Fertilizers Act (R.S.C., 1985, c. F-10)

Act current to 2016-05-12 and last amended on 2015-02-27. Previous Versions

Incorporation by Reference

Marginal note:Incorporation by reference
  •  (1) A regulation made under subsection 5(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 5(1), including any amendments to the document, is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 5(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 5(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2015, c. 2, s. 67.

Registrations and Licences

Marginal note:Persons
  •  (1) The Minister may, on application, register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — or both register a person and issue them a licence.

  • Marginal note:Conditions — regulations

    (2) The registration and the licence are subject to the prescribed conditions.

  • Marginal note:Conditions — Minister

    (3) The Minister may make a registration or licence subject to any additional conditions that he or she considers appropriate.

  • Marginal note:Obligation to comply

    (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

  • Marginal note:No transfer

    (5) The registration or licence is not transferable.

  • 2015, c. 2, s. 67.
Marginal note:Establishments
  •  (1) The Minister may, on application, register an establishment as one where a prescribed activity may be conducted in respect of a prescribed fertilizer or supplement that has been imported for sale or that is to be exported or to be sent or conveyed from one province to another.

  • Marginal note:Holder

    (2) The applicant in respect of an establishment is the holder of the registration.

  • Marginal note:Conditions — regulations

    (3) The registration is subject to the prescribed conditions.

  • Marginal note:Conditions — Minister

    (4) The Minister may make a registration subject to any additional conditions that he or she considers appropriate.

  • Marginal note:Obligation to comply

    (5) The holder of the registration must comply with all the conditions to which the registration is subject.

  • Marginal note:No transfer

    (6) The registration is not transferable.

  • 2015, c. 2, s. 67.
Marginal note:Amendment, suspension, cancellation and renewal

 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 5.2(1) or 5.3(1) or a licence issued under subsection 5.2(1).

  • 2015, c. 2, s. 67.

General

Marginal note:Export certificates

 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any fertilizer or supplement.

  • 2015, c. 2, s. 67.
Marginal note:Disposition of samples

 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.

  • 2015, c. 2, s. 67.
Marginal note:Consideration of information

 In considering an application made under the regulations in relation to a fertilizer or supplement, the Minister may consider information that is available from a review or evaluation of a fertilizer or supplement conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states.

  • 2015, c. 2, s. 67.

Enforcement

Marginal note:Designation of inspectors and analysts
  •  (1) The 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.

  • Marginal note:Designation

    (1.1) The 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.

  • Marginal note:Certificate to be produced

    (2) Inspectors 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.
Marginal note:Powers of inspectors
  •  (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

    • (a) enter any place in which the inspector believes on reasonable grounds there is any article to which this Act applies;

    • (b) open any package found in that place that the inspector believes on reasonable grounds contains any such article;

    • (c) examine the article and take samples thereof; and

    • (d) remove anything from that place for the purpose of examination, conducting tests or taking samples.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where 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).

  • Marginal note:Authority to issue warrant

    (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) that 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.

  • Marginal note:Use of force

    (1.3) In 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.

  • Marginal note:Assistance to inspectors

    (2) The 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.

  • Marginal note:Provision of documents, information or samples

    (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

  • R.S., 1985, c. F-10, s. 7;
  • R.S., 1985, c. 31 (1st Supp.), s. 9;
  • 2015, c. 2, s. 68.
 
Date modified: