R.S., c. F-10Fertilizers Act
Marginal note:1995, c. 40, s. 50
R.S., c. S-8Seeds Act
Marginal note:1995, c. 40, s. 86
90. The Act is amended by adding the following after section 2:
Marginal note:Power of Minister
2.1 For the purpose of this Act and the regulations, the Minister may designate all or part of any building or place used for grading, testing or analysing seeds as an accredited laboratory.
91. Subsection 4(1) of the Act is amended by adding the following after paragraph (h.5):
(h.6) respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject;
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:2005, c. 38, s. 80(2)
(c) for the purposes of any Act or instrument made under it, or any part of such an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.
Marginal note:2005, c. 38, s. 80(3)
(2) Paragraph 107(4)(c.1) of the Act is replaced by the following:
(c.1) may reasonably be regarded as necessary solely for a purpose relating to the enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act by an official of the Agency;
1990, c. 21Health of Animals Act
Marginal note:1995, c. 40, s. 54
94. (1) Paragraph 64(1)(z.1) of the Act is replaced by the following:
(z.1) governing the manufacture, sale, distribution or use of any means of identification used in the system established under paragraph (y);
(2) Subsection 64(1) of the Act is amended by adding the following after paragraph (z.3):
(z.31) requiring persons to provide to the Minister or any other person authorized by the Minister, in the form and manner that the Minister or other person, as the case may be, directs, information in relation to animals or things to which this Act or the regulations apply, including information in respect of their movements, events in relation to them and places where they are or were located;
(z.32) governing the identification of places in respect of which information is to be provided under regulations made under paragraph (z.31);
(z.33) prohibiting or governing the use or disclosure of information provided under regulations made under any of paragraphs (y) to (z.1) and (z.31);
1990, c. 22Plant Protection Act
Marginal note:1995, c. 40, s. 75
1992, c. 47Contraventions Act
Marginal note:1997, c. 21, s. 29
97. The long title of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
Marginal note:1997, c. 21, s. 30
98. The definitions “agri-food Act” and “Tribunal” in section 2 of the Act are replaced by the following:
« loi agroalimentaire »
“agri-food Act” means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act;
« Commission »
“Tribunal” means the Review Tribunal continued by subsection 27(1);
99. Subparagraph 4(1)(a)(iii) of the Act is replaced by the following:
100. Paragraph 7(1)(c) of the English version of the Act is replaced by the following:
101. Subsection 15(3) of the Act is replaced by the following:
Marginal note:Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.
102. The heading before section 27 and sections 27 to 90 of the Act are replaced by the following:
Marginal note:Review Tribunal continued
27. (1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.
(2) The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.
28. A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.
29. The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.
30. (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.
(2) Each member may be re-appointed as a member in the same or another capacity.
Marginal note:No other federal public administration
31. A member must not hold any other office in the federal public administration.
Marginal note:Conflict of interest
32. A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.
Marginal note:Duties of Chairperson
33. (1) The Chairperson is the Tribunal’s chief executive officer and apportions work among its members.
Marginal note:Absence or incapacity of Chairperson
(2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.
Remuneration and Expenses
34. (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.
Marginal note:Travel and living expenses
(2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.
Marginal note:Staff and facilities
35. The Minister may provide the Tribunal with any officers and employees from within the federal public administration, and any facilities and professional advisers, that are necessary for the proper conduct of its business.
Marginal note:Contractual assistance
36. The Tribunal may enter into contracts for the services of persons having technical or specialized knowledge of any matter before the Tribunal.
Marginal note:Head office
37. (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.
(2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.
38. (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.
Marginal note:Review by Federal Court
(2) An order of the Tribunal may only be reviewed under the Federal Courts Act.
39. (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:
(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and
(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.
Marginal note:Other legally qualified members
(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.
40. Reviews by the Tribunal are to be heard by a single member.
Marginal note:Court of record
41. (1) The Tribunal is a court of record with an official seal that must be judicially noticed.
Marginal note:Examination of witnesses, etc.
(2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may
(a) issue a summons requiring a person
(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and
(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;
(b) administer oaths and examine any person on oath; and
(c) during a hearing, receive any evidence that it considers relevant and trustworthy.
42. The Tribunal may, with the approval of the Governor in Council, make rules governing
(a) the practice and procedure in respect of hearings;
(b) the time and manner in which applications and notices must be made or given; and
(c) the work of the Tribunal under this or any other Act of Parliament.
43. The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.
Marginal note:Rules of evidence
44. The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Marginal note:Privileged evidence not receivable
45. The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
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