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)
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Assented to 2016-12-12
60 The Act is amended by adding the following after section 69:
Marginal note:Due diligence
69.1 A person is not to be found guilty of an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — if they establish that they exercised all due diligence to prevent the commission of the offence.
61 The portion of section 71 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
71 In a prosecution for an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — it is sufficient proof of the offence to establish that it was committed by an employee or agent or 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
Marginal note:Terminology
62 The English version of the Act is amended by replacing “requirement” with “order”, with any necessary grammatical modifications that the circumstances require, in the following provisions:
(a) the portion of subsection 57(4) before paragraph (a);
(b) paragraph 59(3)(a) and the portion of subsection 59(4) before paragraph (a);
(c) subsections 60(1), (5), (8) and (10), the portion of subsection 60(12) before paragraph (a) and subsection 60(13); and
(d) section 61.
2010, c. 21Canada Consumer Product Safety Act
63 Subsection 19(2) of the Canada Consumer Product Safety Act is replaced by the following:
Marginal note:Designation
(2) For the purposes of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
64 Paragraph 26(1)(a) of the Act is replaced by the following:
(a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
65 The Act is amended by adding the following after section 28:
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
28.1 (1) An inspector who has reasonable grounds to believe that an imported consumer product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner, importer or the person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner, importer or person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner, importer or person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner, importer or person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the consumer product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
66 The Act is amended by adding the following after section 36:
Costs
Marginal note:Recovery
36.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
36.2 (1) Any debt that may be recovered under subsection 36.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
67 Subsection 37(1) of the Act is amended by striking out “and” after paragraph (o) and by adding the following after that paragraph:
Transitional Provisions
Marginal note:Section 54 of Pest Control Products Act
68 Section 54 of the Pest Control Products Act, as it read immediately before the day on which section 52 of this Act comes into force, continues to apply to a pest control product seized under the Pest Control Products Act before that day.
Marginal note:Sections 60 and 61 of Pest Control Products Act
69 Sections 60 and 61 of the Pest Control Products Act, as they read immediately before the day on which section 62 of this Act comes into force, continue to apply to a requirement in respect of which a notice has been delivered under subsection 53(2), 57(3) or 59(3) of the Pest Control Products Act, as it read immediately before that day.
1995, c. 40Related Amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Act
70 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 or the Pest Control Products Act;
71 Paragraph 7(1)(c) of the English version of the 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 or the Pest Control Products Act
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
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