GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Consumer Packaging and Labelling Act — C-38 15
Seizure 15 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Seizure limitation (2) Except to the extent that the product or other thing, or a sample thereof, is required as evidence, an inspector shall not seize any product or other thing pursuant to subsection (1) where, in the opinion of the inspector, the seizure of the product or other thing is not necessary in the public interest. Notice to person of provision contravened (3) Where an inspector has seized and detained any product or other thing pursuant to subsection (1), he shall, as soon as practicable, advise the person in whose possession the product or other thing was at the time of seizure of the provision of this Act or the regulations that the inspector believes has been contravened. Detention limitation (4) Any product or other thing seized pursuant to subsection (1) shall not be detained (a) after the provisions of this Act or any regulations that are applicable to the product or other thing have, in the opinion of an inspector, been complied with; (b) except to the extent that the product or other thing, or a sample thereof, is required as evidence, after an inspector or the Minister is, on application made by the owner of the product or other thing or by the person in whose possession the product or other thing was at the time of seizure, satisfied that it is not necessary in the public interest to continue to detain the product or other thing; or (c) after the expiry of 60 days after the day of seizure unless, before that time, (i) the product or other thing has been forfeited pursuant to section 17, (ii) proceedings have been instituted in respect of the contravention in relation to which the product or other thing was seized, in which event the product or other thing may be detained until the proceedings are finally concluded, or (iii) notice of an application for an order extending the time during which the product or other thing may be detained has been served in accordance with section 16. Storage and removal (5) A product or other thing seized by an inspector pursuant to subsection (1) shall be kept or stored in the building or place where it was seized, except where the product or thing, or a sample thereof, is required as evidence or the person in whose possession the product or thing was at the time of seizure or the person entitled to possession of the building or place requests that it be removed to some other proper place, in which case the product or thing or the sample thereof, as the case may be, may be removed to and stored in any other proper place at the direction of or with the concurrence of an inspector. R.S., 1985, c. C-38, s. 15; 1997, c. 6, s. 41 2012, c. 24, s. 83
Consumer Packaging and Labelling Act — C-38 16
Application to extend period of detention 16 (1) Where proceedings have not been instituted in respect of the contravention in relation to which any product or other thing was seized and detained pursuant to subsection 15(1), the Minister may, before the expiration of the period referred to in paragraph 15(4)(c) and on the serving of prior notice in accordance with subsection (2) on the owner of the product or other thing or on the person in whose possession the product or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the product or other thing may be detained. Notice of application (2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify (a) the provincial court judge to whom the application is to be made; (b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice; (c) the product or other thing in respect of which the application is to be made; and (d) the evidence on which the Minister intends to rely to show why the time during which the product or other thing may be detained should be extended. Order of extension granted (3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that (a) the product or other thing be detained for such additional period of time and on such conditions relating to the detention for that period as he deems proper, and (b) on the expiration of that period, the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof, unless, before the expiration of that period, subparagraph 15(4)(c)(i) or (ii) applies. Order of extension refused (4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof on the expiration of the period referred to in paragraph 15(4)(c), unless (a) before the expiration of that period of time, subparagraph 15(4)(c)(i) or (ii) applies; or (b) at the time of the hearing, that period has then expired, in which event the provincial court judge shall order the restoration thereof forthwith to the person from whom it was seized or to any other person entitled to possession thereof. R.S., 1985, c. C-38, s. 16; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 6, s. 42
Consumer Packaging and Labelling Act — C-38 17
Forfeiture on consent 17 (1) Where an inspector has seized any product or other thing pursuant to subsection 15(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the product or other thing, the product or other thing is thereupon forfeited to Her Majesty. Forfeiture or other disposal on conviction (2) Where a person is convicted of an offence under this Act and any product or other thing seized pursuant to subsection 15(1) by means of which or in relation to which the offence was committed is then being detained, the product or other thing (a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or (b) shall, on the expiration of the time for bringing an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act. Articles deemed not to have been seized (3) For the purposes of subsection (2), any product or other thing released from detention pursuant to paragraph 15(4)(a) or (b) shall be deemed not to have been seized pursuant to section 15. 1970-71-72, c. 41, s. 17
Consumer Packaging and Labelling Act — C-38 18
Regulations 18 (1) The Governor in Council may make regulations (a) exempting, conditionally or unconditionally, any prepackaged product or class of prepackaged product from any or all of the provisions of this Act or the regulations; (b) exempting, conditionally or unconditionally, any type of transaction in relation to any prepackaged product or class of prepackaged product from the prohibition contained in section 4; (c) defining the expression principal display panel for the purposes of this Act; (d) prescribing the information that shall be shown on the container of a prepackaged product where any representation is made thereon that the prepackaged product is being offered for sale below the usual retail price; (e) requiring the statement on the container of a prepackaged product of any information or representation required to be shown in a label, in addition to or in place of the statement of that information or representation in a label; (f) prescribing the form and manner in which, including the language or languages in which, any information or representation required to be declared or shown in any label, on any container or in any advertisement shall be declared or shown; (g) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a prepackaged product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation; (h) subject to any other Act of Parliament, extending or applying any provision of this Act to or in respect of any product or class of product specified in the regulations that is not a prepackaged product but is ordinarily sold to or purchased by a consumer (i) otherwise than for resale or for use in the course of a business, trade or calling, or (ii) with a label applied thereto, whether or not that label contains a declaration of net quantity; (i) respecting the detention of products and other things seized and detained under section 15; (j) respecting the disposition of products and other things forfeited under section 17; (k) prescribing any matter or thing that by this Act may be prescribed; and (l) generally for carrying out the purposes and provisions of this Act. Where statement on container deemed to be label (2) Where any information or representation is required by the regulations to be stated on the container of a prepackaged product in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the prepackaged product. 1970-71-72, c. 41, s. 18
Consumer Packaging and Labelling Act — C-38 19
Publication and opportunity for representations 19 A copy of each regulation or amendment to a regulation that the Governor in Council proposes to make under section 11 or 18 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to consumers, dealers and other interested persons to make representations with respect thereto. 1970-71-72, c. 41, s. 19
Consumer Packaging and Labelling Act — C-38 20
Contraventions of sections 4 to 9 20 (1) Every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $5,000; or (b) on conviction on indictment, to a fine not exceeding $10,000. Contravention of other provisions or regulations (2) Every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both. (2.1) [Repealed, 2012, c. 24, s. 84] Criminal liability of officers, etc., of corporations (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. R.S., 1985, c. C-38, s. 20; 1997, c. 6, s. 43; 2011, c. 21, s. 120(E) 2012, c. 24, s. 84
Consumer Packaging and Labelling Act — C-38 21
Offence by employee or agent or mandatary 21 (1) In any 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, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission. Limitation period (2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose. (2.1) [Repealed, 2012, c. 24, s. 85] Minister’s certificate (2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it. Venue (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. C-38, s. 21; 1997, c. 6, s. 44; 2011, c. 21, s. 121 2012, c. 24, s. 85
Consumer Packaging and Labelling Act — C-38 22
Identification appearing in labels 22 (1) In any prosecution for an offence under this Act, evidence that a label applied to a product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations in the label. Identification appearing on containers (2) In any prosecution for an offence under this Act in relation to a product to which a label purporting to identify the person by or for whom the product was manufactured or produced is not applied, evidence that a container of the product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the container is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations on the container. 1970-71-72, c. 41, s. 22
Consumer Packaging and Labelling Act — C-38 23
Articles received or in transit before contravened regulation in force 23 (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising of a product if the person establishes to the satisfaction of the court that the product in relation to which the offence was committed was received by, or was in transit to, the person from a dealer before the coming into force of the regulation that created the requirement with which the person has failed to comply. Advertising before contravened regulation in force (2) No person shall be convicted of an offence under this Act in relation to the advertising of a product if the person establishes to the satisfaction of the court that the advertisement (a) was published, or (b) was authorized in final form and despatched for publication, before the coming into force of the regulation that created the requirement with which the person has failed to comply. 1970-71-72, c. 41, s. 23
Consumer Packaging and Labelling Act — C-38 Transitional
Transitional (2) For greater certainty, the two year limitation period provided for in subsection 21(2.1) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
Consumer Packaging and Labelling Act — C-38 74
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.
Canada Employment Insurance Financing Board Act — C-4.4
[Enacted by section 121 of chapter 28 of the Statutes of Canada, 2008; Act, other than paragraph 4(a), in force June 20, 2008, see SI/2008-76; paragraph 4(a) in force September 23, 2010, see SI/2010-74.]
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 1
Short title 1 This Act may be cited as the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act .
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 2
Definitions 2 The following definitions apply in this section and in sections 3 to 14. Agreement means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. ( Accord ) CETA Joint Committee means the CETA Joint Committee established under Article 26.1 of the Agreement. ( Comité mixte de l’AÉCG ) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. ( texte législatif fédéral ) Minister means the Minister for International Trade. ( ministre )
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8
Agreement means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. ( Accord )
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8
CETA Joint Committee means the CETA Joint Committee established under Article 26.1 of the Agreement. ( Comité mixte de l’AÉCG )
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8
federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. ( texte législatif fédéral )
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8
Minister means the Minister for International Trade. ( ministre )
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 3
Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 4
Non-application of Act and Agreement to water 4 For greater certainty, nothing in this Act or the Agreement, except Chapters Twenty-Two and Twenty-Four of the Agreement, applies to natural surface or ground water in liquid, gaseous or solid state.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 5
Construction 5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 6
Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 7
Purpose 7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) establish a free trade area in accordance with the Agreement; (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the European Union in order to create opportunities for economic development; (c) promote conditions of fair competition affecting trade between Canada and the European Union; (d) substantially increase investment opportunities in Canada and the European Union, while preserving the right of each of the parties to the Agreement to regulate to achieve legitimate policy goals; (e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade; (f) provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies; (g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the European Union on labour matters; (h) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the European Union on environmental matters; and (i) promote sustainable development.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 8
Causes of action under sections 9 to 14 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 14 or an order made under those sections. Causes of action under Agreement (2) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement. Exception (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section F of Chapter Eight or Article 13.21 of the Agreement.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 9
Agreement approved 9 The Agreement is approved.
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act — C-4.8 10
Canadian representative on CETA Joint Committee 10 The Minister is the principal representative of Canada on the CETA Joint Committee.