Agricultural Growth Act (S.C. 2015, c. 2)
Full Document:
Assented to 2015-02-25
91. The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspection
38. (1) For the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector or officer may
92. (1) Subsection 45(1) of the Act is replaced by the following:
Marginal note:Release of seized animal or thing
45. (1) If an inspector or officer is satisfied that the provisions of this Act and the regulations that apply with respect to an animal or thing seized under this Act have been complied with, the animal or thing must be released.
Marginal note:1995, c. 40, s. 57
(2) Subsection 45(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 an animal or thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the animal or 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. 59(1)
93. Subsection 47(1) of the Act is replaced by the following:
Marginal note:Disposal of forfeited animals and things
47. (1) If the Tribunal or the court, as the case may be, orders the forfeiture of an animal or thing under subsection 46(1), the animal or thing shall be disposed of as the Minister may direct.
94. Section 50 of the Act is replaced by the following:
Marginal note:Her Majesty not liable
50. If a person must, under this Act, do anything or permit an inspector or officer 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
50.1 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.
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;
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