Agricultural Growth Act (S.C. 2015, c. 2)
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Assented to 2015-02-25
1990, c. 21HEALTH OF ANIMALS ACT
95. (1) Paragraph 64(1)(a) of the French version of the Act is replaced by the following:
a) régir ou interdire l’importation, l’exportation et la possession d’animaux ou de choses, afin d’empêcher l’introduction de vecteurs, de maladies ou de substances toxiques soit au Canada, soit dans tout autre pays en provenance du Canada;
(2) Subsection 64(1) of the Act is amended by adding the following after paragraph (o):
(o.1) exempting, with or without conditions, any animal or thing, or a person or activity in respect of an animal or thing, from the application of this Act or the regulations or a provision of this Act or the regulations;
(3) Paragraph 64(1)(s) of the Act is replaced by the following:
(s) prohibiting or regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, testing, transportation, sale, conditions of sale, advertising for sale, use and disposal of veterinary biologics and regulating their purity, potency, efficacy and safety;
(s.1) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;
(4) Paragraph 64(1)(v) of the Act is replaced by the following:
(v) regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, distribution, sale, conditions of sale and advertising for sale of products of animal deadyards, rendering plants and animal food factories;
(5) Subsection 64(1) of the Act is amended by adding the following after paragraph (w):
(w.1) requiring persons to take or keep samples from any animal or thing and to provide the Minister or an inspector or officer with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;
(6) Paragraph 64(1)(z.3) of the Act is replaced by the following:
(z.3) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector or officer with, or with access to, those documents, and respecting
(i) the information in those documents,
(ii) the manner in which they are to be prepared, kept or maintained,
(iii) the place where they are to be kept or maintained, and
(iv) the manner in which they are to be provided or access to them is to be provided;
(7) Section 64 of the Act is amended by adding the following after subsection (1):
Marginal note:Paragraph (1)(a) — designation of disease
(1.1) Regulations made under paragraph (1)(a) may, among other things, authorize the Minister to designate, by notice, diseases for the purposes of those regulations.
Marginal note:Non-application of Statutory Instruments Act
(1.2) The Statutory Instruments Act does not apply in respect of a notice given by the Minister under a regulation made under paragraph (1)(a).
Marginal note:Paragraph (1)(a) — importation of animals or things
(1.3) Regulations made under paragraph (1)(a) that regulate the importation of animals or things may regulate those animals or things after their importation.
Marginal note:Paragraph (1)(z.3)
(1.4) Regulations made under paragraph (1)(z.3) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that an animal by-product, an animal food, an animal product, a product of a rendering plant or a veterinary biologic presents a risk of harm to human or animal health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector or officer.
96. The Act is amended by adding the following after section 64:
INCORPORATION BY REFERENCE
Marginal note:Incorporation by reference
64.1 (1) A regulation made under section 64 may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility
(2) The Minister must ensure that any document that is incorporated by reference in a regulation made under section 64, including any amendments to the document, is accessible.
Marginal note:Defence
(3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under section 64 is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation made under section 64 is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
GENERAL
Marginal note:Consideration of information
64.2 In considering an application made under the regulations in relation to an animal or thing, the Minister may consider information that is available from a review or evaluation of an animal or thing conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states.
Marginal note:Non-application of Statutory Instruments Act
64.3 The Statutory Instruments Act does not apply in respect of a notice referred to in section 66.
97. Section 68 of the Act is replaced by the following:
Marginal note:Limitation period
68. Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.
98. Sections 71 and 72 of the Act are replaced by the following:
Marginal note:Parties to offence
71. If a person other than an individual commits an offence under this Act, 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
72. 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.
1990, c. 22PLANT PROTECTION ACT
Marginal note:1995, c. 40, s. 75
99. (1) The definitions “pest” and “violation” in section 3 of the Plant Protection Act are replaced by the following:
“pest”
« parasite »
“pest” means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants;
“violation”
« violation »
“violation” means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:
(a) any contravention of any provision of this Act or of a regulation made under this Act,
(b) any contravention of any order made by the Minister under this Act, and
(c) any refusal or neglect to perform any duty imposed by or under this Act.
(2) Section 3 of the Act is amended by adding the following in alphabetical order:
“document”
« document »
“document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;
100. The Act is amended by adding the following after section 6:
Marginal note:Recall order — Canadian Food Inspection Agency Act
6.1 No person shall sell a thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
101. Sections 7 and 8 of the Act are replaced by the following:
Marginal note:Prohibition
7. No person shall import or admit into Canada or export from Canada any thing that is a pest, that is or could be infested with a pest or that constitutes or could constitute a biological obstacle to the control of a pest, unless
(a) the person has produced to an inspector all permits, certificates and other documentation required by the regulations;
(b) the thing is or has been presented to an inspector — if required by the regulations or an inspector — in the manner and under the conditions specified by the inspector and at a place designated by the regulations or an inspector; and
(c) the thing is imported or exported in accordance with any other requirements of the regulations.
Marginal note:Removal or destruction of unlawful imports
8. (1) An inspector who has reasonable grounds to believe that an imported thing has been imported in contravention of a provision of this Act or the regulations, is a pest, is or could be infested with a pest or constitutes or could constitute a biological obstacle to the control of a pest or that a requirement imposed by or under the regulations in respect of an imported thing has not been met may, by notice, whether the thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it.
Marginal note:Notice
(2) The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.
Marginal note:Forfeiture
(3) If the thing 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 subsection 32(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.
Marginal note:Suspension of application of subsection (3)
(4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the thing will not be sold within that period;
(c) the measures that should have been taken for the thing 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 thing 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 he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the thing 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 thing 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.
102. The Act is amended by adding the following after section 23:
Marginal note:Provision of documents, information or samples
23.1 (1) An inspector may, for the purpose of detecting pests or 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.
Marginal note:Duty to provide document, information or sample
(2) A person who is ordered by an inspector to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner.
103. (1) The portion of subsection 25(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspection
25. (1) For the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector may
(2) Paragraph 25(2)(b) of the English version of the Act is replaced by the following:
(b) reproduce any document or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and
104. (1) Subsection 32(1) of the Act is replaced by the following:
Marginal note:Release of seized thing
32. (1) 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:1995, c. 40, s. 78
(2) Subsection 32(2) of the English version of the Act is replaced by the following:
Marginal note:Application for return
(2) If proceedings are instituted in relation to a thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, 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.
Marginal note:1995, c. 40, s. 80(1)
105. Subsection 34(1) of the Act is replaced by the following:
Marginal note:Disposal of forfeited things
34. (1) If the Tribunal or the court, as the case may be, orders the forfeiture of a thing under subsection 33(1), the thing shall be disposed of as the Minister may direct.
106. The Act is amended by adding the following after section 36:
PROHIBITIONS RESPECTING DOCUMENTS
Marginal note:Altering, destroying or falsifying required documents
36.1 (1) No person shall 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) No person shall
(a) alter a document issued or made — or in any manner given — under this Act;
(b) have in their possession or use a document issued or made — or in any manner given — under this Act that has been altered; or
(c) use any document issued or made — or in any manner given — under this Act for a purpose or in respect of a thing, other than the purpose or thing for which the document was issued, made or given.
Marginal note:Possessing or using documents that resemble official documents
36.2 No person shall have in their possession or use any document that has not been issued or made — or in any manner given — under this Act if it so closely resembles a document that has been so issued, made or given that it is likely to be mistaken for it.
PROHIBITIONS RESPECTING MARKING AND IDENTIFICATION
Marginal note:Altering, destroying or falsifying mark, label, tag or seal
36.3 (1) No person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.
Marginal note:Possessing or using mark, label, tag or seal
(2) No person shall
(a) have in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; or
(b) use a mark, label, tag or seal required under this Act for a purpose or in respect of a thing, other than a purpose or a thing provided for in the regulations.
Marginal note:Possessing or using misleading mark, label, tag, seal or device
36.4 No person shall have in their possession or use
(a) any mark, label, tag or seal that so closely resembles one required under this Act that it is likely to be mistaken for it; or
(b) any device that is designed or adapted to create a mark that so closely resembles a mark required under this Act that it is likely to be mistaken for it.
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