Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))

Act current to 2017-10-13 and last amended on 2015-02-26. Previous Versions

Enforcement of Decisions and Orders

Marginal note:Filing in Federal Court
  •  (1) Subject to subsection (3), any person affected by a decision or order of the Board made under subsection 9(2), if it is final, or a decision or order of the Tribunal made under subsection 10(2), may file in the Federal Court for immediate registration a copy of the decision or order, exclusive of any reasons given for it, but the decision or order shall not be filed until at least thirty days after the day on which the decision or order was made.

  • Marginal note:Effect of filing

    (2) On filing in the Federal Court, a decision or order shall be registered in that Court and, when registered, it shall have the same force and effect, and all proceedings may be taken, as if the decision or order were a judgment obtained in that Court.

  • Marginal note:Staying filing

    (3) The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the Tribunal.

  • Marginal note:Definition

    (4) In subsection (1), the expression order of the Board includes an order as varied by the Tribunal, but does not include an order made by a decision that has been cancelled by the Tribunal.

  • R.S., 1985, c. 20 (4th Supp.), s. 11;
  • 1995, c. 40, s. 35.
Marginal note:Exclusive jurisdiction
  •  (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is given jurisdiction by this Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.

  • Marginal note:Review by Federal Court

    (2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be reviewed under the Federal Courts Act.

  • R.S., 1985, c. 20 (4th Supp.), s. 12;
  • 1990, c. 8, s. 42;
  • 1995, c. 40, s. 36;
  • 2002, c. 8, s. 182.
Marginal note:Chairperson
  •  (1) The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of the Tribunal:

    • (a) applications under subsection 10(1);

    • (b) requests under subsection 8(1) or 12(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act for a review in respect of a notice of violation that contains a warning; and

    • (c) requests under paragraph 9(2)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation that sets out a penalty of less than $2,000.

  • Marginal note:Other legally qualified members

    (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in subsection 4.1(2).

  • 1995, c. 40, s. 36;
  • 2015, c. 3, s. 11.
Marginal note:Reviews under other Act

 Reviews by the Tribunal under the Agriculture and Agri-Food Administrative Monetary Penalties Act shall be heard by a single member of the Tribunal.

  • 1995, c. 40, s. 36.

Registered Establishments and Accredited Laboratories

Marginal note:Registered establishments

 It shall be a condition of the registration and operation of an establishment as a registered establishment under this Act that the establishment and all agricultural products in it are subject to this Act and the regulations.

Marginal note:Accredited laboratories

 For the purpose of administering this Act and the regulations, the Minister may designate as an accredited laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections, grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products.

National Trade-marks

Marginal note:National trade-marks

 Every agricultural product legend and every grade name is a national trade-mark and the exclusive property in the trade-mark and, subject to this Act, the right to the use of the trade-mark are hereby vested in Her Majesty in right of Canada.

Marginal note:Use of similar legend or grade name

 No person shall

  • (a) apply or use a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name; or

  • (b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in connection with which there is used a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name.

Trade in Agricultural Products

Marginal note:Prohibition

 No person shall, except in accordance with this Act or the regulations,

  • (a) market an agricultural product in import, export or interprovincial trade;

  • (b) possess an agricultural product for the purpose of marketing it in import, export or interprovincial trade; or

  • (c) possess an agricultural product that has been marketed in contravention of this Act or the regulations.

Marginal note:Presumption

 In any proceedings for a contravention of section 16 or 17, a person found in possession of an agricultural product in a quantity greater than is ordinarily necessary for a person’s own consumption shall be deemed, in the absence of evidence to the contrary, to have been in possession of the product for the purpose of marketing it.

  • R.S., 1985, c. 20 (4th Supp.), s. 18;
  • 1995, c. 40, s. 37.

Administrative Officers

Marginal note:Designation
  •  (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders 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 this Act, an inspector shall show the certificate to the person in charge of the place on request.

  • (3) [Repealed, 1997, c. 6, s. 39]

  • Marginal note:Obstruction of administrative officers

    (4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations.

  • Marginal note:Interference

    (5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or detained under this Act or the regulations.

  • R.S., 1985, c. 20 (4th Supp.), s. 19;
  • 1997, c. 6, s. 39;
  • 2005, c. 38, s. 33.
Marginal note:Designation of methods and equipment

 The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying out duties and functions under this Act or the regulations.

Inspection

Marginal note:Powers of inspectors
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector may

    • (a) open any container that the inspector believes on reasonable grounds contains an agricultural product;

    • (b) inspect any agricultural product or other thing and take samples of it free of charge; and

    • (c) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations.

  • Marginal note:Operation of data processing systems and copying equipment

    (2) In carrying out an inspection under this section, an inspector may

    • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

    • (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

  • Marginal note:Assistance to inspectors

    (3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act or the regulations as the inspector may reasonably require.

 
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