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

Marginal note:Warrant required to enter dwelling-place
  •  (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) Where on ex parte application a justice is satisfied by information on oath that

    • (a) the conditions for entry described in section 21 exist in relation to a dwelling-place,

    • (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

    • (c) entry to the dwelling-place has been refused or that there are reasonable grounds for believing that entry will be refused,

    the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (3) An inspector who executes a warrant issued under subsection (2) 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 of peace officers

    (4) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.

Marginal note:Seizure

 Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize and detain any agricultural product or other thing

  • (a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

Search

Marginal note:Warrant
  •  (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place an agricultural product, record, document or other thing

    • (a) by means of or in relation to which this Act or the regulations have been contravened or are suspected of having been contravened, or

    • (b) that there are reasonable grounds to believe will afford evidence in respect of a contravention of this Act or the regulations,

    the justice may at any time issue a warrant authorizing an inspector to enter and search the place for the agricultural product, record, document or thing and to seize it.

  • Marginal note:Search and seizure powers

    (2) An inspector who executes a warrant issued under subsection (1) may exercise the powers described in section 21 and may seize, in addition to any thing mentioned in the warrant, any agricultural product or other thing

    • (a) by means of or in relation to which the inspector believes on reasonable grounds that this Act or the regulations have been contravened; or

    • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or the regulations.

  • Marginal note:Execution of search warrant

    (3) A warrant issued under subsection (1) shall be executed by day unless the justice authorizes its execution by night.

  • Marginal note:Where warrant not necessary

    (4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain a warrant.

Disposition of Things Seized

Marginal note:Storage and removal
  •  (1) A thing seized and detained under this Act may be stored by an inspector, or by any person designated by an inspector, in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for storage and the costs of storage or removal shall be paid by the owner of the thing or by the person who was in possession of it at the time of its seizure.

  • Marginal note:Perishable agricultural products

    (2) An inspector who seizes a perishable agricultural product under this Act may dispose of or destroy the product and any proceeds realized from its disposition shall be paid to the Receiver General.

Marginal note:Redelivery on deposit of security

 In proceedings for a violation the Tribunal may, and in proceedings for an offence under this Act the court in which the proceedings are or may be brought may, with the consent of the Minister, order redelivery of a thing seized under this Act, or delivery of any proceeds realized from its disposition under section 25, to the person from whom the thing was seized if security is given to the Minister in an amount and form satisfactory to the Minister.

  • R.S., 1985, c. 20 (4th Supp.), s. 26;
  • 1995, c. 40, s. 38.
Marginal note:Detention
  •  (1) A thing seized under this Act, or the proceeds realized from its disposition under section 25, shall not be detained after

    • (a) an inspector determines that the thing is in conformity with the provisions of this Act and the regulations, 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:Application for return

    (2) Subject to subsection 28(2), where proceedings are instituted in accordance with subsection (1) in respect of a thing seized, other than an agricultural product bearing an agricultural product legend or a grade name, the owner of the thing or the person in possession of it at the time of its seizure may apply

    • (a) in the case of a violation, to the Tribunal, or

    • (b) in the case of an offence, to the court before which the proceedings are being held,

    for an order that the thing be returned.

  • Marginal note:Order

    (3) Where the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

  • R.S., 1985, c. 20 (4th Supp.), s. 27;
  • 1995, c. 40, s. 39.
Marginal note:Forfeiture
  •  (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Forfeiture without conviction

    (2) Where the owner of a thing seized under this Act or the person in possession of it at the time of its seizure consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada.

  • R.S., 1985, c. 20 (4th Supp.), s. 28;
  • 1993, c. 34, s. 12(F);
  • 1995, c. 40, s. 40.
Marginal note:Disposal of forfeited things
  •  (1) Where proceedings mentioned in subsection 27(1) are instituted within the time provided in that subsection and, at the final conclusion of those proceedings, the Tribunal or court orders the forfeiture of a seized thing, it may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations, unless the Minister directs otherwise.

  • Marginal note:Return of seized things where no forfeiture ordered

    (2) Where the Tribunal or court does not order the forfeiture of the thing seized, it shall be returned to the person from whom it was seized or any proceeds realized from its disposition or any security given for it shall be returned to that person.

  • Marginal note:Exception

    (3) Where the Tribunal decides that the person from whom a thing was seized has committed a violation, or a person from whom a thing was seized is convicted of an offence under this Act, the thing, any proceeds realized from its disposition or any security given for it may be retained until the penalty or fine, as the case may be, is paid, or the thing may be sold under execution in satisfaction of the penalty or fine or the proceeds or the security or any part thereof may be applied in payment of the penalty or fine.

  • R.S., 1985, c. 20 (4th Supp.), s. 29;
  • 1993, c. 34, s. 13(F);
  • 1995, c. 40, s. 41.

Illegal Import

Marginal note:Notice for removal
  •  (1) Where an inspector believes on reasonable grounds that an agricultural product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada.

  • Marginal note:Forfeiture and disposal

    (2) Where an agricultural product is not removed from Canada within the period specified for its removal in a notice delivered or sent under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the agricultural product shall, notwithstanding section 27, be forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the importer, in accordance with the regulations, unless the Minister directs otherwise.

  • R.S., 1985, c. 20 (4th Supp.), s. 30;
  • 1995, c. 40, s. 42(F).
 
Date modified: