GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Feeds Act — F-9 5.1
Incorporation by reference 5.1 (1) A regulation made under subsection 5(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. Accessibility (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 5(1), including any amendments to the document, is accessible. 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 subsection 5(1) 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. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 5(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2015, c. 2, s. 57
Feeds Act — F-9 5.2
Persons 5.2 (1) The Minister may, on application, register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed feed that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — or both register a person and issue them a licence. Conditions — regulations (2) The registration and the licence are subject to the prescribed conditions. Conditions — Minister (3) The Minister may make a registration or licence subject to any additional conditions that he or she considers appropriate. Obligation to comply (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject. No transfer (5) The registration or licence is not transferable. 2015, c. 2, s. 57
Feeds Act — F-9 5.3
Establishments 5.3 (1) The Minister may, on application, register an establishment as one where a prescribed activity may be conducted in respect of a prescribed feed that has been imported for sale or that is to be exported or to be sent or conveyed from one province to another. Holder (2) The applicant in respect of an establishment is the holder of the registration. Conditions — regulations (3) The registration is subject to the prescribed conditions. Conditions — Minister (4) The Minister may make a registration subject to any additional conditions that he or she considers appropriate. Obligation to comply (5) The holder of the registration must comply with all the conditions to which the registration is subject. No transfer (6) The registration is not transferable. 2015, c. 2, s. 57
Feeds Act — F-9 5.4
Amendment, suspension, cancellation and renewal 5.4 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 5.2(1) or 5.3(1) or a licence issued under subsection 5.2(1). 2015, c. 2, s. 57
Feeds Act — F-9 5.5
Export certificates 5.5 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any feed. 2015, c. 2, s. 57
Feeds Act — F-9 5.6
Disposition of samples 5.6 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate. 2015, c. 2, s. 57
Feeds Act — F-9 5.7
Inspection marks 5.7 Every inspection mark is a trademark and the exclusive property in the trademark and, subject to this Act, the right to its use are vested in Her Majesty in right of Canada. 2015, c. 2, s. 57 2014, c. 20, s. 366(E)
Feeds Act — F-9 5.8
Consideration of information 5.8 In considering an application made under the regulations in relation to a feed, the Minister may consider information that is available from a review or evaluation of a feed 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. 2015, c. 2, s. 57
Feeds Act — F-9 6
Designation of inspectors and analysts 6 (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act. Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. R.S., 1985, c. F-9, s. 6; 1997, c. 6, s. 46; 2005, c. 38, s. 112
Feeds Act — F-9 7
Powers of inspectors 7 (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) enter any place in which the inspector believes on reasonable grounds there is any feed to which this Act applies; (b) open any package found in that place that the inspector believes on reasonable grounds contains any such feed; (c) examine the feed and take samples thereof; (d) require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading, documents containing mixing instructions, or other documents or papers with respect to the administration of this Act or the regulations; and (e) remove anything from that place for the purpose of examination, conducting tests or taking samples. 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). 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. 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. Assistance to inspectors (2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an 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 the administration of this Act and the regulations. Provision of documents, information or samples (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. R.S., 1985, c. F-9, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 8; 2015, c. 2, s. 58
Feeds Act — F-9 8
Obstruction of inspectors 8 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act. False statements (2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act. R.S., c. F-7, s. 9
Feeds Act — F-9 9
Seizure 9 (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Release of seized article (2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to an article seized under this Act have been complied with, the article must be released. Forfeiture (3) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada. R.S., 1985, c. F-9, s. 9; 1995, c. 40, s. 47; 2015, c. 2, s. 59
Feeds Act — F-9 9.1
Removal or destruction of unlawful imports 9.1 (1) An inspector who has reasonable grounds to believe that an imported feed does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the feed is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it. Notice (2) The notice must either be delivered personally to the owner or importer of the feed or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the feed is not removed from Canada or destroyed within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 9(2), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. Suspension of application of subsection (3) (4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that (a) harm to human or animal health or the environment is unlikely to result; (b) the feed will not be sold within that period; (c) the measures that should have been taken for the feed not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the feed does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector may cancel the notice if he or she is satisfied that (a) harm to human or animal health or the environment is unlikely to result; (b) the feed has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the feed did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. Non-application of Statutory Instruments Act (7) The Statutory Instruments Act does not apply in respect of the notice. 2015, c. 2, s. 60
Feeds Act — F-9 9.2
Analysis and examination 9.2 An inspector may submit to an analyst, for analysis or examination, (a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or (b) anything removed under paragraph 7(1)(e), any article seized under subsection 9(1) or any sample of that thing or article. 2015, c. 2, s. 60
Feeds Act — F-9 9.3
Her Majesty not liable 9.3 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. 2015, c. 2, s. 60
Feeds Act — F-9 9.4
No liability 9.4 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. 2015, c. 2, s. 60
Feeds Act — F-9 10
Offences 10 (1) Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both. Parties to offence (2) If a person other than an individual commits an offence under subsection (1), 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. Proof of offence (3) 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. Limitation period (4) 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. (5) [Repealed, 2015, c. 2, s. 61] R.S., 1985, c. F-9, s. 10; 1995, c. 40, s. 48; 1997, c. 6, s. 47; 2015, c. 2, s. 61
Feeds Act — F-9 11
Certificate of analyst 11 (1) A certificate of an analyst stating that the analyst has examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is admissible in evidence in any proceedings for a violation, or for an offence under this Act, and, in the absence of any evidence to the contrary, is proof of the statement of analysis contained in the certificate. Admissibility (2) In any proceedings for a violation, or for an offence under this Act, a document purporting to be the certificate of an analyst shall be admitted in evidence without proof of the signature of the person by whom it purports to be signed and without proof of that person’s official position. R.S., 1985, c. F-9, s. 11; 1995, c. 40, s. 49
Feeds Act — F-9 12
Venue 12 A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. F-9, s. 12; R.S., 1985, c. 27 (1st Supp.), s. 203
Feeds Act — F-9 47
Transitional 47 (2) For greater certainty, the two year limitation period provided for in subsection 10(4) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
Canada Grain Act — G-10 1
Short title 1 This Act may be cited as the Canada Grain Act . 1970-71-72, c. 7, s. 1
Canada Grain Act — G-10
actual producer means a person actually engaged in the production of grain; ( producteur-exploitant )
Canada Grain Act — G-10
cash purchase ticket means a document in prescribed form issued in respect of grain delivered to a primary elevator, process elevator or grain dealer as evidence of the purchase of the grain by the operator of the elevator or the grain dealer and entitling the holder of the document to payment, by the operator or grain dealer, of the purchase price stated in the document; ( bon de paiement )
Canada Grain Act — G-10
class , in respect of grain, means any variety or varieties of grain designated by order of the Commission as a class for the purposes of this Act; ( classe )
Canada Grain Act — G-10
Commission means the Canadian Grain Commission established by section 3; ( Commission )
Canada Grain Act — G-10
commissioner means a commissioner appointed pursuant to section 3; ( commissaire )
Canada Grain Act — G-10
contaminated [Repealed, 2020, c. 1, s. 60]
Canada Grain Act — G-10
crop year means, subject to any order of the Governor in Council made pursuant to section 115, the period commencing on August 1 in any year and terminating on July 31 in the year next following; ( campagne agricole )
Canada Grain Act — G-10
Division means the Eastern Division or the Western Division; ( région )
Canada Grain Act — G-10
dockage means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that must and can be separated from the parcel of grain before that grade can be assigned to the grain; ( impuretés )
Canada Grain Act — G-10
Eastern Division means that part of Canada not included in the Western Division; ( région de l’Est )
Canada Grain Act — G-10
eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; ( grain de l’Est )
Canada Grain Act — G-10 (a)
elevator means (a) any premises in the Western Division (i) into which grain may be received or out of which grain may be discharged directly from or to railway cars or ships, (ii) constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, or (iii) constructed for the purpose of handling and storing grain as part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise, (b) any premises in the Eastern Division, situated along Lake Superior, Lake Huron, Lake St. Clair, Lake Erie, Lake Ontario or the canals or other navigable waters connecting those Lakes or the St. Lawrence River or any tidal waters, and into which grain may be received directly from railway cars or ships and out of which grain may be discharged directly to ships, (c) the portion of any premises in the Eastern Division designated by regulation pursuant to subsection 116(3) that is used for the purpose of storing grain, (d) and (e) [Repealed before coming into force, 2008, c. 20, s. 3] including any such premises owned or operated by Her Majesty in right of Canada or a province or any agent thereof; ( installation ou silo )
Canada Grain Act — G-10 (a)
elevator receipt means a document in prescribed form issued in respect of grain delivered to an elevator acknowledging receipt of the grain and, subject to any conditions contained therein or in this Act, entitling the holder of the document (a) to the delivery of grain of the same kind, grade and quantity as the grain referred to in the document, or (b) in the case of a document issued for specially binned grain, to delivery of the identical grain; ( récépissé )
Canada Grain Act — G-10
export standard sample means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(b); ( échantillon-type d’exportation )
Canada Grain Act — G-10
foreign grain [Repealed, 2020, c. 1, s. 60]
Canada Grain Act — G-10
foreign material means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that is of such a character and in such limited quantity that it need not be separated from the parcel of grain before that grade can be assigned to the grain; ( matières étrangères )
Canada Grain Act — G-10
grade name means the name, or name and number, assigned to any grade of grain established by or under this Act and includes any abbreviation prescribed for that grade name; ( appellation de grade )
Canada Grain Act — G-10
grain means any seed designated by regulation as a grain for the purposes of this Act; ( grain )
Canada Grain Act — G-10
grain dealer means a person who, for reward, on his own behalf or on behalf of another person, deals in or handles western grain; ( négociant en grains )
Canada Grain Act — G-10
grain product means any product that is produced by processing or manufacturing any grain alone or with any other grain or substance and that may be presented for storage or handling at an elevator; ( produit céréalier )
Canada Grain Act — G-10
grain receipt means a document in prescribed form issued in respect of grain delivered to a process elevator or grain dealer acknowledging receipt of the grain and entitling the holder of the document to payment by the operator of the elevator or the grain dealer for the grain; ( accusé de réception )
Canada Grain Act — G-10 (a)
holder , in relation to any document that entitles the person to whom it is delivered to the payment of money or the delivery of grain, means the person who, from time to time, is so entitled by virtue of (a) the issue or endorsement to him of the document, or (b) the delivery to him of the document after it has been endorsed in blank; ( détenteur )
Canada Grain Act — G-10
imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; ( grain importé )
Canada Grain Act — G-10
infested means containing any injurious, noxious or troublesome insect or animal pest; ( infesté )
Canada Grain Act — G-10
inspection point means any place at which the Commission has made provision for the inspection of grain; ( poste d’inspection )
Canada Grain Act — G-10
inspector means a person designated as an inspector by the Commission pursuant to section 12; ( inspecteur )
Canada Grain Act — G-10 (a)
lawfully means (a) in accordance with this Act, and (b) in respect of (i) the offering of grain for delivery to or storage in a primary elevator, (ii) the delivery of grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, or (iii) the delivery of grain to a public carrier for carriage to any elevator or consignee referred to in subparagraph (ii), deliverable by the owner of the grain, receivable by the public carrier for carriage to the elevator or consignee and receivable by the operator of the elevator or consignee, in accordance with this Act; ( légalement )
Canada Grain Act — G-10
licence means a licence to operate an elevator or to carry on business as a grain dealer issued by the Commission; ( licence )
Canada Grain Act — G-10
licensed means, in respect of an elevator, licensed for operation under a licence that is held by a licensee; ( agréée )
Canada Grain Act — G-10
licensee means a person who holds a licence to operate an elevator or to carry on business as a grain dealer; ( titulaire de licence )