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

Act current to 2013-04-29 and last amended on 2005-12-12. Previous Versions

Marginal note:Seizure

 Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize and detain any agricultural product or other thing

  • (a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

SEARCH

Marginal note:Warrant
  •  (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place an agricultural product, record, document or other thing

    • (a) by means of or in relation to which this Act or the regulations have been contravened or are suspected of having been contravened, or

    • (b) that there are reasonable grounds to believe will afford evidence in respect of a contravention of this Act or the regulations,

    the justice may at any time issue a warrant authorizing an inspector to enter and search the place for the agricultural product, record, document or thing and to seize it.

  • Marginal note:Search and seizure powers

    (2) An inspector who executes a warrant issued under subsection (1) may exercise the powers described in section 21 and may seize, in addition to any thing mentioned in the warrant, any agricultural product or other thing

    • (a) by means of or in relation to which the inspector believes on reasonable grounds that this Act or the regulations have been contravened; or

    • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

  • Marginal note:Execution of search warrant

    (3) A warrant issued under subsection (1) shall be executed by day unless the justice authorizes its execution by night.

  • Marginal note:Where warrant not necessary

    (4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain a warrant.

DISPOSITION OF THINGS SEIZED

Marginal note:Storage and removal
  •  (1) A thing seized and detained under this Act may be stored by an inspector, or by any person designated by an inspector, in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for storage and the costs of storage or removal shall be paid by the owner of the thing or by the person who was in possession of it at the time of its seizure.

  • Marginal note:Perishable agricultural products

    (2) An inspector who seizes a perishable agricultural product under this Act may dispose of or destroy the product and any proceeds realized from its disposition shall be paid to the Receiver General.