Pesticide Residue Compensation Act (R.S.C., 1985, c. P-10)

Act current to 2019-06-20 and last amended on 2006-12-14. Previous Versions

PART IPesticide Residue Compensation (continued)

Enforcement (continued)

Marginal note:Obstruction of inspectors

 No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

  • R.S., c. P-11, s. 8

Marginal note:False statements

 No person shall knowingly make a false or misleading statement either orally or in writing in any claim or statement required or permitted by this Act or make any such claim or statement that by reason of any non-disclosure of facts is false or misleading.

  • R.S., c. P-11, s. 8

Offences and Punishment

Marginal note:Contravention of Act

 Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. P-10, s. 10
  • 2004, c. 25, s. 168(E)

Marginal note:Offence by employee, or agent or mandatary

 In any 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 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 the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

  • R.S., 1985, c. P-10, s. 11
  • 2004, c. 25, s. 169(E)

Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act shall be instituted more than one year after the time when the subject-matter of the proceedings arose.

  • R.S., c. P-11, s. 9

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 subject-matter of the complaint or information did not arise in that territorial jurisdiction.

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

PART IICompensation Appeals

Assessor

Marginal note:Assessor and Deputy Assessors

  •  (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and the number of Deputy Assessors that the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

  • Marginal note:Acting assessor

    (2) The Governor in Council may appoint from among the judges referred to in subsection (1) an acting assessor, who shall act in the place of the Assessor in the event of his absence or incapacity.

  • Marginal note:Deputy Assessor

    (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part.

  • Marginal note:Idem

    (4) In sections 16 and 17, the term “Assessor” includes a Deputy Assessor.

  • R.S., 1985, c. P-10, s. 14
  • 1990, c. 8, s. 60
  • 2006, c. 11, s. 25

Marginal note:Appeals

  •  (1) An appeal may be brought to the Assessor by a farmer referred to in subsection 3(1) where the compensation awarded to the farmer is less than the maximum compensation prescribed under this Act or where no compensation is awarded to the farmer, on the ground that the amount of compensation awarded or the failure to award compensation was unreasonable.

  • Marginal note:Time limit for bringing appeals

    (2) An appeal to the Assessor shall be brought within three months from the date the farmer receives notification of the decision or the compensation that is the subject of the appeal or within such longer period as the Assessor may in any case for special reasons allow.

  • R.S., c. P-11, s. 12

Marginal note:Powers of Assessor

  •  (1) On the hearing of an appeal brought pursuant to this Part, the Assessor may

    • (a) confirm the decision of the Minister;

    • (b) subject to any maximum amount of compensation prescribed pursuant to this Act and applicable to the loss in respect of which the appeal is brought, vary the decision of the Minister; or

    • (c) refer the matter back to the Minister for such further action as the Assessor may direct.

  • Marginal note:Costs

    (2) In any proceedings under this Part costs may be awarded to or against the Minister.

  • Marginal note:Decisions final

    (3) The decision of the Assessor on any appeal brought pursuant to this Part is final and conclusive and not subject to appeal to or review by any court.

  • R.S., c. P-11, s. 13

Marginal note:Sittings and hearings

  •  (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for sittings and hearings as may be required.

  • Marginal note:Expenses

    (2) The Assessor is entitled to be paid travel allowances in accordance with section 34 of the Judges Act.

  • R.S., 1985, c. P-10, s. 17
  • 1990, c. 8, s. 61

Marginal note:Procedure

 The Governor in Council may make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Governor in Council deems necessary to enable the Assessor to discharge the Assessor’s duties under this Act.

  • R.S., 1985, c. P-10, s. 18
  • 1990, c. 8, s. 62

Marginal note:Registrar

 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.

  • R.S., c. P-11, s. 16
 
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