An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)

71 Paragraph 7(1)(c) of the English version of the Act is replaced by the following:

Coordinating Amendments

Marginal note:2012, c. 24

• 72 (1) In this section, other Act means the Safe Food for Canadians Act.

• (2) On the first day on which both section 52 of this Act and section 78 of the other Act are in force, subsection 53.2(1) of the Pest Control Products Act is replaced by the following:

  Marginal note:Application for return

  • 53.2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

• (3) On the first day on which both section 52 of this Act and section 106 of the other Act are in force, subsection 55(2) of the Pest Control Products Act is replaced by the following:

  • Marginal note:Forfeiture by court order

    (2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.

• (4) On the first day on which both section 70 of this Act and section 99 of the other Act are in force, subparagraph 4(1)(a)(iii) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

  • (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;

• (5) On the first day on which both section 71 of this Act and section 100 of the other Act are in force, paragraph 7(1)(c) of the English version of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

  • (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act

Coming into Force

Marginal note:Order in council

• 73 (1) Section 12 comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Subsections 36(2) and (3) come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (3) Section 39 comes into force on a day to be fixed by order of the Governor in Council.