Marginal note:Certificates

4.1 The Minister shall, for the purposes of subparagraph 46(b.1)(iii) of the Canadian Wheat Board Act, issue certificates certifying that the applicable provisions of this Act and the regulations have been complied with in respect of seeds imported into Canada.

Marginal note:Designation of inspectors

• 5. (1) The President of the Canadian Food Inspection Agency may designate inspectors and analysts under section 13 of the Canadian Food Inspection Agency Act for the purposes 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 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.

Marginal note:Powers of inspectors

• 6. (1) Subject to subsection (1.1), an inspector may at any reasonable time

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

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

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

  • (d) require any person to produce for inspection or for the purpose of obtaining copies or extracts any books, shipping bills, bills of lading or other documents or papers with respect to the administration of this Act or the regulations.

• 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.