Fish Inspection Act (R.S.C., 1985, c. F-12)

Act current to 2016-08-15 and last amended on 2005-12-12. Previous Versions

Fish Inspection Act

R.S.C., 1985, c. F-12

An Act respecting the inspection of fish and marine plants

Short Title

Marginal note:Short title

 This Act may be cited as the Fish Inspection Act.

  • R.S., c. F-12, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

container

contenant

container means any type of receptacle, package, wrapper or confining band used in packing or marketing fish; (contenant)

establishment

établissement

establishment means any place where fish are processed for export or stored for export; (établissement)

fish

poisson

fish means any fish, including shellfish and crustaceans, and marine animals, and any parts, products or by-products thereof; (poisson)

inspection certificate

certificat d’inspection

inspection certificate means a certificate of inspection issued under this Act; (certificat d’inspection)

inspector

inspecteur

inspector means a person designated as an inspector pursuant to section 17; (inspecteur)

marine plant

plante marine

marine plant includes Irish moss, kelp and other salt water plants, and any products or by-products thereof; (plante marine)

Minister

ministre

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

processing

transformation

processing includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner. (transformation)

  • R.S., 1985, c. F-12, s. 2;
  • 1997, c. 6, s. 52.

PART IFish and Fish Containers

Marginal note:Regulations

 The Governor in Council may, for the purpose of regulating the export or import of fish and containers, make regulations

  • (a) prescribing grades, quality and standards of fish;

  • (b) defining, for the purposes of section 10, the expressions "tainted", "decomposed" and "unwholesome";

  • (c) respecting the processing, storing, grading, packaging, marking, transporting and inspection of fish;

  • (d) respecting the quality and specifications for containers and the marking and inspection of containers;

  • (e) requiring the registration of establishments and the licensing of persons engaged as principals or agents in the export or import of fish or containers;

  • (f) prescribing the requirements for the equipment and sanitary operation of establishments, of premises operated by an importer for the purpose of importing fish, and of any boats, vehicles or other equipment used in connection with an establishment or in connection with fishing or the import or export of fish;

  • (g) prescribing fees for registration of establishments, issue of licences and grading and inspection services;

  • (h) prohibiting the sale or offering for sale or holding in possession for sale of any fish or containers under any grade name or standard prescribed by regulations made under this Part unless all the requirements of this Part and the regulations thereunder with respect thereto have been complied with, or under any name calculated to mislead or deceive;

  • (i) prescribing the manner in which samples of any fish may be taken;

  • (j) prohibiting or restricting any export or import of, or any attempt or offer to export or import, any fish or containers unless all the requirements of this Part and the regulations thereunder with respect thereto have been complied with; and

  • (k) establishing requirements governing the seizure and detention of fish and containers.

  • R.S., 1985, c. F-12, s. 3;
  • 1997, c. 6, s. 53.
Marginal note:Powers of inspectors
  •  (1) Subject to subsection (1.1), an inspector may at any time

    • (a) enter any place or premises, or any steamship, vessel or boat, or any railway car, truck, carriage, car, aircraft or other vehicle used for the carriage or storage of fish and may open any container that he has reason to believe contains fish;

    • (b) require to be produced for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading or other documents or papers; and

    • (c) take any samples for inspection.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where any place or premises 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:Interference with inspector

    (2) No person shall obstruct, impede or refuse to admit an inspector or other person acting in execution of this Part or any regulation made thereunder and no person shall aid or assist any person in obstructing, impeding or refusing to admit such an inspector or other person.

  • R.S., 1985, c. F-12, s. 4;
  • R.S., 1985, c. 31 (1st Supp.), s. 10.

 [Repealed, 1997, c. 6, s. 54]

Marginal note:Administering oaths

 For the purposes of this Part, inspectors may administer oaths and take and receive affidavits, declarations and solemn affirmations.

  • R.S., c. F-12, s. 6.
Marginal note:Seizure of fish and containers
  •  (1) An inspector may seize all fish, containers and other things by means of or in relation to which the inspector believes on reasonable grounds that an offence against this Part or any regulation made under it has been committed.

  • Marginal note:Detention of seized fish and containers

    (2) A thing seized under this Act, or the proceeds realized from its disposition, shall not be detained after

    • (a) an inspector determines that this Act and the regulations have been complied with in relation to the thing, or

    • (b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be prescribed,

    unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained until the proceedings are finally concluded.

  • Marginal note:Forfeiture

    (3) Where a person is convicted of an offence against this Part or any regulation made thereunder, in addition to any punishment imposed, the fish and containers by means of or in relation to which the offence was committed are, on the conviction, forfeited to Her Majesty and may be disposed of as the Minister may direct.

  • R.S., 1985, c. F-12, s. 7;
  • 1997, c. 6, s. 55.
Marginal note:Arrest without warrant
  •  (1) An inspector or constable may arrest without a warrant any person found committing an offence against this Part and shall forthwith take any person so arrested before a justice of the peace to be examined and dealt with according to law.

  • Marginal note:Limited detention

    (2) A person arrested pursuant to subsection (1) shall not be detained in custody for longer than twenty-four hours without an order of a justice of the peace.

  • R.S., c. F-12, s. 8.
 
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