Marginal note:Officers, etc., of corporations
36 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note:Offences by employees or agents
37 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 the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
38 A prosecution for an offence under this Act may be instituted, heard and determined
(a) in the place where the offence was committed or the subject-matter of the prosecution arose;
(b) where the accused was apprehended; or
(c) where the accused happens to be or is carrying on business.
Marginal note:Unpaid fees or charges
39 Where any fees or charges imposed under this Act or the regulations, or any interest thereon, are unpaid, they may be recovered from the person on whom they were imposed as a debt due to Her Majesty in right of Canada.
Marginal note:Admissibility of certain documents
40 (1) In any proceedings for a violation, or for an offence under this Act, a certificate or report of an analyst, inspector or grader, purporting to have been signed by the analyst, inspector or grader, and stating the results of the relevant analysis, inspection or grading, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is proof of the matters asserted in the certificate or report.
Marginal note:Copies of documents
(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any book, record or document made by an inspector under paragraph 21(1)(c) or (2)(b) or subsection 24(2) or (4) and appearing to have been certified under the inspector’s signature as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy and extract and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
(3) No certificate, report, copy or extract referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, copy or extract.
- R.S., 1985, c. 20 (4th Supp.), s. 40;
- 1995, c. 40, s. 44.
Marginal note:Evidence of identification
41 In any proceedings for a violation, or for an offence under this Act, proof that an agricultural product or its container bore
(a) a name and address purporting to be that of the person who prepared it, or
(b) a registered number or registered brand mark purporting to be that of the establishment where it was prepared,
is proof, in the absence of evidence to the contrary, that the agricultural product was prepared by the person or at the establishment whose name, address, registered number or registered brand mark appeared on the agricultural product or container.
- R.S., 1985, c. 20 (4th Supp.), s. 41;
- 1995, c. 40, s. 45.
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