Fairness at the Pumps Act (S.C. 2011, c. 3)
Full Document:
Assented to 2011-03-23
20. Paragraph 23(a) of the Act is replaced by the following:
(a) in the certificate issued under paragraph 19(1)(a) at the time of the most recent examination made under this Act; or
21. The portion of section 24 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Inobservation des règlements
24. Commet une infraction le commerçant qui, pour le commerce, utilise ou a en sa possession un instrument qui :
22. Section 25 of the Act is replaced by the following:
Marginal note:Examination within prescribed period
25. Every trader who fails to cause a device to be examined as required by subsection 15(1) is guilty of an offence.
23. Sections 31 and 32 of the Act are replaced by the following:
Marginal note:Obstructing inspector
31. (1) Every person who obstructs or hinders an inspector in carrying out their functions under this Act is guilty of an offence.
Marginal note:Misleading statements
(2) Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence.
Marginal note:Interference with seized thing
(3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17(1)(c) is guilty of an offence.
Marginal note:Failure to stop vehicle or proceed as directed
32. Every operator of a vehicle is guilty of an offence if they wilfully fail
(a) to bring the vehicle to a stop in accordance with any order or direction given under subsection 18(1) by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or
(b) to proceed with the vehicle to an appropriate place in accordance with any order or direction given under subsection 18(2) by an inspector.
24. Subsections 35(1) and (2) of the Act are replaced by the following:
Marginal note:Punishment for first offence
35. (1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a first offence,
(a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Punishment for subsequent offences
(1.1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a second or subsequent offence,
(a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Punishment for general offence
(2) Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.
25. The Act is amended by adding the following after section 35:
Marginal note:Due diligence defence
35.1 A person may not be convicted of an offence under this Act — other than for a contravention of paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence.
26. Section 36 of the French version of the Act is replaced by the following:
Marginal note:Présomption
36. Le commerçant qui a en sa possession un instrument qui ne porte pas la marque réglementaire indiquant que son usage est illégal pour le commerce est réputé, sauf preuve contraire, avoir l’instrument en sa possession pour s’en servir à des fins commerciales.
27. Subsection 38(2) of the Act is replaced by the following:
Marginal note:Inspector’s certificates
(2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector under subsection 19(1) and to have been signed by the inspector who did the examination is evidence of the matters stated in it relating to the examination without proof of the signature or official character of the person appearing to have signed the certificate.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
28. Sections 39 to 41 of the Act are replaced by the following:
Marginal note:Examination and samples of seized things
39. (1) If an inspector seizes and detains anything under paragraph 17(1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.
Marginal note:Detention
(2) A seized thing is not to be detained
(a) after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or
(b) after the expiry of 60 days from the day of seizure, unless, before the expiry of that period,
(i) the seized thing has been forfeited under section 41,
(ii) a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or
(iii) notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40.
Marginal note:Storing of seized things
(3) A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction.
Marginal note:Application to extend period of detention
40. (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the period during which the seized thing may be detained.
Marginal note:Notice
(2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify
(a) the provincial court judge to whom the application is to be made;
(b) the place where and the time when the application is to be heard, which time shall be not later than 10 days after the day on which the notice is served;
(c) the seized thing in respect of which the application is to be made; and
(d) the evidence on which the Minister intends to rely to show why the period during which the seized thing may be detained should be extended.
Marginal note:Order of extension granted
(3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.
Marginal note:Order of extension refused
(4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession
(a) on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or
(b) immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired.
FORFEITURE AND RETURN
Marginal note:Forfeiture on consent
41. (1) If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17(1)(c) consents in writing to its forfeiture, it is forfeited to Her Majesty.
Marginal note:Forfeiture by order of court
(2) If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it
(a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or
(b) shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.
29. The Act is amended by replacing “inspected” and “inspection” with “examined” and “examination”, respectively, in the following provisions:
(a) paragraph 8(b);
(b) paragraphs 10(1)(f), (q) and (r);
(c) the heading before section 15;
(d) paragraph 19(1)(b);
(e) the heading before section 20;
(f) subsection 20(1);
(g) paragraph 26(1)(c); and
(h) subparagraph 29(a)(i).
- Date modified: