Marginal note:Obstruction of inspectors

• 7. (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

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

• Marginal note:Detention

  (2) Any seed or package 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 seed or package 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 seed or package 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

• 9. (1) Every person who, or whose employee or agent, contravenes any provision of this Act or any regulation made under paragraph 4(1)(e) or (h.1) 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:Contravention of other regulations

  (2) Every person who, or whose employee or agent, contravenes or fails to comply with any regulation, other than a regulation made under paragraph 4(1)(e) or (h.1), is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

• Marginal note:Imprisonment precluded in certain cases

  (3) Where a person is convicted of an offence under subsection (2), imprisonment shall not be imposed in default of payment of the fine imposed as punishment.

• Marginal note:Recovery of fines

  (4) Where a person is convicted of an offence under subsection (2) 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 agent or by employee

  (5) 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, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.