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

Marginal note:Seizure

25. The inspector may seize and detain anything that the inspector has reasonable grounds to believe

• (a) was used in the contravention of any provision of this Act or the regulations;

• (b) is something in relation to which a provision of this Act or the regulations was contravened; or

• (c) was obtained by the contravention of a provision of this Act or the regulations.

Marginal note:Dwelling-house

• 26. (1) If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 24(1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

  • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

Marginal note:Production of documents, information or samples

27. An inspector may, 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.

Dealing with Seized Things

Marginal note:Removing, altering and interfering

28. Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act.

Marginal note:Powers of inspector

29. An inspector may, in respect of anything seized under this Act,

• (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

• (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

  • (i) the thing is perishable, or

  • (ii) the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk.

Marginal note:Release of seized thing

30. 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:Application for return

• 31. (1) Subject to section 35, if proceedings are instituted in relation to a 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 Tribunal 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.

• Marginal note:Order for return

  (2) If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

Other Measures

Marginal note:Removal or destruction of unlawful imports

• 32. (1) An inspector who has reasonable grounds to believe that an imported food commodity does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

• Marginal note:Notice

  (2) The notice must be either delivered personally to the owner or importer of the food commodity, or to the person having possession, care or control of it, or sent by registered mail, to the owner’s, importer’s or person’s address in Canada.

• Marginal note:Forfeiture

  (3) If the food commodity 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 section 30, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.

• Marginal note:Suspension of application of subsection (3)

  (4) An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that

  • (a) the food commodity does not present a risk of injury to human health;

  • (b) the food commodity will not be sold within that period;

  • (c) the measures that should have been taken for the food commodity 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 food commodity 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 the inspector is satisfied that

  • (a) the food commodity does not present a risk of injury to human health;

  • (b) the food commodity 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 food commodity 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.

Marginal note:Injunction

• 33. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

  • (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) do an act that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Forfeiture

Marginal note:Unclaimed seized things

• 34. (1) A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or

  • (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing.

• Marginal note:Disposal

  (3) A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure.

Marginal note:Consent — seized thing

35. If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense.

Marginal note:Violation or offence

• 36. (1) If the Tribunal decides that a person has committed a violation or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of,

  • (a) if the thing was not seized, its owner; or

  • (b) if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure.

• Marginal note:Return of seized things if no forfeiture ordered

  (3) If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure.

• Marginal note:Exception

  (4) Despite subsection (3), if a penalty or fine was imposed,

  • (a) the thing may continue to be detained until the penalty or fine is paid; or

  • (b) the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine.