Marginal note:Deemed possession for use in trade

36. Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade.

Marginal note:Offence by employee or agent or mandatary

• 37. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or 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 their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Venue

  (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Certificates of Minister

• 38. (1) In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act, a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Certificates of inspectors

  (2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector pursuant to subsection 19(1) and to have been signed by the inspector who made the inspection is evidence of the matters stated therein relating to the inspection without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of inspector

  (3) The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

• Marginal note:Notice

  (4) No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate.