Consumer Packaging and Labelling Act

Marginal note:Offence by employee or agent

• 21 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• Marginal note:Limitation period for offences respecting food

  (2.1) Any proceedings by way of summary conviction for an offence referred to in subsection 20(2.1) may be instituted within two years after the time when the subject-matter of the proceedings becomes known to the Minister.

• Marginal note:Minister’s certificate

  (2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

• Marginal note:Venue

  (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.