Marginal note:Decision not stayed

  (7) The conduct of the review does not stay the decision unless the review officer decides otherwise.

• Marginal note:Decision on completion of review

  (8) On completion of the review, the review officer must confirm, vary or cancel the decision.

• Marginal note:Notice

  (9) The person who made the request must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (8).

• Marginal note:Regulations

  (10) The Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

Establishment of Federal-Provincial Corporations

Marginal note:Federal-provincial agreements

20 The Minister may, with the approval of the Governor in Council given on the recommendation of the Minister of Finance, enter into an agreement with one or more provincial governments for the provision of services or the carrying out of activities within the responsibilities of the Agency, in common with those governments.

Marginal note:Object of agreements

21 The agreement referred to in section 20 may authorize the Minister, jointly with one or more provincial governments, to have a corporation incorporated under the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act or an equivalent provincial statute, or to acquire shares or participate in any corporation, in order to implement the agreement.

Corporate Business Plan and Annual Report

Marginal note:Corporate business plan

• 22 (1) As soon as possible after the Agency is established and at least once every five years after that, the Agency must submit a corporate business plan to the Minister for approval and the Minister must table a copy of the plan in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister approves the plan.

• Marginal note:Contents of corporate business plan

  (2) The corporate business plan must include a statement of

  • (a) the Agency’s objectives for the period to which the plan relates and for each year in that period;

  • (b) the strategies that the Agency intends to use to achieve its objectives, including operational, financial and human resource strategies;

  • (c) the Agency’s expected performance over that period; and

  • (d) the Agency’s operating and capital budgets for each year of that period.

• Marginal note:Updating of corporate business plan

  (3) The Agency may update its corporate business plan in its annual report.

Marginal note:Annual report

• 23 (1) The President must, before September 30 of each year following the Agency’s first full year of operations, submit an annual report on the operations of the Agency for the preceding year to the Minister and the Minister must table a copy of the report in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

• Marginal note:Form and contents

  (2) The annual report must include

  • (a) the financial statements of the Agency;

  • (b) information about the Agency’s performance with respect to the objectives established in the corporate business plan; and

  • (c) any other information that the Minister or the Treasury Board may require to be included in it.

Fees and Expenditures

Marginal note:Fees for services or use of facilities

• 24 (1) Subject to the regulations, the Minister may fix the fees to be paid for a service or the use of a facility provided by the Agency.

• Marginal note:Amount not to exceed cost

  (2) Fees fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

25 Subject to the regulations, the Minister may fix fees in respect of products, rights and privileges provided by the Agency.

Marginal note:Service Fees Act

25.1 Sections 3 to 15 of the Service Fees Act do not apply to a fee fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or to a fee fixed under section 25 in respect of products, rights and privileges provided by the Agency under that Act.