An Act to regulate agricultural fertilizersFertilizers ActFertilizers201105
30
F-10SHORT TITLE
Short titleThis Act may be cited as the Fertilizers Act.
  • R.S., c. F-9, s. 1.
INTERPRETATION
DefinitionsIn this Act,analystanalysteanalyst means a person designated as an analyst pursuant to section 6;fertilizerengraisfertilizer means any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient;inspectorinspecteurinspector means a person designated as an inspector pursuant to section 6;labelétiquettelabel includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any fertilizer, supplement or package;MinisterministreMinister means the Minister of Agriculture and Agri-Food;packageemballagepackage includes a sack, bag, barrel, case or any other container in which fertilizers or supplements are placed or packed;penaltysanctionpenalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;prescribedVersion anglaise seulementprescribed means prescribed by regulation;sellventesell includes sell, offer for sale, expose for sale, have in possession for sale and distribute;supplementsupplémentsupplement means any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields;TribunalCommissionTribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;violationviolationviolation means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
  • R.S., 1985, c. F-10, s. 2;
  • 1994, c. 38, s. 25;
  • 1995, c. 40, s. 50;
  • 1997, c. 6, s. 48.
PROHIBITIONS
Absence of registration, etc.No person shall sell, or import into Canada, any fertilizer or supplement unless the fertilizer or supplementhas been registered as prescribed;conforms to prescribed standards; andis packaged and labelled as prescribed.
  • R.S., c. F-9, s. 3.
Destructive ingredients or harmful propertiesNo person shall sell any fertilizer or supplement that contains destructive ingredients or properties harmful to plant growth when used according to the directions that accompany the fertilizer or supplement or that appear on the label of the package in which the fertilizer or supplement is contained.
  • R.S., c. F-9, s. 9.
REGULATIONS
RegulationsThe Governor in Council may make regulationsprescribing the form in which applications for registration of fertilizers and supplements shall be made and the information to be furnished therewith;respecting the registration of fertilizers and supplements and prescribing fees for registration;respecting the duration and cancellation of the registration of fertilizers and supplements;exempting any fertilizer or supplement or any person from the operation of all or any of the provisions of this Act;prescribing the form, composition and other standards for fertilizers and supplements;respecting the packaging of fertilizers and supplements and the labelling of packages thereof;respecting the taking of samples and the making of analyses for the purposes of this Act;providing that fertilizers registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;respecting the detention, preservation and safeguarding of anything seized under section 9;respecting the disposition of anything forfeited under section 9;prescribing anything else that by this Act is required to be prescribed; andgenerally, for carrying out the purposes and provisions of this Act.Regulations re North American Free Trade Agreement and WTO AgreementWithout limiting the authority conferred by subsection (1), the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to fertilizers or supplements, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.DefinitionsIn subsection (2),North American Free Trade AgreementAccord de libre-échange nord-américainNorth American Free Trade Agreement has the meaning given to the word "Agreement" by subsection 2(1) of the North American Free Trade Agreement Implementation Act;WTO AgreementAccord sur l’OMCWTO Agreement has the meaning given to the word "Agreement" by subsection 2(1) of the World Trade Organization Agreement Implementation Act.
  • R.S., 1985, c. F-10, s. 5;
  • 1993, c. 44, s. 155;
  • 1994, c. 47, s. 115;
  • 2002, c. 28, s. 84.
Previous Version
ENFORCEMENT
Designation of inspectors and analystsThe President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act.DesignationThe President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.Certificate to be producedInspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
  • R.S., 1985, c. F-10, s. 6;
  • 1997, c. 6, s. 49;
  • 2005, c. 38, s. 113.
Previous Version
Powers of inspectorsSubject to subsection (1.1), an inspector may at any reasonable timeenter any place in which the inspector believes on reasonable grounds there is any article to which this Act applies;open any package found in that place that the inspector believes on reasonable grounds contains any such article; andexamine the article and take samples thereof.Warrant required to enter dwelling-houseWhere any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).Authority to issue warrantWhere on ex parte application a justice of the peace is satisfied by information on oaththat the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, andthat entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.Use of forceIn executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.Assistance to inspectorsThe owner or person in charge of any place described in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.
  • R.S., 1985, c. F-10, s. 7;
  • R.S., 1985, c. 31 (1st Supp.), s. 9.
Obstruction of inspectorsNo person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.False statementsNo person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.
  • R.S., c. F-9, s. 8.
SeizureWhere an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.DetentionAny article seized pursuant to subsection (1) shall not be detained afterthe provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, orthe expiration of six months after the day of the seizure,unless before that time proceedings have been instituted in respect of the contravention, in which event the article may be detained until the proceedings are finally concluded.ForfeitureWhere the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.
  • R.S., 1985, c. F-10, s. 9;
  • 1995, c. 40, s. 51.
OFFENCES AND PUNISHMENT
Contravention of Act or regulationsEvery person who, or whose employee or agent, contravenes any provision of this Act or any regulation made under paragraph 5(i) or (j) is guilty ofan offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; oran indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.
  • R.S., 1985, c. F-10, s. 10;
  • 1995, c. 40, s. 52.
Limitation periodA prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister.Minister’s certificateA document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution 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.
  • 1997, c. 6, s. 50.
Offence by employee or agentIn 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 agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence.
  • R.S., c. F-9, s. 10.
Certificate of analystIn any proceedings for a violation, or for an offence under this Act, a certificate of an analyst stating that the analyst has analyzed or examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is evidence of the statement contained in the certificate.
  • R.S., 1985, c. F-10, s. 12;
  • 1995, c. 40, s. 53.
VenueA complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.
  • R.S., 1985, c. F-10, s. 13;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
RELATED PROVISIONS — 1997, c. 6, s. 50(2)