Suspension of Registration
57. (1) The Director may suspend the registration of a registered establishment
(i) the establishment does not meet the provisions of the Act or these Regulations,
(ii) the operator of the establishment does not comply with the provisions of the Act or these Regulations,
(iii) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating, or
(iv) [Repealed, SOR/2002-68, s. 2]
(b) where the operator has failed or is unable to take immediate corrective measures.
(1.1) Despite subparagraph (1)(a)(ii), the Director shall not suspend the registration of an establishment for not complying with any provision of the Act or these Regulations that establishes a requirement in respect of the grading of produce unless an inspector finds that more than one such contravention has been committed in the establishment in the course of one week.
(2) No registration shall be suspended under subsection (1) unless
(a) an inspector has, at the time of the inspection, notified the operator of the existence of grounds for suspension under paragraph (1)(a);
(b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and
(c) a notice of suspension of registration is delivered to the operator.
(3) A suspension of a registration shall remain in effect
(a) until the required corrective measures have been taken and have been verified by an inspector;
(b) until the registration is cancelled; or
(c) in the case of a suspension under subsection (1.1), until 225 000 kg of produce have been shipped from the establishment without more than one additional contravention.
(d) [Repealed, SOR/2002-68, s. 2]
(4) Sections 27, 40 and 49 apply to an establishment whose registration has been suspended.
- SOR/86-363, s. 2;
- SOR/90-218, s. 3;
- SOR/95-475, s. 2;
- SOR/2002-68, s. 2.
Cancellation of Registration
58. (1) The Director may cancel the registration of a registered establishment where
(a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);
(b) there has been a change in ownership that involves a change of management of the establishment; or
(c) the application for registration contains false or misleading information.
(2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.
(3) No registration shall be cancelled under subsection (1) unless
(a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and
(b) a notice of cancellation of registration was delivered to the operator.
- SOR/86-363, s. 3;
- SOR/86-864, s. 26(E);
- SOR/88-428, s. 26;
- SOR/90-218, s. 3;
- SOR/2002-68, s. 3.
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