Farm Products Agencies Act

Marginal note:Contravention of Act, regulation, etc.

• 37 (1) Every person who

  • (a) contravenes any provision of this Act or of a marketing plan that an agency is authorized to implement,

  • (b) fails to comply with a requirement of the Council pursuant to paragraph 7(1)(h) or (i) that is applicable to him, or

  • (c) contravenes any order or regulation made by an agency under paragraph 22(1)(f) or (g) that has been approved by the Council,

  is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Offence by employee, etc.

  (2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (3) Any proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

• Marginal note:Evidence as to geographical origin

  (4) In any prosecution for an offence under this section,

  • (a) the act or omission complained of in respect of which the prosecution was instituted shall, unless the contrary is established, be deemed to relate to the production or marketing of a farm product in interprovincial or export trade or to the duties of a person engaged in the production or marketing thereof; and

  • (b) any farm product referred to in the information laid in respect of the offence shall, unless the contrary is established, be deemed to have been grown or produced in Canada or in the particular province or region in Canada, if any, alleged in the information.