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.

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.

Marginal note:Contravention of Act or regulations

• 10. (1) Every person who, or whose employee or agent, contravenes any provision of this Act or the regulations 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.

• Marginal note:Offence by director or officer of corporation

  (2) Where a corporation commits an offence under this Act or the regulations, any director or officer of the corporation who authorizes or acquiesces in the offence or fails to exercise due diligence to prevent its commission is guilty of an offence and liable to the punishment provided for in subsection (1).

• Marginal note:Offence by employee or agent

  (3) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence.

• Marginal note:Limitation period

  (4) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the proceedings becomes known to the Minister.

• Marginal note:Minister’s certificate

  (5) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings 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.