GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fertilizers Act — F-10 5
intain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting (i) the information in those documents, (ii) the manner in which they are to be prepared, kept or maintained, (iii) the place where they are to be kept or maintained, and (iv) the manner in which they are to be provided or access to them is to be provided; (j.2) respecting the issuance of certificates or other documents for the purpose of section 5.5; (k) prescribing anything else that by this Act is required to be prescribed; and (l) generally, for carrying out the purposes and provisions of this Act. Paragraphs (1)(c.1) and (c.2) (1.1) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things, establish preclearance or in-transit requirements for any imported fertilizer or supplement or anything imported with it. Paragraph (1)(j.1) (1.2) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a fertilizer or supplement presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector. Regulations — international agreements (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions: (a) Article 20.45 of the Canada–United States–Mexico Agreement; (b) paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or (c) Article 18.47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement. Definitions (3) The following definitions apply in subsection (2). Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( Accord Canada–États-Unis–Mexique ) Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act . ( Accord de partenariat transpacifique global et progressiste ) WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act . ( Accord sur l’OMC ) R.S., 1985, c. F-10, s. 5; 1993, c. 44, s. 155; 1994, c. 47, s. 115; 2002, c. 28, s. 84; 2015, c. 2, s. 66 2020, c. 1, s. 53
Fertilizers Act — F-10
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( Accord Canada–États-Unis–Mexique )
Fertilizers Act — F-10
Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act . ( Accord de partenariat transpacifique global et progressiste )
Fertilizers Act — F-10
WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act . ( Accord sur l’OMC )
Fertilizers Act — F-10 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. 67
Fertilizers Act — F-10 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 fertilizer or supplement 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. 67
Fertilizers Act — F-10 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 fertilizer or supplement 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. 67
Fertilizers Act — F-10 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. 67
Fertilizers Act — F-10 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 fertilizer or supplement. 2015, c. 2, s. 67
Fertilizers Act — F-10 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. 67
Fertilizers Act — F-10 5.7
Consideration of information 5.7 In considering an application made under the regulations in relation to a fertilizer or supplement, the Minister may consider information that is available from a review or evaluation of a fertilizer or supplement 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. 67
Fertilizers Act — F-10 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-10, s. 6; 1997, c. 6, s. 49; 2005, c. 38, s. 113
Fertilizers Act — F-10 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 article to which this Act applies; (b) open any package found in that place that the inspector believes on reasonable grounds contains any such article; (c) examine the article and take samples thereof; and (d) 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-10, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 9; 2015, c. 2, s. 68
Fertilizers Act — F-10 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-9, s. 8
Fertilizers Act — F-10 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-10, s. 9; 1995, c. 40, s. 51; 2015, c. 2, s. 69
Fertilizers Act — F-10 9.1
Removal or destruction of unlawful imports 9.1 (1) An inspector who has reasonable grounds to believe that an imported fertilizer or supplement 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 fertilizer or supplement 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 fertilizer or supplement 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 fertilizer or supplement 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, animal or plant health or the environment is unlikely to result; (b) the fertilizer or supplement will not be sold within that period; (c) the measures that should have been taken for the fertilizer or supplement 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 fertilizer or supplement 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, animal or plant health or the environment is unlikely to result; (b) the fertilizer or supplement 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 fertilizer or supplement 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. 70
Fertilizers Act — F-10 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)(d), any article seized under subsection 9(1) or any sample of that thing or article. 2015, c. 2, s. 70
Fertilizers Act — F-10 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. 70
Fertilizers Act — F-10 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. 70
Fertilizers Act — F-10 10
Offences 10 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. R.S., 1985, c. F-10, s. 10; 1995, c. 40, s. 52; 2015, c. 2, s. 71
Fertilizers Act — F-10 10.1
Parties to offence 10.1 If a person other than an individual commits an offence under section 10, 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. 1997, c. 6, s. 50; 2015, c. 2, s. 72
Fertilizers Act — F-10 11
Proof of offence 11 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. R.S., 1985, c. F-10, s. 11; 2015, c. 2, s. 72
Fertilizers Act — F-10 11.1
Limitation period 11.1 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. 2015, c. 2, s. 72
Fertilizers Act — F-10 12
Certificate of analyst 12 In any proceedings for a violation, or for an offence under this Act, a certificate of an analyst stating that the analyst has analyzed or examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is evidence of the statement contained in the certificate. R.S., 1985, c. F-10, s. 12; 1995, c. 40, s. 53
Fertilizers Act — F-10 13
Venue 13 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-10, s. 13; R.S., 1985, c. 27 (1st Supp.), s. 203
Fertilizers Act — F-10 50
Transitional 50 (2) For greater certainty, the two year limitation period provided for in subsection 10.1(1) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
Financial Consumer Agency of Canada Act — F-11.1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Financial Consumer Agency of Canada Act — F-11.1 1
Short title 1 This Act may be cited as the Financial Consumer Agency of Canada Act .
Financial Consumer Agency of Canada Act — F-11.1 2
ns an insurance holding company as defined in subsection 2(1) of the Insurance Companies Act . ( société de portefeuille d’assurances ) Minister means the Minister of Finance. ( ministre ) participating entity [Repealed, 2026, c. 3, s. 226] payment card network operator means an entity, as defined in section 3 of the Payment Card Networks Act , that operates or manages a payment card network, as defined in that section, including by establishing standards and procedures for the acceptance, transmission or processing of payment transactions and by facilitating the electronic transfer of information and funds. ( exploitant de réseau de cartes de paiement ) penalty means an administrative monetary penalty. ( pénalité ) prescribed means prescribed by regulation. ( Version anglaise seulement ) Senior Deputy Commissioner [Repealed, 2026, c. 3, s. 226] technical standards body [Repealed, 2026, c. 3, s. 226] 2001, c. 9, s. 2; 2009, c. 2, s. 280; 2010, c. 12, s. 1835, c. 25, s. 156; 2012, c. 5, ss. 217, 222; 2013, c. 1, s. 2 2018, c. 27, s. 336 2024, c. 17, s. 199 2026, c. 3, s. 226 2026, c. 3, s. 351
Financial Consumer Agency of Canada Act — F-11.1
Agency means the Financial Consumer Agency of Canada established under section 3. ( Agence )
Financial Consumer Agency of Canada Act — F-11.1
bank holding company means a bank holding company as defined in section 2 of the Bank Act ; ( société de portefeuille bancaire )
Financial Consumer Agency of Canada Act — F-11.1
Commissioner means the Commissioner of the Agency appointed under section 4. ( commissaire )
Financial Consumer Agency of Canada Act — F-11.1 (a)
consumer provision means (a) paragraph 157(2)(e), sections 195.1, 273.1, 627.02 to 627.998 and 979.1 to 979.4 of the Bank Act together with any regulations made under or for the purposes of those provisions; (a.1) sections 992 to 1003 of the Bank Act as those sections apply to any notice, document or other information that is required under the provisions referred to in paragraph (a); (a.2) the provisions contained in a plan approved by the Minister under subsection 39.011(2) of the Bank Act ; (b) paragraphs 167(2)(f) and (g), subsection 382.2(3) and sections 385.05 to 385.28 of the Cooperative Credit Associations Act together with any regulations made under or for the purposes of those provisions; (b.1) sections 487.01 to 487.12 of the Cooperative Credit Associations Act as those sections apply to any notice, document or other information that is required under the provisions referred to in paragraph (b); (c) paragraphs 165(2)(f) and (g), subsection 469.1(3), sections 479 to 489.3, subsection 542.061(3) and sections 598 to 607.2 of the Insurance Companies Act together with any regulations made under or for the purposes of those provisions; (c.1) sections 1034 to 1045 of the Insurance Companies Act as those sections apply to any notice, document or other information that is required under the provisions referred to in paragraph (c); (d) paragraphs 161(2)(e) and (f), subsection 418.1(3) and sections 425.1 to 444.3 of the Trust and Loan Companies Act together with any regulations made under or for the purposes of those provisions; (d.1) sections 539.01 to 539.12 of the Trust and Loan Companies Act as those sections apply to any notice, document or other information that is required under the provisions referred to in paragraph (d); and (e) subsection 469.1(3) as set out in paragraph 17(1)(f) of the Green Shield Canada Act and the provisions referred to in paragraph 17(1)(f.1) of that Act as they apply to Green Shield Canada in accordance with section 17 of that Act together with any regulations made under or for the purposes of those provisions. ( disposition visant les consommateurs )
Financial Consumer Agency of Canada Act — F-11.1
Deputy Commissioner means a Deputy Commissioner appointed under section 8. ( commissaire adjoint )
Financial Consumer Agency of Canada Act — F-11.1
external complaints body has the same meaning as in section 2 of the Bank Act . ( organisme externe de traitement des plaintes )