17 (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 or judge, as the case may be, may, in addition to any penalty or punishment imposed, order that any meat product or other thing by means of or in relation to which the violation or offence was committed be forfeited to Her Majesty in right of Canada, and on the making of the order the meat product or other thing may be disposed of as the Minister may direct.
Marginal note:Tribunal or court to consider forfeiture
(2) Where no party raises the question of forfeiture under subsection (1), the Tribunal or court shall consider the question on its own motion.
Marginal note:Forfeiture on consent
(3) Where the owner of a meat product or other thing seized under this Act or the person in possession of it at the time of seizure consents to its disposal, it is thereupon forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person consenting to the disposal.
- R.S., 1985, c. 25 (1st Supp.), s. 17;
- 1995, c. 40, s. 68.
Marginal note:Non-complying import — notice for removal
18 (1) Where an inspector believes on reasonable grounds that any meat product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the inspector seizes the meat product pursuant to section 15, require the importer to remove it from Canada by giving the importer a notice for its removal delivered to the importer personally or sent by registered mail to the importer’s business address in Canada.
Marginal note:Forfeiture and disposal
(2) Where any meat product is not removed from Canada within a period of ninety days after a notice for its removal was delivered or sent to the importer under subsection (1), or within such longer period after the delivery or sending of the notice as may be authorized by the Minister, it shall, notwithstanding section 16, be forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the importer.
Marginal note:Evidence of financial responsibility
19 The Minister may require any person or class of persons importing meat products into Canada 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. 25 (1st Supp.), s. 19;
- 2001, c. 4, s. 99.
20 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations
(a) prescribing the meat inspection legend and the form and manner in which, terms and conditions on which, persons by whom and things in connection with which it may be applied or used;
(b) governing the registration of establishments and the licensing of the operators thereof, and prescribing the fees payable therefor;
(c) providing for the cancellation and suspension of the registration of registered establishments;
(d) governing the design, construction and maintenance of registered establishments and of the equipment and facilities therein;
(e) respecting the operation and suspension of operation of registered establishments;
(f) prescribing the equipment and facilities to be used, the procedures to be followed and the standards to be maintained in registered establishments to ensure humane treatment and slaughter of animals and hygienic processing and handling of meat products;
(g) providing for the inspection of establishments and registered establishments and the animals and meat products in registered establishments and prescribing the fees payable therefor;
(h) providing for the reinspection of meat products in connection with which the meat inspection legend is applied or used and prescribing the fees payable therefor;
(i) prescribing standards for meat products that are prepared or stored in registered establishments, for meat products that enter into interprovincial or international trade and for meat products in connection with which the meat inspection legend is applied or used;
(j) prescribing standards for imported meat products;
(k) governing the packaging and labelling of meat products and prescribing the specifications for the packages and labels;
(l) respecting the withholding from slaughter of animals and the inspection, holding, treatment, condemnation, confiscation and disposal of animals, meat products or other things in registered establishments that are or are suspected on reasonable grounds of being injurious to health or otherwise in contravention of this Act or the regulations;
(m) respecting the inspection and disposal of imported meat products and prescribing the fees payable for such inspection;
(n) providing for systems for ascertaining the places of origin of the animals to be slaughtered in registered establishments;
(o) prescribing the manner of seizing and detaining anything under this Act and providing for the safe-keeping and disposal of anything seized, detained or forfeited under this Act;
(p) respecting the storage, handling and transportation of meat products and the payment of expenses in connection with that storage;
(q) prohibiting the transportation of meat products unless they are properly packaged and labelled under this Act and the regulations and evidence satisfactory to the Minister is provided that they meet any other requirements of this Act and the regulations;
(r) exempting any person, establishment, registered establishment, animal, meat product or any class thereof from the application of this Act or the regulations or any provisions thereof, subject to such terms and conditions as the Governor in Council considers appropriate; and
(s) prescribing anything that by this Act is to be prescribed.
- R.S., 1985, c. 25 (1st Supp.), s. 20;
- 1993, c. 44, s. 184.
20.1 [Repealed, 1993, c. 44, s. 185]
Offences and Punishment
Marginal note:Contravention of paragraph 5(b) or 6(b)
21 (1) Every person who contravenes paragraph 5(b) or 6(b) by selling anything contrary thereto 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:Contravention of section 7, 8 or 10
(2) Every person who contravenes section 7 or 8 or who contravenes section 10 by selling any meat product contrary to subsection (1) or (2) thereof
Marginal note:Contravention of subsection 13(2) or regulations
(3) Every person who contravenes or fails to comply with subsection 13(2) or the regulations is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000.
Marginal note:General offence
(4) Subject to subsections (1) to (3), every person who contravenes any provision of this Act 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.
Marginal note:Limitation period
(5) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time when the subject-matter of the prosecution becomes known to the Minister.
Marginal note:Minister’s certificate
(6) 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.
- R.S., 1985, c. 25 (1st Supp.), s. 21;
- 1995, c. 40, s. 69;
- 1997, c. 6, s. 74;
- 2015, c. 3, s. 131(E).
Marginal note:Imprisonment precluded in certain cases
Marginal note:Recovery of fines
(2) 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 person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Marginal note:Offence by employee or agent
23 In any 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, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
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