Safe Food for Canadians Act (S.C. 2012, c. 24)
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Assented to 2012-11-22
TRANSITIONAL PROVISIONS
Marginal note:Chairperson
70. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.
Marginal note:Other members
71. Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.
Marginal note:Pending proceedings
72. Proceedings pending before the former Tribunal immediately before the commencement day are to be taken up and continued before the new Tribunal.
Marginal note:Licences, permits, registrations and authorizations
73. (1) For the purpose of permitting a licence or permit issued, registration made or authorization given under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act to continue to have effect on the commencement day, the authority issuing, making or giving it, or renewing it, may include in it a statement to the effect that it is also a licence or registration issued or made under this Act.
Marginal note:Presumption
(2) Every licence, permit, registration or authorization that contains a statement added to it under subsection (1) and the term of which has not expired before the commencement day is considered, as expressed in the statement, to be a licence or registration issued or made under this Act.
Marginal note:Term
(3) Unless suspended or revoked under this Act, every licence, permit, registration or authorization to which subsection (2) applies remains in force for the remainder of the period during which it would have been in force had sections 20 and 21 not come into force.
Marginal note:Suspensions
(4) A suspended licence, permit, registration or authorization to which subsection (2) applies that was suspended before the commencement day and that continues to be suspended immediately before that day is considered to be suspended under this Act.
Marginal note:Applications
(5) An application for a licence, permit, registration or authorization under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act that was made before the commencement day and in respect of which no decision has been made before that day is considered to be an application for a licence or a registration under this Act.
Definition of “commencement day”
(6) In this section, “commencement day” means the day on which section 1 comes into force.
Marginal note:Seized things
74. Sections 28 to 37 apply in respect of any thing seized under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act — or seized under the Consumer Packaging and Labelling Act by a person designated as an inspector under the Canadian Food Inspection Agency Act for the enforcement of the Consumer Packaging and Labelling Act as it relates to food — that had not been returned to any person, released or forfeited, or removed from Canada, before the day on which section 1 comes into force.
Marginal note:Regulations
75. The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
REPEALS
Marginal note:R.S., c. F-12
76. The Fish Inspection Act is repealed.
Marginal note:R.S., c. 25 (1st Supp.)
77. The Meat Inspection Act is repealed.
Marginal note:R.S., c. 20 (4th Supp.)
78. The Canada Agricultural Products Act is repealed.
RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
Marginal note:1999, c. 2, s. 4
79. Subsection 7(1) of the Competition Act is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) to (d) with the following:
(b) the administration and enforcement of the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.
R.S., c. C-38Consumer Packaging and Labelling Act
Marginal note:1997, c. 6, s. 40
80. (1) The definitions “inspector” and “Minister” in subsection 2(1) of the Consumer Packaging and Labelling Act are replaced by the following:
“inspector”
« inspecteur »
“inspector” means any person designated as an inspector for the enforcement of this Act under the Department of Industry Act;
“Minister”
« ministre »
“Minister” means the Minister of Industry;
Marginal note:1999, c. 2, s. 44(2)
(2) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Functions of Commissioner
(2) The functions of the Minister in relation to the administration of this Act, except subsection 11(1), and in relation to the enforcement of this Act may be performed by the Commissioner on behalf of the Minister.
81. Section 3 of the Act is replaced by the following:
Marginal note:Application despite other Acts
3. (1) Subject to subsections (2) and (3) and any regulations made under section 18, the provisions of this Act that are applicable to any product apply despite any other Act of Parliament.
Marginal note:Exemption
(2) This Act does not apply to any product that is a device or drug as defined in section 2 of the Food and Drugs Act.
Marginal note:Exemption
(3) This Act does not apply to any food commodity as defined in section 2 of the Safe Food for Canadians Act.
82. Section 8 of the Act is repealed.
Marginal note:1997, c. 6, s. 41
83. The portion of paragraph 15(4)(c) of the Act before subparagraph (i) is replaced by the following:
(c) after the expiry of 60 days after the day of seizure unless, before that time,
Marginal note:1997, c. 6, s. 43
84. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contraventions of sections 4 to 9
20. (1) Every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable
Marginal note:1997, c. 6, s. 43
(2) The portion of subsection 20(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contravention of other provisions or regulations
(2) Every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable
Marginal note:1997, c. 6, s. 43
(3) Subsection 20(2.1) of the Act is repealed.
Marginal note:1997, c. 6, s. 44(1)
85. Subsection 21(2.1) of the Act is repealed.
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Marginal note:1990, c. 8, s. 8
86. Paragraphs 28(1)(a) and (b) of the Federal Courts Act are replaced by the following:
(a) the Board of Arbitration continued by subsection 60(1) of the Safe Food for Canadians Act;
(b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;
R.S., c. F-9Feeds Act
Marginal note:1995, c. 40, s. 46
87. The definition “Tribunal” in section 2 of the Feeds Act is replaced by the following:
“Tribunal”
« Commission »
“Tribunal” means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;
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