Safe Food for Canadians Act (S.C. 2012, c. 24)

Marginal note:Obstruction

16 It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

Marginal note:Falsifying or altering, etc., required documents

• 17 (1) It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

• Marginal note:Altering, possessing, etc., official documents

  (2) It is prohibited for a person to

  • (a) alter a document issued or made — or in any manner given — under this Act; or

  • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

Marginal note:Possessing or using documents that resemble official documents

18 It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

Marginal note:Personal use

19 Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use.

Registrations and Licences

Marginal note:Persons

• 20 (1) The Minister may, on application,

  • (a) register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and

  • (b) register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence.

• Marginal note:Conditions — regulations

  (2) The registration and the licence are subject to the prescribed conditions.

• Marginal note:Conditions — Minister

  (3) The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate.

• Marginal note:Obligation to comply

  (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

• Marginal note:No transfer

  (5) The registration or licence is not transferable.

Marginal note:Establishments

• 21 (1) The Minister may, on application, register an establishment as one where

  • (a) an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or

  • (b) a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised.

• Marginal note:Holder

  (2) The applicant in respect of an establishment is the holder of the registration.

• Marginal note:Conditions — regulations

  (3) The registration is subject to the prescribed conditions.

• Marginal note:Conditions — Minister

  (4) The Minister may make a registration subject to any additional conditions that the Minister considers appropriate.

• Marginal note:Obligation to comply

  (5) The holder of the registration must comply with all the conditions to which the registration is subject.

• Marginal note:No transfer

  (6) The registration is not transferable.

• Marginal note:Application of Act

  (7) If an establishment is registered, it and all food commodities in it are subject to this Act.

Marginal note:Amendment, suspension, cancellation and renewal

22 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 20(1) or 21(1) or a licence issued under subsection 20(1).

Administration and Enforcement

Certificate

Marginal note:Certificate to be produced

23 Each inspector is to be given a certificate in a form established by the President of the Agency or the President of the Canada Border Services Agency, as the case may be, attesting to the inspector’s designation and, on entering a place under subsection 24(1), the inspector must, on request, produce the certificate to the person in charge of that place.

Inspection

Marginal note:Authority to enter a place

• 24 (1) Subject to subsection 26(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located.

• Marginal note:Powers

  (2) The inspector may, for the purpose referred to in subsection (1),

  • (a) examine or test, or take samples of, anything that is in the place;

  • (b) open a package that is in the place;

  • (c) examine a document that is in the place, make copies of it or take extracts from it;

  • (d) order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (e) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (f) use or cause to be used copying equipment that is in the place and remove the copies for examination;

  • (g) take photographs or make recordings or sketches;

  • (h) order any person in the place to establish their identity to the inspector’s satisfaction;

  • (i) order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity;

  • (j) prohibit or limit access to all or part of the place or to anything that is in the place; and

  • (k) remove anything from the place for the purpose of examination, conducting tests or taking samples.

• Marginal note:Stopping or moving conveyance

  (3) For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Persons accompanying inspector

  (4) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in subsection (1).

• Marginal note:Assistance to be given to inspector

  (6) The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require.

Marginal note:Seizure

25 The inspector may seize and detain anything that the inspector has reasonable grounds to believe

• (a) was used in the contravention of any provision of this Act or the regulations;

• (b) is something in relation to which a provision of this Act or the regulations was contravened; or

• (c) was obtained by the contravention of a provision of this Act or the regulations.

Marginal note:Dwelling-house

• 26 (1) If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 24(1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

  • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Production of documents, information or samples

27 An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

Dealing with Seized Things

Marginal note:Removing, altering and interfering

28 Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act.

Marginal note:Powers of inspector

29 An inspector may, in respect of anything seized under this Act,

• (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

• (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

  • (i) the thing is perishable, or

  • (ii) the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk.

Marginal note:Release of seized thing

30 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

Marginal note:Application for return

• 31 (1) Subject to section 35, if proceedings are instituted in relation to a thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

• Marginal note:Order for return

  (2) If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.