Seeds Act (R.S.C., 1985, c. S-8)

Limitation on Liability

Marginal note:Her Majesty not liable

8.3 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

8.4 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.

Offences and Punishment

Marginal note:Offences

• 9 (1) Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Parties to offence

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

  (3) 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.

• (4) and (5) [Repealed, 2015, c. 2, s. 82]

Marginal note:Limitation period

10 Summary conviction proceedings for an offence under this Act may be instituted no later than three years after the day on which the subject matter of the proceedings arises.

Marginal note:Certificate of analyst

• 11 (1) A certificate of an analyst stating that the analyst has examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is, in any proceedings for a violation, or for an offence under this Act, evidence of the statement contained in the certificate.

• Marginal note:Admissibility

  (2) In any proceedings for a violation, or for an offence under this Act, a document purporting to be the certificate of an analyst shall be received in evidence without proof of the signature or official character of the person by whom it purports to be signed.

Marginal note:Venue

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