Fertilizers Act (R.S.C., 1985, c. F-10)

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Act current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

Enforcement (continued)

Marginal note:Obstruction of inspectors

  •  (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.

  • R.S., c. F-9, s. 8

Marginal note:Seizure

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

  • Marginal note:Release of seized article

    (2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to an article seized under this Act have been complied with, the article must be released.

  • 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 article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.

  • R.S., 1985, c. F-10, s. 9
  • 1995, c. 40, s. 51
  • 2015, c. 2, s. 69

Marginal note:Removal or destruction of unlawful imports

  •  (1) An inspector who has reasonable grounds to believe that an imported fertilizer or supplement does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the fertilizer or supplement is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it.

  • Marginal note:Notice

    (2) The notice must either be delivered personally to the owner or importer of the fertilizer or supplement or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.

  • Marginal note:Forfeiture

    (3) If the fertilizer or supplement is not removed from Canada or destroyed within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 9(2), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

  • Marginal note:Suspension of application of subsection (3)

    (4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that

    • (a) harm to human, animal or plant health or the environment is unlikely to result;

    • (b) the fertilizer or supplement will not be sold within that period;

    • (c) the measures that should have been taken for the fertilizer or supplement not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

    • (d) if the fertilizer or supplement does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

  • Marginal note:Cancellation

    (5) An inspector may cancel the notice if he or she is satisfied that

    • (a) harm to human, animal or plant health or the environment is unlikely to result;

    • (b) the fertilizer or supplement has not been sold within the period referred to in subsection (6);

    • (c) the measures referred to in paragraph (4)(c) were taken within that period; and

    • (d) if the fertilizer or supplement did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

  • Marginal note:Period

    (6) The period for the purposes of subsection (5) is

    • (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

    • (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

  • Marginal note:Non-application of Statutory Instruments Act

    (7) The Statutory Instruments Act does not apply in respect of the notice.

  • 2015, c. 2, s. 70

Analysis

Marginal note:Analysis and examination

 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 7(1)(d), any article seized under subsection 9(1) or any sample of that thing or article.

  • 2015, c. 2, s. 70

Limitation on Liability

Marginal note:Her Majesty not liable

 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

  • (a) for any costs, loss or damage resulting from the compliance; or

  • (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

  • 2015, c. 2, s. 70

Marginal note:No liability

 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

  • 2015, c. 2, s. 70

Offences and Punishment

Marginal note:Offences

 Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act 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.

  • R.S., 1985, c. F-10, s. 10
  • 1995, c. 40, s. 52
  • 2015, c. 2, s. 71

Marginal note:Parties to offence

 If a person other than an individual commits an offence under section 10, any of the person’s directors, 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.

  • 1997, c. 6, s. 50
  • 2015, c. 2, s. 72

Marginal note:Proof of offence

 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.

  • R.S., 1985, c. F-10, s. 11
  • 2015, c. 2, s. 72

Marginal note:Limitation period

 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.

  • 2015, c. 2, s. 72

Marginal note:Certificate of analyst

 In any proceedings for a violation, or for an offence under this Act, a certificate of an analyst stating that the analyst has analyzed or examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is evidence of the statement contained in the certificate.

  • R.S., 1985, c. F-10, s. 12
  • 1995, c. 40, s. 53

Marginal note:Venue

 A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., 1985, c. F-10, s. 13
  • R.S., 1985, c. 27 (1st Supp.), s. 203
 
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