Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))

Act current to 2016-06-06 and last amended on 2015-02-26. Previous Versions

Canada Agricultural Products Act

R.S.C., 1985, c. 20 (4th Supp.)

An Act to regulate the marketing of agricultural products in import, export and interprovincial trade and to provide for national standards and grades of agricultural products, for their inspection and grading, for the registration of establishments and for standards governing establishments

[1988, c. 27, assented to 7th July, 1988]

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Agricultural Products Act.

Interpretation

Marginal note:Definitions

 In this Act,

advertisement

promotion

advertisement means anything that directly or indirectly promotes the sale or other distribution of agricultural products; (promotion)

agricultural product

produit agricole

agricultural product means

  • (a) an animal, a plant or an animal or plant product,

  • (b) a product, including any food or drink, wholly or partly derived from an animal or a plant, or

  • (c) a product prescribed for the purposes of this Act; (produit agricole)

agricultural product legend

estampille

agricultural product legend means a legend prescribed for an agricultural product; (estampille)

analyst

analyste

analyst means an analyst designated pursuant to section 19; (analyste)

Board

Conseil

Board means the Board of Arbitration continued by subsection 4(1); (Conseil)

container

contenant

container means a receptacle, package, wrapper or confining band used or to be used in connection with an agricultural product; (contenant)

convey

acheminement

convey means, in respect of an agricultural product, sending or transporting the agricultural product; (acheminement)

dealer

marchand

dealer means a person who

  • (a) is engaged in the business of purchasing or selling agricultural products,

  • (b) negotiates consignments, sales, purchases or other transactions involving agricultural products,

  • (c) receives or handles, on commission, agricultural products, or

  • (d) is prescribed as a dealer for the purposes of this Act; (marchand)

establishment

établissement

establishment means a place where agricultural products are prepared; (établissement)

grade name

nom de catégorie

grade name means a prescribed name, mark or designation of a category and includes a standard prescribed for an agricultural product; (nom de catégorie)

grader

classificateur

grader means a grader designated pursuant to section 19; (classificateur)

inspector

inspecteur

inspector means an inspector designated pursuant to section 19; (inspecteur)

label

étiquetage

label means a label, legend, word, mark, symbol, design, imprint, stamp, brand, ticket or tag or any combination thereof that is, or is to be, applied or attached to an agricultural product or a container or that accompanies or is to accompany the product or container; (étiquetage)

marketing

commercialisation

marketing means the preparation and advertisement of agricultural products and includes the conveyance, purchase and sale of agricultural products and any other act necessary to make agricultural products available for consumption or use; (commercialisation)

Minister

ministre

Minister means the Minister of Agriculture and Agri-Food; (ministre)

penalty

sanction

penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)

person

personne

person means an individual, a corporation, an association or an organization; (personne)

place

lieu

place includes a vessel, an aircraft and a train or other surface vehicle; (lieu)

preparation

conditionnement

preparation includes, in respect of an agricultural product, processing, slaughtering, storing, inspecting, grading, packing, assembling, pricing, marking and labelling; (conditionnement)

prescribed

Version anglaise seulement

prescribed means prescribed by regulation; (Version anglaise seulement)

sell

vente

sell includes

  • (a) agreeing to sell or offering, keeping, exposing, transmitting, conveying or delivering for sale,

  • (b) selling by consignment,

  • (c) exchanging or agreeing to exchange, and

  • (d) disposing of or consenting to dispose of, in any manner, for a consideration; (vente)

Tribunal

Commission

Tribunal means the Review Tribunal continued by subsection 4.1(1); (Commission)

violation

violation

violation 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. (violation)

  • R.S., 1985, c. 20 (4th Supp.), s. 2;
  • 1994, c. 38, s. 25;
  • 1995, c. 40, s. 27;
  • 1997, c. 6, s. 38.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Board of Arbitration and Review Tribunal

Marginal note:Board of Arbitration continued
  •  (1) The Board of Arbitration, consisting of such members as are appointed by the Minister, one of whom shall be appointed as Chairperson and one as Vice-Chairperson, is hereby continued.

  • Marginal note:Tenure

    (2) Each member shall be appointed for a term of not more than five years and shall hold office during good behaviour, but may be removed by the Minister for cause.

  • Marginal note:Re-appointment

    (3) Each member may be re-appointed as a member in the same or another capacity.

  • R.S., 1985, c. 20 (4th Supp.), s. 4;
  • 1995, c. 40, s. 28.
Marginal note:Review Tribunal continued
  •  (1) The Review Tribunal, consisting of such members as are appointed by the Governor in Council, one of whom shall be appointed as Chairperson, is hereby continued.

  • Marginal note:Qualifications

    (2) A person is not eligible to be appointed a member of the Tribunal unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson of the Tribunal and at least one other member of the Tribunal must, in addition, be a barrister or advocate of at least ten years standing at the bar of any province or a notary of at least ten years standing at the Chambre des notaires du Québec.

  • Marginal note:Membership

    (3) The Chairperson of the Tribunal shall be appointed as a full-time member and the other members shall be appointed as either full-time members or part-time members of the Tribunal.

  • Marginal note:Tenure

    (4) Each member of the Tribunal shall be appointed for a term of not more than five years and shall hold office during good behaviour, but may be removed by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (5) Each member of the Tribunal may be re-appointed as a member in the same or another capacity.

  • 1995, c. 40, s. 29.
 
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