Marginal note:Contravention of Act, regulation, etc.

• 37. (1) Every person who

  • (a) contravenes any provision of this Act or of a marketing plan that an agency is authorized to implement,

  • (b) fails to comply with a requirement of the Council pursuant to paragraph 7(1)(h) or (i) that is applicable to him, or

  • (c) contravenes any order or regulation made by an agency under paragraph 22(1)(f) or (g) that has been approved by the Council,

  is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Offence by employee, etc.

  (2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (3) Any proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

• Marginal note:Evidence as to geographical origin

  (4) In any prosecution for an offence under this section,

  • (a) the act or omission complained of in respect of which the prosecution was instituted shall, unless the contrary is established, be deemed to relate to the production or marketing of a farm product in interprovincial or export trade or to the duties of a person engaged in the production or marketing thereof; and

  • (b) any farm product referred to in the information laid in respect of the offence shall, unless the contrary is established, be deemed to have been grown or produced in Canada or in the particular province or region in Canada, if any, alleged in the information.

Marginal note:Winding-up of an agency

38. The Governor in Council may order any agency established pursuant to this Act to wind up its affairs and may by proclamation dissolve any agency in respect of which such an order has been made, but an order or proclamation under this section becomes effective only on the expiration of ninety days after the date of publication thereof in the Canada Gazette.

Marginal note:Establishment of agencies

• 39. (1) The Governor in Council may, by proclamation, establish a promotion-research agency with powers relating to one or more farm products, where the Governor in Council is satisfied that the majority of the aggregate of the producers or, where the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all those farm products, in Canada or in the region to which the proclamation relates, is in favour of the establishment of such an agency.

• Marginal note:Plebiscites

  (2) The Governor in Council, in order to determine whether the majority referred to in subsection (1) is in favour of establishing an agency with powers relating to one or more farm products, may request that each province concerned carry out a plebiscite of the producers or the producers and importers, as the case may be.

• Marginal note:Agencies to be bodies corporate

  (3) An agency established pursuant to this Part is a body corporate.