Plant Protection Act (S.C. 1990, c. 22)
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Act current to 2013-04-29 and last amended on 2005-12-12. Previous Versions
Marginal note:Place of trial
56. A prosecution for an offence under this Act may be instituted, heard and determined in the place where
(a) the offence was committed or the subject-matter of the prosecution arose;
(b) the accused was apprehended; or
(c) the accused happens to be, or is carrying on business.
EVIDENCE
Marginal note:Certificates and reports
57. (1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
Marginal note:Copies of documents
(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Marginal note:Presumed date of issue
(3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.
Marginal note:Notice
(4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.
- 1990, c. 22, s. 57;
- 1995, c. 40, s. 85.
TRANSITIONAL
Marginal note:Orders continued
58. Any orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.
REPEAL
59. [Repeal]
COMING INTO FORCE
Marginal note:Coming into force
Footnote *60. This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Act in force October 1, 1990, see SI/90-110.]
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