Marginal note:Forfeiture on application of inspector

• 37. (1) A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada.

• Marginal note:Notice and inquiry

  (2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.

• Marginal note:Disposal

  (3) A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Analysis

Marginal note:Analysis and examination

38. An inspector may submit to an analyst, for analysis or examination,

• (a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or

• (b) anything removed under paragraph 24(2)(k) or seized under section 25, or any sample of that thing.

Offences

Marginal note:Offences

• 39. (1) A person who contravenes a provision of this Act, other than sections 7 and 9, or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32(1) — is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

• Marginal note:Due diligence defence

  (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Offences — other provisions and orders

  (3) A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32(1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

• Marginal note:Parties to offence

  (4) If a person other than an individual commits an offence under subsection (1), any of the person’s directors or officers, or agents or mandataries, who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

• Marginal note:Proof of offence

  (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 an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or 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.

Marginal note:Continuing offence

40. If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Limitation period

41. Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose.

Marginal note:Venue

42. A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business.

Marginal note:Admissibility of documents as evidence

• 43. (1) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act 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 statements contained in it.

• Marginal note:Copies and extracts

  (2) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person 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:Notice of intention to produce

  (3) A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract.

Marginal note:Proof — person

44. In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person.

Marginal note:Proof — establishment

45. In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment.

GENERAL

Disclosure of Information

Marginal note:Disclosure to public

46. The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act.

Marginal note:Disclosure — risk or recall

• 47. (1) The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary

  • (a) to identify or respond to a risk of injury to human health associated with a food commodity; or

  • (b) for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act, including for monitoring the conduct of the recall or its effectiveness.

• Definition of “government”

  (2) In subsection (1), “government” means

  • (a) any portion of the federal public administration; or

  • (b) any of the following or its institutions:

    • (i) the government of a province,

    • (ii) a public body established under an Act of the legislature of a province,

    • (iii) an aboriginal government as defined in subsection 13(3) of the Access to Information Act,

    • (iv) the government of a foreign state or of a subdivision of a foreign state, and

    • (v) an international organization, or association, of states.

Export Certificates

Marginal note:Export certificates

48. The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any food commodity.

Samples

Marginal note:Disposition of samples

49. A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.

Intellectual Property

Marginal note:Inspection marks and grade names

50. Every inspection mark and grade name is a trade-mark and the exclusive property in the trade-mark and, subject to this Act, the right to its use are vested in Her Majesty in right of Canada.

Regulations

Marginal note:Governor in Council

• 51. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations

  • (a) respecting, for the purposes of subsection 6(1), what is or is not false, misleading or deceptive or is or is not likely to create an erroneous impression;

  • (b) prescribing grades and standards for any food commodity, including standards for the composition, purity or quality of a food commodity;

  • (c) prescribing inspection marks and grade names in respect of any food commodity and regulating their application or use;

  • (d) respecting or prohibiting the manufacturing, preparing, storing, packaging, labelling, selling or advertising of any food commodity;

  • (e) respecting or prohibiting the sending or conveying, from one province to another, or the importation or exportation of any food commodity;

  • (f) specifying criteria for determining whether an activity is carried out solely for personal use and specifying activities to which section 19 does not apply;

  • (g) respecting quality management programs, quality control programs, safety programs or preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

  • (h) respecting, in relation to establishments where any activity regulated under this Act is conducted, the equipment and facilities to be used, the procedures to be followed and the standards to be maintained for the humane treatment and slaughter of animals;

  • (i) respecting the design, construction, hygiene, sanitation and maintenance of

    • (i) establishments where any activity regulated under this Act is conducted,

    • (ii) the equipment and facilities in those establishments, or

    • (iii) conveyances and equipment used in connection with any activity regulated under this Act;

  • (j) respecting the operation of establishments where any activity regulated under this Act is conducted;

  • (k) respecting

    • (i) the registration of persons, or the issuing of licences to persons, under section 20 or the registration of establishments under section 21,

    • (ii) the suspension, cancellation and renewal of those licences and registrations, and

    • (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 20(3) or 21(4);

  • (l) requiring holders of a registration made under subsection 20(1) or 21(1) and holders of a licence issued under subsection 20(1) to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the conditions of the registration or licence, as the case may be, and providing for the realization of the bonds, suretyships or other security if they fail to comply with the conditions;

  • (m) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, them, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (n) requiring persons to take or keep samples of any food commodity, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

  • (o) respecting the provision of anything, other than a document and a sample, that is required to be provided under this Act;

  • (p) respecting the exercise of powers, or the performance of duties or functions, under this Act;

  • (q) respecting the issuance of certificates that establish that an item to which this Act applies, or that an establishment where any activity regulated under this Act is conducted, meets the requirements of the regulations;

  • (r) respecting the issuance of certificates or other documents for the purpose of section 48;

  • (s) respecting the accreditation of persons, bodies, facilities or laboratories in Canada and elsewhere and the recognition of their activities or findings;

  • (t) respecting the recognition of systems of inspection, certification, manufacturing, preparation, storage, packaging, labelling or testing;

  • (u) respecting the certification of any food commodity as having a specified character, quality, value, composition or origin or as having been manufactured or prepared in a specified manner and the establishment and operation of systems for such certification;

  • (v) respecting the traceability of any food commodity, including regulations requiring persons to establish systems to

    • (i) identify the food commodity,

    • (ii) determine its places of departure and destination and its location as it moves between those places, or

    • (iii) provide information to persons who could be affected by it;

  • (w) exempting, or permitting the Minister to exempt, with or without conditions, any item to which this Act applies, or a person or activity in respect of a food commodity, from the application of this Act or the regulations or a provision of this Act or the regulations;

  • (x) respecting the measures to be taken in respect of items to which this Act applies that present a risk of injury to human health or that are in contravention of any provision of this Act or the regulations, or that are suspected on reasonable grounds of presenting such a risk or being in contravention of any such provision; and

  • (y) prescribing anything that by this Act is to be prescribed.

• Marginal note:Paragraph (1)(e)

  (2) Regulations made under paragraph (1)(e) may, among other things, establish pre-clearance or in-transit requirements for any imported food commodity or anything imported with it.

• Marginal note:Paragraph (1)(m)

  (3) Regulations made under paragraph (1)(m) may, among other things, require the provision to the Minister or an inspector of written notice by persons who conduct any activity regulated under this Act who become aware that a food commodity presents or is likely to present a risk of injury to human health or does not meet the requirements of the regulations.

• Marginal note:Paragraph (1)(w)

  (4) Regulations made under paragraph (1)(w) that permit the Minister to make exemptions must provide that he or she may do so only if he or she is of the opinion that no risk of injury to human health will result.