Pesticide Residue Compensation Act (R.S.C., 1985, c. P-10)

Act current to 2013-05-26 and last amended on 2006-12-14. Previous Versions

Marginal note:Obstruction of inspectors

 No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

  • R.S., c. P-11, s. 8.
Marginal note:False statements

 No person shall knowingly make a false or misleading statement either orally or in writing in any claim or statement required or permitted by this Act or make any such claim or statement that by reason of any non-disclosure of facts is false or misleading.

  • R.S., c. P-11, s. 8.

Offences and Punishment

Marginal note:Contravention of Act

 Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. P-10, s. 10;
  • 2004, c. 25, s. 168(E).
Marginal note:Offence by employee, or agent or mandatary

 In any 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 a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

  • R.S., 1985, c. P-10, s. 11;
  • 2004, c. 25, s. 169(E).
Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act shall be instituted more than one year after the time when the subject-matter of the proceedings arose.

  • R.S., c. P-11, s. 9.
Marginal note:Venue

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

  • R.S., 1985, c. P-10, s. 13;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.

PART II

COMPENSATION APPEALS

Assessor

Marginal note:Assessor and Deputy Assessors
  •  (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and the number of Deputy Assessors that the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

  • Marginal note:Acting assessor

    (2) The Governor in Council may appoint from among the judges referred to in subsection (1) an acting assessor, who shall act in the place of the Assessor in the event of his absence or incapacity.

  • Marginal note:Deputy Assessor

    (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part.

  • Marginal note:Idem

    (4) In sections 16 and 17, the term "Assessor" includes a Deputy Assessor.

  • R.S., 1985, c. P-10, s. 14;
  • 1990, c. 8, s. 60;
  • 2006, c. 11, s. 25.