Fertilizers Act (R.S.C., 1985, c. F-10)

Act current to 2013-04-29 and last amended on 2006-06-28. Previous Versions

Marginal note:Obstruction of inspectors

  • 8. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.

  • Marginal note:False statements

    (2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.

  • R.S., c. F-9, s. 8.
Marginal note:Seizure

  • 9. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

  • Marginal note:Detention

    (2) Any article seized pursuant to subsection (1) shall not be detained after

    • (a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or

    • (b) the expiration of six months after the day of the seizure,

    unless before that time proceedings have been instituted in respect of the contravention, in which event the article may be detained until the proceedings are finally concluded.

  • Marginal note:Forfeiture

    (3) 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, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.

  • R.S., 1985, c. F-10, s. 9;
  • 1995, c. 40, s. 51.

OFFENCES AND PUNISHMENT

Marginal note:Contravention of Act or regulations

10. Every person who, or whose employee or agent, contravenes any provision of this Act or any regulation made under paragraph 5(i) or (j) is guilty of

  • (a) 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) 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.

  • R.S., 1985, c. F-10, s. 10;
  • 1995, c. 40, s. 52.
Marginal note:Limitation period

  • 10.1 (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister.

  • Marginal note:Minister’s certificate

    (2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

  • 1997, c. 6, s. 50.