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

Act current to 2016-05-12 and last amended on 2015-02-26. Previous Versions

Financial Responsibility

Marginal note:Evidence of financial responsibility

 The Minister may require any person or class of persons marketing agricultural products in import, export or interprovincial trade to provide evidence of financial responsibility in any form, including an insurance or indemnity bond, or a suretyship, that is satisfactory to the Minister.

  • R.S., 1985, c. 20 (4th Supp.), s. 31;
  • 2001, c. 4, s. 63.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act and, without limiting the generality of the foregoing, may make regulations

  • (a) prescribing agricultural product legends and grade names and generally respecting agricultural product legends, grade names and other labels;

  • (b) for the licensing, registration or accreditation of any activity or operation to which this Act applies, including regulations

    • (i) prescribing the records to be kept in respect of any licensed, registered or accredited activity or operation,

    • (ii) governing the registration of establishments and the licensing of dealers and operators of establishments,

    • (iii) governing the renewal, cancellation and suspension of the registration of establishments and the licences of dealers and operators of establishments,

    • (iv) providing for the accreditation of operations involving inspection, analysis or grading, and

    • (v) requiring dealers or operators of establishments to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the terms and conditions of any licence or registration issued to them and providing for the forfeiture of the bonds, suretyships or other security if they fail to comply with those terms and conditions;

  • (c) governing the design, construction, hygiene, sanitation and maintenance of registered establishments and of the equipment and facilities in them and governing

    • (i) the operation of registered establishments and the suspension of their operations, and

    • (ii) the procedures to be followed and the standards to be maintained in registered establishments for the preparation of agricultural products;

  • (d) providing for the inspection of establishments and the inspection, analysis, testing, grading and sampling of agricultural products;

  • (e) governing analyses related to pesticide residues and any other dangerous or potentially dangerous substance that is found on, in or near agricultural products;

  • (f) establishing grades and standards, including standards of wholesomeness, for agricultural products and establishing standards for containers;

  • (g) regulating or prohibiting the preparation of any agricultural product;

  • (h) providing for measures, including slaughter and destruction, to be taken respecting agricultural products or other things that

    • (i) are, or are suspected on reasonable grounds of being, injurious to health, or

    • (ii) do not meet, or are suspected on reasonable grounds of not meeting, the requirements of this Act and the regulations

    and prohibiting any slaughter or destruction that is not in accordance with those measures;

  • (i) providing for systems to ascertain the places of origin or destination of agricultural products;

  • (j) establishing requirements governing the seizure and detention of things under this Act, providing for the safe-keeping and disposal of things seized, detained or forfeited under this Act and regulating the inspection of places and the stopping of vehicles;

  • (k) regulating or prohibiting the marketing of any agricultural product, other than a fresh or processed fruit or vegetable, in import, export or interprovincial trade and establishing terms and conditions governing that marketing;

  • (l) regulating or prohibiting the marketing of any fresh or processed fruit or vegetable in import, export or interprovincial trade, including regulations

    • (i) establishing the terms and conditions governing that marketing,

    • (ii) defining fresh or processed fruits or vegetables,

    • (iii) controlling the consignment selling of fresh fruits and vegetables,

    • (iv) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or vegetable in import or interprovincial trade from any of the requirements of this Act or the regulations where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada of the fruit or vegetable or an equivalent fruit or vegetable, and

    • (v) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or vegetable in export trade from any of the requirements of this Act or the regulations;

  • (m) prescribing agricultural products for the purposes of sections 9 to 12;

  • (n) for exempting any person, establishment, agricultural product, class of agricultural products, container or other thing from the application of any or all of the provisions of this Act or the regulations;

  • (o) providing for the collection of market information and statistics, the publication of studies dealing with the marketing of agricultural products and the conduct of surveys on any matter related to this Act or the regulations; and

  • (p) prescribing any fees or charges required for the administration of this Act or the regulations and the interest that shall accrue on unpaid fees or charges.

  • R.S., 1985, c. 20 (4th Supp.), s. 32;
  • 2001, c. 4, s. 64(E).

Offence and Punishment

Marginal note:Indictable or summary conviction offences
  •  (1) Every person who contravenes any provision of this Act or the regulations

    • (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Time limit

    (2) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

  • Marginal note:Minister’s certificate

    (3) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

  • R.S., 1985, c. 20 (4th Supp.), s. 33;
  • 1995, c. 40, s. 43.
Marginal note:Ticket offences
  •  (1) The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which

    • (a) notwithstanding the provisions of the Criminal Code, an inspector may issue and serve a summons by completing a ticket in the prescribed form, signing it and delivering it to the accused; or

    • (b) the summons may be served by mailing it to the accused at the latest known address of the accused.

  • Marginal note:Failure to respond to ticket

    (2) Where a person is served with a ticket and does not enter a plea within the prescribed time, a justice shall examine the ticket and

    • (a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or

    • (b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations for the purposes of applying this section, including regulations prescribing the amount of the fine for any offence and establishing a procedure for entering a plea of guilty and paying the fine.

  • Marginal note:Repeated offences

    (4) The amount of the fine for an offence may be prescribed to be higher with respect to persons who are convicted of the offence for a second or further time.

Marginal note:Recovery of fines

 Where a person is convicted of an offence under this Act and a fine imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

 
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