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

Other Measures

Marginal note:Removal or destruction of unlawful imports

• 32 (1) An inspector who has reasonable grounds to believe that an imported food commodity 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 food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

• Marginal note:Notice

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

• Marginal note:Forfeiture

  (3) If the food commodity 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 section 30, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.

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

  (4) An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that

  • (a) the food commodity does not present a risk of injury to human health;

  • (b) the food commodity will not be sold within that period;

  • (c) the measures that should have been taken for the food commodity 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 food commodity 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 the inspector is satisfied that

  • (a) the food commodity does not present a risk of injury to human health;

  • (b) the food commodity 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 food commodity 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:Injunction

• 33 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

  • (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) do an act that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Forfeiture

Marginal note:Unclaimed seized things

• 34 (1) A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or

  • (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing.

• Marginal note:Disposal

  (3) A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure.

Marginal note:Consent — seized thing

35 If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense.

Marginal note:Violation or offence

• 36 (1) If 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 punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of,

  • (a) if the thing was not seized, its owner; or

  • (b) if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure.

• Marginal note:Return of seized things if no forfeiture ordered

  (3) If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure.

• Marginal note:Exception

  (4) Despite subsection (3), if a penalty or fine was imposed,

  • (a) the thing may continue to be detained until the penalty or fine is paid; or

  • (b) the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine.

Marginal note:Forfeiture on application of inspector

• 37 (1) A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada.

• Marginal note:Notice and inquiry

  (2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.

• Marginal note:Disposal

  (3) A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Analysis

Marginal note:Analysis and examination

38 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 24(2)(k) or seized under section 25, or any sample of that thing.

Offences

Marginal note:Offences

• 39 (1) A person who contravenes a provision of this Act, other than sections 7 and 9, or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32(1) — is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

• Marginal note:Due diligence defence

  (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Offences — other provisions and orders

  (3) A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32(1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

• Marginal note:Parties to offence

  (4) If a person other than an individual commits an offence under subsection (1), any of the person’s directors or 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.

• Marginal note:Proof of offence

  (5) 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.

Marginal note:Continuing offence

40 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Limitation period

41 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose.

Marginal note:Venue

42 A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business.

Marginal note:Admissibility of documents as evidence

• 43 (1) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the statements contained in it.

• Marginal note:Copies and extracts

  (2) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

• Marginal note:Notice of intention to produce

  (3) A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract.

Marginal note:Proof — person

44 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person.