Canadian Dairy Commission Act (R.S.C., 1985, c. C-15)

Marginal note:Loans to Commission

• 16 (1) At the request of the Commission, the Minister of Finance may, out of the Consolidated Revenue Fund, make loans to the Commission on such terms and conditions as are approved by the Governor in Council for the purpose of exercising any of the powers of the Commission described in paragraphs 9(1)(a) and (b).

• Marginal note:Limit

  (2) The total aggregate amount outstanding at any time of loans made under subsection (1) and amounts drawn under subsection 16.1(2) shall not exceed five hundred million dollars.

Marginal note:Pool bank account

• 16.1 (1) The Commission may establish an account with any member of the Canadian Payments Association for the purpose of, and may deduct from the account any necessary and proper expenses incurred in, exercising any of its powers set out in paragraphs 9(1)(f) to (i).

• Marginal note:Line of credit

  (2) The Commission may, with the approval of the Minister of Finance, establish and use a line of credit with any member of the Canadian Payments Association for the purpose of exercising any of its powers set out in paragraphs 9(1)(f) to (i).

Enforcement

Marginal note:Inspectors

• 17 (1) The Commission may appoint or designate any person as an inspector for the purposes of this Act.

• Marginal note:Certificate to be produced

  (2) The Commission shall furnish every inspector with a certificate of appointment or designation and on entering any place under subsection 18(1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

Marginal note:Powers of inspectors

• 18 (1) Subject to subsection (1.1), an inspector may at any reasonable time

  • (a) enter any place in which the inspector believes on reasonable grounds there is any regulated product; and

  • (b) require any person to produce for inspection, or for the purpose of obtaining copies thereof or extracts therefrom, any books, records or documents relating to that product.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspectors

  (2) The owner or persons in charge of any place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to any regulated product found in that place.

Marginal note:Obstruction and false statements

19 No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out his duties or functions under this Act or any regulation made under this Act.

Offences and Punishment

Marginal note:Contravention of Act or regulations

• 20 (1) Every person who, or whose employee or agent, contravenes or fails to comply with any provision of this Act or any regulation made under this Act is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

• Marginal note:Offence by employee or agent

  (2) In a prosecution for an offence under this section it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified.

• Marginal note:Defence

  (3) Where it is established in any prosecution for an offence under this section that the offence was committed by an employee or agent of the accused, it is a defence to the accused that he exercised all due diligence to prevent the commission of the offence.

• Marginal note:Injunction

  (4) The Commission may, with the approval of the Attorney General of Canada, seek injunctive relief in any court of competent jurisdiction, where the Commission believes on reasonable grounds that a person or their employee or agent has failed to comply with any provision of this Act or any regulation.

General

Marginal note:Inclusion of dairy product on Import Control List

21 The Governor in Council may include on the Import Control List established under the Export and Import Permits Act any dairy product the import of which the Governor in Council deems it necessary to control for the purpose of implementing any action taken under this Act to support the price of that dairy product or that has the effect of supporting the price of that dairy product.