GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Safe Food for Canadians Act — S-1.1 24
Authority to enter a place 24 (1) Subject to subsection 26 (1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located. Powers (2) The inspector may, for the purpose referred to in subsection (1), (a) examine or test, or take samples of, anything that is in the place; (b) open a package that is in the place; (c) examine a document that is in the place, make copies of it or take extracts from it; (d) order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement; (e) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying; (f) use or cause to be used copying equipment that is in the place and remove the copies for examination; (g) take photographs or make recordings or sketches; (h) order any person in the place to establish their identity to the inspector’s satisfaction; (i) order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity; (j) prohibit or limit access to all or part of the place or to anything that is in the place; and (k) remove anything from the place for the purpose of examination, conducting tests or taking samples. Stopping or moving conveyance (3) For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it. Persons accompanying inspector (4) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in subsection (1). Assistance to be given to inspector (6) The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require.
Safe Food for Canadians Act — S-1.1 25
Seizure 25 The inspector may seize and detain anything that the inspector has reasonable grounds to believe (a) was used in the contravention of any provision of this Act or the regulations; (b) is something in relation to which a provision of this Act or the regulations was contravened; or (c) was obtained by the contravention of a provision of this Act or the regulations.
Safe Food for Canadians Act — S-1.1 26
Dwelling-house 26 (1) If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 24 (1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant. Use of force (3) In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2012, c. 24, s. 26 2022, c. 17, s. 72
Safe Food for Canadians Act — S-1.1 27
Production of documents, information or samples 27 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.
Safe Food for Canadians Act — S-1.1 28
Removing, altering and interfering 28 Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act.
Safe Food for Canadians Act — S-1.1 29
Powers of inspector 29 An inspector may, in respect of anything seized under this Act, (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given; (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if (i) the thing is perishable, or (ii) the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk.
Safe Food for Canadians Act — S-1.1 30
Release of seized thing 30 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.
Safe Food for Canadians Act — S-1.1 31
Application for return 31 (1) Subject to section 35 , if proceedings are instituted in relation to a thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned. Order for return (2) If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.
Safe Food for Canadians Act — S-1.1 32
Removal or destruction of unlawful imports 32 (1) An inspector who has reasonable grounds to believe that an imported food commodity 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 food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense. Notice (2) The notice must be either delivered personally to the owner or importer of the food commodity, or to the person having possession, care or control of it, or sent by registered mail, to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the food commodity 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 section 30 , forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent. Suspension of application of subsection (3) (4) An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that (a) the food commodity does not present a risk of injury to human health; (b) the food commodity will not be sold within that period; (c) the measures that should have been taken for the food commodity 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 food commodity 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 the inspector is satisfied that (a) the food commodity does not present a risk of injury to human health; (b) the food commodity 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 food commodity 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.
Safe Food for Canadians Act — S-1.1 33
Injunction 33 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or (b) do an act that it appears to the court may prevent the commission of an offence under this Act. Notice (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Safe Food for Canadians Act — S-1.1 34
Unclaimed seized things 34 (1) A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if (a) within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it. Proceedings instituted (2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing. Disposal (3) A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure.
Safe Food for Canadians Act — S-1.1 35
Consent — seized thing 35 If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense.
Safe Food for Canadians Act — S-1.1 36
Violation or offence 36 (1) If 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 punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada. Disposal (2) A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of, (a) if the thing was not seized, its owner; or (b) if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure. Return of seized things if no forfeiture ordered (3) If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure. Exception (4) Despite subsection (3), if a penalty or fine was imposed, (a) the thing may continue to be detained until the penalty or fine is paid; or (b) the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine.
Safe Food for Canadians Act — S-1.1 37
Forfeiture on application of inspector 37 (1) A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada. Notice and inquiry (2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened. Disposal (3) A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
Safe Food for Canadians Act — S-1.1 38
Analysis and examination 38 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 24 (2)(k) or seized under section 25 , or any sample of that thing.
Safe Food for Canadians Act — S-1.1 39
Offences 39 (1) A person who contravenes a provision of this Act, other than sections 7 and 9 , or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32 (1) — is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both. Due diligence defence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Offences — other provisions and orders (3) A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32 (1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both. Parties to offence (4) If a person other than an individual commits an offence under subsection (1), any of the person’s directors or 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 (5) 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.
Safe Food for Canadians Act — S-1.1 40
Continuing offence 40 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
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Limitation period 41 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose.
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Venue 42 A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business.
Safe Food for Canadians Act — S-1.1 43
Admissibility of documents as evidence 43 (1) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the statements contained in it. Copies and extracts (2) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Notice of intention to produce (3) A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract.
Safe Food for Canadians Act — S-1.1 44
Proof — person 44 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person.
Safe Food for Canadians Act — S-1.1 45
Proof — establishment 45 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment.
Safe Food for Canadians Act — S-1.1 46
Disclosure to public 46 The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act.
Safe Food for Canadians Act — S-1.1 47
Disclosure — risk or recall 47 (1) The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary (a) to identify or respond to a risk of injury to human health associated with a food commodity; or (b) for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act , including for monitoring the conduct of the recall or its effectiveness. Definition of government (2) In subsection (1), government means (a) any portion of the federal public administration; or (b) any of the following or its institutions: (i) the government of a province, (ii) a public body established under an Act of the legislature of a province, (iii) an aboriginal government as defined in subsection 13(3) of the Access to Information Act , (iv) the government of a foreign state or of a subdivision of a foreign state, and (v) an international organization, or association, of states.
Safe Food for Canadians Act — S-1.1 48
Export certificates 48 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 food commodity.
Safe Food for Canadians Act — S-1.1 49
Disposition of samples 49 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.
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Inspection marks and grade names 50 Every inspection mark and grade name 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. 2012, c. 24, s. 50 2014, c. 20, s. 366(E)