PART IIAdministration and Enforcement (continued)
Offences and Punishment (continued)
Marginal note:Certificate of analyst
35 (1) Subject to this section, in any prosecution for an offence under any of sections 31 to 31.2 and 31.4, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.
Marginal note:Requiring attendance of analyst
(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
Marginal note:Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence pursuant to subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.
Marginal note:Proof of service
(4) For the purposes of this Act, service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.
Marginal note:Attendance for examination
(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.
- R.S., 1985, c. F-27, s. 35;
- R.S., 1985, c. 27 (1st Supp.), s. 192;
- 1996, c. 19, s. 78;
- 2014, c. 24, s. 12.
Marginal note:Proof as to manufacturer or packager
36 (1) In a prosecution for a contravention of this Act or of the regulations made under this Part, proof that a package containing any article to which this Act or the regulations apply bore a name or address purporting to be the name or address of the person by whom it was manufactured or packaged is, in the absence of evidence to the contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name or address appeared on the package.
Marginal note:Offence by employee or agent
(2) In a prosecution for a contravention described in subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence.
Marginal note:Certified copies and extracts
(3) In a prosecution for a contravention described in subsection (1), a copy of a record or an extract therefrom certified to be a true copy by the inspector who made it pursuant to paragraph 23(1)(c) is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents.
Marginal note:Where accused had adulterating substances
(4) Where a person is prosecuted under this Part for having manufactured an adulterated food or drug for sale, and it is established that the person had in his possession or on his premises any substance the addition of which to that food or drug has been declared by regulation to cause the adulteration of the food or drug, the onus of proving that the food or drug was not adulterated by the addition of that substance lies on the accused.
- R.S., 1985, c. F-27, s. 36;
- 1996, c. 19, s. 79.
Marginal note:Conditions under which exports exempt
(a) it is manufactured or prepared in Canada;
(b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;
(c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and
(d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.
Marginal note:Exception — Act
(1.1) Despite subsection (1),
(a) section 4, subsection 5(1) and section 7 apply to any food;
(c) sections 16 and 18 apply to any cosmetic; and
(d) section 19 and subsection 20(1) apply to any device.
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.
Marginal note:Exception — General Council Decision
(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.
- R.S., 1985, c. F-27, s. 37;
- 1993, c. 34, s. 73;
- 1996, c. 19, s. 80;
- 2004, c. 23, s. 3;
- 2016, c. 9, s. 11.
Marginal note:Conditions under which transhipment exempt
38 This Act does not apply to any packaged food, drug, cosmetic or device if
(a) it is manufactured or prepared outside Canada;
(b) it is imported solely for the purpose of export and is not sold for consumption or use in Canada; and
(c) it meets any other prescribed requirement.
- 2016, c. 9, s. 12.
PARTS III AND IV[Repealed, 1996, c. 19, s. 81]
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