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

Incorporation by Reference

Marginal note:Incorporation by reference

52 A regulation made under subsection 51(1) 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

53 The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 51(1), including any amendments to the document, is accessible.

Marginal note:Defence

54 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 subsection 51(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by section 53 or it was otherwise accessible to the person.

Marginal note:No registration or publication

55 For greater certainty, a document that is incorporated by reference in a regulation made under subsection 51(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Interim Orders

Marginal note:Interim orders

• 56 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under subsection 51(1) if he or she believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under subsection 51(1) that has the same effect as the interim order comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention,

  • (a) the person had been notified of the interim order; or

  • (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Statutory Instruments Act

  (4) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

• Marginal note:Presumption

  (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under subsection 51(1) is considered to include interim orders, and any reference to a regulation made under a specified provision of that subsection is considered to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting.

Costs

Marginal note:Recovery

57 Costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection, moving, seizure and detention, forfeiture, disposal, return or release of anything under this Act, constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Limitation on Liability

Marginal note:Her Majesty not liable

58 If a person must, under this Act, do anything or permit an inspector 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

59 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.

60 [Repealed before coming into force, 2014, c. 20, s. 235]

61 [Repealed before coming into force, 2014, c. 20, s. 235]

62 [Repealed before coming into force, 2014, c. 20, s. 235]

63 [Repealed before coming into force, 2014, c. 20, s. 235]

64 [Repealed before coming into force, 2014, c. 20, s. 235]

65 [Repealed before coming into force, 2014, c. 20, s. 235]

66 [Repealed before coming into force, 2014, c. 20, s. 235]

67 [Repealed before coming into force, 2014, c. 20, s. 235]

Review

Marginal note:Review

• 68 (1) Five years after the coming into force of this section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

• Marginal note:Report

  (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

Transitional Provisions

Marginal note:Definitions

69 The following definitions apply in sections 70 to 72.

commencement day

commencement day means the day on which section 102 comes into force. (date d’entrée en vigueur)

former Tribunal

former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. (ancienne Commission)

new Tribunal

new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (nouvelle Commission)

Marginal note:Chairperson

70 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.

Marginal note:Other members

71 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.

Marginal note:Pending proceedings

72 Proceedings pending before the former Tribunal immediately before the commencement day are to be taken up and continued before the new Tribunal.

Marginal note:Licences, permits, registrations and authorizations

• 73 (1) For the purpose of permitting a licence or permit issued, registration made or authorization given under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act to continue to have effect on the commencement day, the authority issuing, making or giving it, or renewing it, may include in it a statement to the effect that it is also a licence or registration issued or made under this Act.

• Marginal note:Presumption

  (2) Every licence, permit, registration or authorization that contains a statement added to it under subsection (1) and the term of which has not expired before the commencement day is considered, as expressed in the statement, to be a licence or registration issued or made under this Act.

• Marginal note:Term

  (3) Unless suspended or revoked under this Act, every licence, permit, registration or authorization to which subsection (2) applies remains in force for the remainder of the period during which it would have been in force had sections 20 and 21 not come into force.

• Marginal note:Suspensions

  (4) A suspended licence, permit, registration or authorization to which subsection (2) applies that was suspended before the commencement day and that continues to be suspended immediately before that day is considered to be suspended under this Act.

• Marginal note:Applications

  (5) An application for a licence, permit, registration or authorization under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act that was made before the commencement day and in respect of which no decision has been made before that day is considered to be an application for a licence or a registration under this Act.

• Definition of commencement day

  (6) In this section, commencement day means the day on which section 1 comes into force.

Marginal note:Seized things

74 Sections 28 to 37 apply in respect of any thing seized under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act — or seized under the Consumer Packaging and Labelling Act by a person designated as an inspector under the Canadian Food Inspection Agency Act for the enforcement of the Consumer Packaging and Labelling Act as it relates to food — that had not been returned to any person, released or forfeited, or removed from Canada, before the day on which section 1 comes into force.

Marginal note:Regulations

75 The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.

Repeals

76 [Repeal]

77 [Repeal]

78 [Repeal]

Related and Consequential Amendments

Competition Act

79 [Amendment]

Consumer Packaging and Labelling Act

80 [Amendments]

81 [Amendment]

82 [Amendment]

83 [Amendment]

84 [Amendments]

85 [Amendment]

Federal Courts Act

86 [Amendment]

Feeds Act

87 [Amendment]

Fertilizers Act

88 [Amendment]

Seeds Act

89 [Amendment]

90 [Amendment]

91 [Amendment]

Customs Act

92 [Amendments]

Health of Animals Act

93 [Amendment]

94 [Amendments]

Plant Protection Act

95 [Amendment]

Contraventions Act

96 [Amendment]

Agriculture and Agri-Food Administrative Monetary Penalties Act

97 [Amendment]

98 [Amendment]

99 [Amendment]

100 [Amendment]

101 [Amendment]

102 [Amendment]

Canadian Food Inspection Agency Act

103 [Amendment]

104 [Amendment]

105 [Amendment]

Pest Control Products Act

106 [Amendment]

Canada Border Services Agency Act

107 [Amendment]

108 [Amendment]

Coordinating Amendments

109 [Amendments]

110 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote ^*111 This Act, except sections 73, 94, 109 and 110, comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 73, 94, 109 and 110 in force on assent November 22, 2012; Act, other than sections 73, 94, 109 and 110, in force January 15, 2019, see SI/2018-39.]