Marginal note:Disposal of forfeited things

• 29. (1) Where proceedings mentioned in subsection 27(1) are instituted within the time provided in that subsection and, at the final conclusion of those proceedings, the Tribunal or court orders the forfeiture of a seized thing, it may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations, unless the Minister directs otherwise.

• Marginal note:Return of seized things where no forfeiture ordered

  (2) Where the Tribunal or court does not order the forfeiture of the thing seized, it shall be returned to the person from whom it was seized or any proceeds realized from its disposition or any security given for it shall be returned to that person.

• Marginal note:Exception

  (3) Where the Tribunal decides that the person from whom a thing was seized has committed a violation, or a person from whom a thing was seized is convicted of an offence under this Act, the thing, any proceeds realized from its disposition or any security given for it may be retained until the penalty or fine, as the case may be, is paid, or the thing may be sold under execution in satisfaction of the penalty or fine or the proceeds or the security or any part thereof may be applied in payment of the penalty or fine.

Marginal note:Notice for removal

• 30. (1) Where an inspector believes on reasonable grounds that an agricultural product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada.

• Marginal note:Forfeiture and disposal

  (2) Where an agricultural product is not removed from Canada within the period specified for its removal in a notice delivered or sent under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the agricultural product shall, notwithstanding section 27, be forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the importer, in accordance with the regulations, unless the Minister directs otherwise.

Marginal note:Evidence of financial responsibility

31. The Minister may require any person or class of persons marketing agricultural products in import, export or interprovincial trade to provide evidence of financial responsibility in any form, including an insurance or indemnity bond, or a suretyship, that is satisfactory to the Minister.

Marginal note:Regulations

32. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act and, without limiting the generality of the foregoing, may make regulations

• (a) prescribing agricultural product legends and grade names and generally respecting agricultural product legends, grade names and other labels;

• (b) for the licensing, registration or accreditation of any activity or operation to which this Act applies, including regulations

  • (i) prescribing the records to be kept in respect of any licensed, registered or accredited activity or operation,

  • (ii) governing the registration of establishments and the licensing of dealers and operators of establishments,

  • (iii) governing the renewal, cancellation and suspension of the registration of establishments and the licences of dealers and operators of establishments,

  • (iv) providing for the accreditation of operations involving inspection, analysis or grading, and

  • (v) requiring dealers or operators of establishments to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the terms and conditions of any licence or registration issued to them and providing for the forfeiture of the bonds, suretyships or other security if they fail to comply with those terms and conditions;

• (c) governing the design, construction, hygiene, sanitation and maintenance of registered establishments and of the equipment and facilities in them and governing

  • (i) the operation of registered establishments and the suspension of their operations, and

  • (ii) the procedures to be followed and the standards to be maintained in registered establishments for the preparation of agricultural products;

• (d) providing for the inspection of establishments and the inspection, analysis, testing, grading and sampling of agricultural products;

• (e) governing analyses related to pesticide residues and any other dangerous or potentially dangerous substance that is found on, in or near agricultural products;

• (f) establishing grades and standards, including standards of wholesomeness, for agricultural products and establishing standards for containers;

• (g) regulating or prohibiting the preparation of any agricultural product;

• (h) providing for measures, including slaughter and destruction, to be taken respecting agricultural products or other things that

  • (i) are, or are suspected on reasonable grounds of being, injurious to health, or

  • (ii) do not meet, or are suspected on reasonable grounds of not meeting, the requirements of this Act and the regulations

  and prohibiting any slaughter or destruction that is not in accordance with those measures;

• (i) providing for systems to ascertain the places of origin or destination of agricultural products;

• (j) establishing requirements governing the seizure and detention of things under this Act, providing for the safe-keeping and disposal of things seized, detained or forfeited under this Act and regulating the inspection of places and the stopping of vehicles;

• (k) regulating or prohibiting the marketing of any agricultural product, other than a fresh or processed fruit or vegetable, in import, export or interprovincial trade and establishing terms and conditions governing that marketing;

• (l) regulating or prohibiting the marketing of any fresh or processed fruit or vegetable in import, export or interprovincial trade, including regulations

  • (i) establishing the terms and conditions governing that marketing,

  • (ii) defining fresh or processed fruits or vegetables,

  • (iii) controlling the consignment selling of fresh fruits and vegetables,

  • (iv) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or vegetable in import or interprovincial trade from any of the requirements of this Act or the regulations where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada of the fruit or vegetable or an equivalent fruit or vegetable, and

  • (v) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or vegetable in export trade from any of the requirements of this Act or the regulations;

• (m) prescribing agricultural products for the purposes of sections 9 to 12;

• (n) for exempting any person, establishment, agricultural product, class of agricultural products, container or other thing from the application of any or all of the provisions of this Act or the regulations;

• (o) providing for the collection of market information and statistics, the publication of studies dealing with the marketing of agricultural products and the conduct of surveys on any matter related to this Act or the regulations; and

• (p) prescribing any fees or charges required for the administration of this Act or the regulations and the interest that shall accrue on unpaid fees or charges.