GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Dairy Commission Act — C-15
Minister means the Minister of Agriculture and Agri-Food; ( ministre )
Canadian Dairy Commission Act — C-15
place includes any vehicle, vessel, railway car or aircraft; ( lieu )
Canadian Dairy Commission Act — C-15
regulated product means a dairy product the marketing of which is regulated or prohibited by regulations made under this Act. ( produits réglementés )
Canadian Dairy Commission Act — C-15 3
Commission continued 3 (1) The Canadian Dairy Commission is continued as a corporation consisting of a Chairperson, a Chief Executive Officer and one other member. Appointment of members (2) Notwithstanding section 105 of the Financial Administration Act , each member of the Commission shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate. (3) [Repealed, 2009, c. 2, s. 379] (4) [Repealed, 2006, c. 9, s. 240] Remuneration and expenses (5) Each member of the Commission shall be paid such salary or other remuneration, and may be paid such travel and living expenses incurred in connection with the performance of his duties, as are fixed by the Governor in Council. Retirement age (6) A member of the Commission ceases to hold office on reaching the age of seventy years. Temporary substitute member (7) If any member of the Commission is absent or unable to act, the Governor in Council may appoint a temporary substitute member for such term and on such conditions as the Governor in Council prescribes. Head office (8) The head office of the Commission shall be in the city of Ottawa, but meetings of the Commission may be held at such other places as the Commission may decide. R.S., 1985, c. C-15, s. 3; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 2006, c. 9, s. 240; 2009, c. 2, s. 379
Canadian Dairy Commission Act — C-15 4
Agent of Her Majesty 4 The Commission is for all purposes of this Act an agent of Her Majesty in right of Canada. R.S., c. C-7, s. 4; 1984, c. 31, s. 14
Canadian Dairy Commission Act — C-15 5
Consultative Committee 5 (1) The Minister shall appoint a Consultative Committee consisting of a chairperson and eight other members. Tenure of members (2) Each member of the Consultative Committee shall be appointed for a term not exceeding three years, except that of those members first appointed three shall be appointed for a term of two years, three shall be appointed for a term of three years and three shall be appointed for a term of four years. R.S., 1985, c. C-15, s. 5; 2006, c. 9, s. 241(E)
Canadian Dairy Commission Act — C-15 6
Functions of Consultative Committee 6 (1) The Consultative Committee shall meet at such times as are fixed by the Commission and shall advise the Commission on such matters relating to the production and marketing of dairy products as are referred to it by the Commission. Remuneration and expenses (2) The members of the Consultative Committee may be paid for their services such remuneration and expenses as are fixed by the Governor in Council. R.S., c. C-7, s. 6
Canadian Dairy Commission Act — C-15 7
Officers and employees 7 (1) The Commission may appoint such officers and employees as are necessary for the proper conduct of the work of the Commission and prescribe their duties and, subject to the approval of the Treasury Board, the conditions of their employment. Salaries and expenses of staff (2) The officers and employees of the Commission appointed as provided in subsection (1) shall be paid such salaries and expenses as are fixed by the Commission with the approval of the Treasury Board. R.S., c. C-7, s. 7
Canadian Dairy Commission Act — C-15 8
Objects of Commission 8 The objects of the Commission are to provide efficient producers of milk and cream with the opportunity of obtaining a fair return for their labour and investment and to provide consumers of dairy products with a continuous and adequate supply of dairy products of high quality. R.S., c. C-7, s. 8
Canadian Dairy Commission Act — C-15 9.1
Delegation to Boards, etc. 9.1 The Commission may, with the approval of the Governor in Council, enter into an agreement with a province or a Board, providing for the coordinated marketing of dairy products, including the granting of authority for the performance (a) by the Board of any powers of the Commission set out in paragraphs 9(1)(f) to (i); (b) by the Commission of any similar powers that the Board is authorized by the laws of a province to exercise; or (c) by the Commission of any similar powers that it is authorized to exercise by the lieutenant governor in council of a province. 1995, c. 23, s. 3
Canadian Dairy Commission Act — C-15 10
Commission to submit program to Minister 10 (1) Each year, following determination by the Governor in Council pursuant to the Farm Income Protection Act of the total amount to be paid by the Minister to the Commission for the purpose of providing protection for the income of producers of milk and cream from the sale of those products, the Commission shall submit to the Minister an outline of the program by which it proposes to carry out its functions under this Act for the following fiscal year. Manner of carrying out functions (2) The Commission shall carry out its functions under this Act in a manner that will achieve its objects and meet its obligations from the moneys available to it under this Act. R.S., 1985, c. C-15, s. 10; 1994, c. 26, s. 20
Canadian Dairy Commission Act — C-15 11
Directions 11 (1) In exercising its powers under this Act or the regulations in relation to the importation or exportation of any dairy product, the Commission shall comply with any directions from time to time given to it by the Minister. Application of Financial Administration Act (2) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such modifications as the circumstances require, to a direction given under subsection (1) as though it were a directive referred to in those provisions. R.S., c. C-7, s. 11; 1984, c. 31, s. 14
Canadian Dairy Commission Act — C-15 12
Regulations 12 (1) The Governor in Council may make regulations regulating the marketing of any dairy product, including regulations (a) providing for the marketing of any dairy product on a quota basis; (b) designating the agencies through which any regulated product shall be marketed; (c) providing for the issue of licences to persons engaged in the production or processing of a regulated product for market, prescribing the fees for those licences and providing for their cancellation or suspension; (d) prohibiting persons from engaging in the marketing of any dairy product, or any class, variety or grade of such a product, in whole or in part, except under the authority of a licence; (e) prescribing the books and records to be kept by persons engaged in the production or processing of a regulated product for market and the information to be furnished by those persons; (f) authorizing the Commission to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product or the production or processing of a regulated product for market and for those purposes to classify those persons into groups, fix the levies or charges payable by the members of the different groups and to use those levies or charges for the purpose of carrying out its functions under this Act; (g) providing for the seizure and disposal of any regulated product marketed in contravention of any regulation made under this section; and (h) generally, for carrying out the purposes and provisions of this Act. Regulation may be general or specific (2) A regulation made under subsection (1) may be general or restricted to a specific dairy product, area, or group or class of persons. R.S., c. C-7, s. 12
Canadian Dairy Commission Act — C-15 13
Regulations 13 The Governor in Council may make regulations requiring the registration of producers of milk and cream as a condition of the making of any payment under paragraph 9(1)(c) for the benefit of those producers and prescribing the books and records to be kept and the information to be furnished to the Commission by or on behalf of those producers. R.S., c. C-7, s. 13
Canadian Dairy Commission Act — C-15 14
Expenses paid out of appropriations 14 All expenditures for salaries, travel expenses and expenses of administration shall be paid out of moneys appropriated by Parliament for the purpose, other than (a) expenditures that in the opinion of the Minister are directly attributable to action taken by the Commission to provide protection for the income of producers of any dairy product from the sale of that product; and (b) necessary and proper expenses incurred by the Commission in exercising any of its powers set out in paragraphs 9(1)(f) to (i). R.S., 1985, c. C-15, s. 14; 1994, c. 26, s. 21; 1995, c. 23, s. 4
Canadian Dairy Commission Act — C-15 15
Canadian Dairy Commission Account 15 (1) There shall be established in the accounts of Canada a special account to be known as the Canadian Dairy Commission Account, in this section called the “Account”. Credits to Account (2) There shall be credited to the Account (a) all moneys received by the Commission from its operations described in paragraphs 9(1)(a) and (b); (b) all licence fees, levies and charges paid to the Commission; (c) all loans made to the Commission by the Minister of Finance pursuant to section 16; and (d) all amounts paid to the Commission by the Minister under the Farm Income Protection Act for the purpose of providing protection for the income of producers of any dairy product from the sale of that product. Charges to Account (3) There shall be paid out of the Consolidated Revenue Fund and charged to the Account (a) all expenditures under this Act, except those to be paid pursuant to section 14; (b) all amounts paid to the Minister of Finance in repayment of loans made to the Commission pursuant to section 16 or as interest on those loans; and (c) any excess licence fees, levies and charges paid to the Commission. Limit on payments (4) No payment shall be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Account. R.S., 1985, c. C-15, s. 15; 1994, c. 26, s. 22; 1995, c. 23, s. 5
Canadian Dairy Commission Act — C-15 16
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). 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. R.S., 1985, c. C-15, s. 16; 1992, c. 1, s. 144(F); 1995, c. 23, s. 6 2020, c. 8, s. 1
Canadian Dairy Commission Act — C-15 16.1
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). 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). 1995, c. 23, s. 7
Canadian Dairy Commission Act — C-15 17
Inspectors 17 (1) The Commission may appoint or designate any person as an inspector for the purposes of this Act. 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. R.S., c. C-7, ss. 18, 19
Canadian Dairy Commission Act — C-15 18
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. 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 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. R.S., 1985, c. C-15, s. 18; R.S., 1985, c. 31 (1st Supp.), s. 4
Canadian Dairy Commission Act — C-15 19
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. R.S., c. C-7, s. 20
Canadian Dairy Commission Act — C-15 20
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. 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. 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. 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. R.S., 1985, c. C-15, s. 20; 1995, c. 23, s. 8
Canadian Dairy Commission Act — C-15 21
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. R.S., c. C-7, s. 17
Canadian Dairy Commission Act — C-15 242
Transitional — Chairman 242 On the day on which this section comes into force, the person occupying the position of Chairman of the Canadian Dairy Commission ceases to occupy that position and becomes the Chief Executive Officer of the Commission as if appointed to that position under section 3 of the Canadian Dairy Commission Act for a period equal to the remainder of the person’s term of office as Chairman.
Canadian Food Inspection Agency Act — C-16.5 Preamble
Preamble WHEREAS the Government of Canada wishes to enhance the effectiveness and efficiency of federal inspection and related services for food and animal and plant health by consolidating them;
Canadian Food Inspection Agency Act — C-16.5
WHEREAS the consolidation of those services under a single food inspection agency will contribute to consumer protection and facilitate a more uniform and consistent approach to safety and quality standards and risk-based inspection systems;
Canadian Food Inspection Agency Act — C-16.5
WHEREAS the Government of Canada wishes to have that food inspection agency deliver those services in a cost effective manner;
Canadian Food Inspection Agency Act — C-16.5
WHEREAS the Government of Canada wishes to promote trade and commerce;
Canadian Food Inspection Agency Act — C-16.5
AND WHEREAS the Government of Canada wishes to pursue a greater degree of collaboration and consultation between federal departments and with other orders of government in this area;
Canadian Food Inspection Agency Act — C-16.5
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Food Inspection Agency Act — C-16.5 1
Short title 1 This Act may be cited as the Canadian Food Inspection Agency Act .
Canadian Food Inspection Agency Act — C-16.5 2
Definitions 2 The definitions in this section apply in this Act. Agency means the Canadian Food Inspection Agency established by section 3. ( Agence ) Minister means the Minister of Agriculture and Agri-Food. ( ministre )
Canadian Food Inspection Agency Act — C-16.5
Agency means the Canadian Food Inspection Agency established by section 3. ( Agence )
Canadian Food Inspection Agency Act — C-16.5
Minister means the Minister of Agriculture and Agri-Food. ( ministre )
Canadian Food Inspection Agency Act — C-16.5 3
Establishment 3 There is hereby established a body corporate called the Canadian Food Inspection Agency, which may exercise powers only as an agent of Her Majesty in right of Canada.
Canadian Food Inspection Agency Act — C-16.5 4
Minister responsible 4 (1) The Minister is responsible for and has the overall direction of the Agency. Delegation by Minister (2) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or any Act or provision that the Agency enforces or administers by virtue of section 11, except the power to make regulations and the power to delegate under this subsection.
Canadian Food Inspection Agency Act — C-16.5 5
Appointment of Agency executives 5 The Governor in Council shall appoint a President and an Executive Vice-president of the Agency to hold office during pleasure for a term not exceeding five years, which term may be renewed for one or more further terms.
Canadian Food Inspection Agency Act — C-16.5 6
President’s powers 6 (1) The President is chief executive officer of the Agency and has supervision over and direction of its work and staff. The President has the rank and all the powers of a deputy head of a Department. Executive Vice-president’s powers (2) The Executive Vice-president shall exercise such powers and perform such duties and functions as the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated.
Canadian Food Inspection Agency Act — C-16.5 7
Delegation by President 7 The President may delegate to any person any power, duty or function conferred on the President under this Act or any other enactment.
Canadian Food Inspection Agency Act — C-16.5 8
Remuneration 8 The President and Executive Vice-president shall be paid such remuneration as is fixed by the Governor in Council.
Canadian Food Inspection Agency Act — C-16.5 9
Head office 9 The head office of the Agency shall be in the National Capital Region, as described in the schedule to the National Capital Act .
Canadian Food Inspection Agency Act — C-16.5 10
Appointment of members 10 (1) The Minister shall appoint an advisory board of not more than twelve members to hold office during pleasure for a term not exceeding three years, which term may be renewed for one or more further terms. Role of advisory board (2) The board shall advise the Minister on any matter within the responsibilities of the Agency. Representation (3) The Minister may appoint any person with relevant knowledge or experience to the advisory board, including persons from the agriculture, fisheries, food processing, food distribution and public health sectors, consumer groups or provincial or municipal governments. Chairperson (4) The Minister shall appoint one of the members as Chairperson of the advisory board. Fees for services (5) Each member of the advisory board shall be paid such fees for his or her services as are fixed by the Minister. Travel and living expenses (6) Each member of the advisory board shall be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing duties under this Act while absent from his or her ordinary place of residence. Meetings (7) The Chairperson may determine the times and places at which the advisory board will meet.
Canadian Food Inspection Agency Act — C-16.5 11
Administration and enforcement 11 (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act , Feeds Act , Fertilizers Act , Health of Animals Act , Plant Breeders’ Rights Act , Plant Protection Act , Safe Food for Canadians Act and Seeds Act . (2) [Repealed, 2012, c. 24, s. 103] Food and Drugs Act (3) The Agency is responsible for (a) the enforcement of the Food and Drugs Act as it relates to food, as defined in section 2 of that Act; and (b) the administration of the provisions of the Food and Drugs Act as they relate to food, as defined in section 2 of that Act, except those provisions that relate to public health, safety or nutrition. Role of Minister of Health (4) The Minister of Health is responsible for establishing policies and standards relating to the safety and nutritional quality of food sold in Canada and assessing the effectiveness of the Agency’s activities related to food safety. Role of Canada Border Services Agency (5) The Canada Border Services Agency is responsible for the enforcement of the program legislation referred to in paragraph (b) of the definition program legislation in section 2 of the Canada Border Services Agency Act as that program legislation relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points other than import service centres. 1997, c. 6, s. 11; 2005, c. 38, s. 53 2012, c. 24, s. 103
Canadian Food Inspection Agency Act — C-16.5 12
Separate agency 12 The Agency is a separate agency under the Federal Public Sector Labour Relations Act . 1997, c. 6, s. 12; 2003, c. 22, s. 135; 2017, c. 9, s. 55