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

Costs

Marginal note:Recovery

57 Costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection, moving, seizure and detention, forfeiture, disposal, return or release of anything under this Act, constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Limitation on Liability

Marginal note:Her Majesty not liable

58 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

• (a) for any costs, loss or damage resulting from the compliance; or

• (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

Marginal note:No liability

59 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

60 [Repealed before coming into force, 2014, c. 20, s. 235]

61 [Repealed before coming into force, 2014, c. 20, s. 235]

62 [Repealed before coming into force, 2014, c. 20, s. 235]

63 [Repealed before coming into force, 2014, c. 20, s. 235]

64 [Repealed before coming into force, 2014, c. 20, s. 235]

65 [Repealed before coming into force, 2014, c. 20, s. 235]

66 [Repealed before coming into force, 2014, c. 20, s. 235]

67 [Repealed before coming into force, 2014, c. 20, s. 235]

Review

Marginal note:Review

• 68 (1) Five years after the coming into force of this section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

• Marginal note:Report

  (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

Transitional Provisions

Marginal note:Definitions

69 The following definitions apply in sections 70 to 72.

commencement day

commencement day means the day on which section 102 comes into force. (date d’entrée en vigueur)

former Tribunal

former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. (ancienne Commission)

new Tribunal

new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (nouvelle Commission)

Marginal note:Chairperson

70 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.

Marginal note:Other members

71 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.

Marginal note:Pending proceedings

72 Proceedings pending before the former Tribunal immediately before the commencement day are to be taken up and continued before the new Tribunal.

Marginal note:Licences, permits, registrations and authorizations

• 73 (1) For the purpose of permitting a licence or permit issued, registration made or authorization given under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act to continue to have effect on the commencement day, the authority issuing, making or giving it, or renewing it, may include in it a statement to the effect that it is also a licence or registration issued or made under this Act.

• Marginal note:Presumption

  (2) Every licence, permit, registration or authorization that contains a statement added to it under subsection (1) and the term of which has not expired before the commencement day is considered, as expressed in the statement, to be a licence or registration issued or made under this Act.

• Marginal note:Term

  (3) Unless suspended or revoked under this Act, every licence, permit, registration or authorization to which subsection (2) applies remains in force for the remainder of the period during which it would have been in force had sections 20 and 21 not come into force.

• Marginal note:Suspensions

  (4) A suspended licence, permit, registration or authorization to which subsection (2) applies that was suspended before the commencement day and that continues to be suspended immediately before that day is considered to be suspended under this Act.

• Marginal note:Applications

  (5) An application for a licence, permit, registration or authorization under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act that was made before the commencement day and in respect of which no decision has been made before that day is considered to be an application for a licence or a registration under this Act.

• Definition of commencement day

  (6) In this section, commencement day means the day on which section 1 comes into force.

Marginal note:Seized things

74 Sections 28 to 37 apply in respect of any thing seized under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act — or seized under the Consumer Packaging and Labelling Act by a person designated as an inspector under the Canadian Food Inspection Agency Act for the enforcement of the Consumer Packaging and Labelling Act as it relates to food — that had not been returned to any person, released or forfeited, or removed from Canada, before the day on which section 1 comes into force.

Marginal note:Regulations

75 The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.

Repeals

76 [Repeal]

77 [Repeal]

78 [Repeal]

Related and Consequential Amendments

Competition Act

79 [Amendment]

Consumer Packaging and Labelling Act

80 [Amendments]

81 [Amendment]

82 [Amendment]

83 [Amendment]

84 [Amendments]

85 [Amendment]

Federal Courts Act

86 [Amendment]

Feeds Act

87 [Amendment]

Fertilizers Act

88 [Amendment]

Seeds Act

89 [Amendment]

90 [Amendment]

91 [Amendment]

Customs Act

92 [Amendments]

Health of Animals Act

93 [Amendment]

94 [Amendments]

Plant Protection Act

95 [Amendment]

Contraventions Act

96 [Amendment]

Agriculture and Agri-Food Administrative Monetary Penalties Act

97 [Amendment]

98 [Amendment]

99 [Amendment]

100 [Amendment]

101 [Amendment]

102 [Amendment]

Canadian Food Inspection Agency Act

103 [Amendment]

104 [Amendment]

105 [Amendment]

Pest Control Products Act

106 [Amendment]

Canada Border Services Agency Act

107 [Amendment]

108 [Amendment]

Coordinating Amendments

109 [Amendments]

110 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote ^*111 This Act, except sections 73, 94, 109 and 110, comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 73, 94, 109 and 110 in force on assent November 22, 2012; Act, other than sections 73, 94, 109 and 110, in force January 15, 2019, see SI/2018-39.]