jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are to provide for, (a) the quality and safety of food, agricultural or aquatic commodities and agricultural inputs; (b) the management of food safety risks; and (c) the control and regulation of regulatable activities.  2001, c. 20, s. 1.
3 (1) The Minister shall appoint one or more directors for the purposes of the provisions of this Act and the regulations for which the administration and enforcement are not delegated to a delegate under section 49.  2001, c. 20, s. 3 (1). Areas of responsibility (2) If the Minister appoints more than one director, the Minister shall specify the area of responsibility of a director in the appointment.  2001, c. 20, s. 3 (2). Powers (3) A director appointed by the Minister shall have those powers of an inspector that are specified in the appointment, but not the duties of an inspector.  2001, c. 20, s. 3 (3). PART II   LICENSING
4 (1) No person shall carry on a licensed activity or operate a premises where a licensed activity is carried on unless the person holds a licence for the activity issued under this Act.  2001, c. 20, s. 4 (1). Compliance with licence (2) No person shall carry on a licensed activity or operate a premises where a licensed activity is carried on if the person is in contravention of the licence issued for it as described in subsection (1).  2001, c. 20, s. 4 (2).
5 (1) A director shall issue a licence to a person who makes application for it in accordance with this Act and the regulations and who pays the fee prescribed by the Minister unless the director is of opinion that, (a) the past conduct of the applicant or, if the applicant is a corporation, of its officers, its directors or any of the persons specified in the regulations, affords reasonable grounds to believe that the applicant will not carry on, in accordance with law, the activity for which the applicant is applying for the licence; (b) the applicant does not meet the requirements specified by the regulations; or (c) the applicant is not in a position to comply with this Act and the regulations.  2001, c. 20, s. 5 (1). Right to hearing (2) A director shall not refuse to issue a licence to an applicant unless, (a) before refusing to issue the licence, the director serves a written notice on the applicant stating that the applicant may request a hearing by the director within the prescribed time; and (b) the director has held the hearing if the applicant requests one within the prescribed time.  2001, c. 20, s. 5 (2). Renewal (3) Subject to section 6, a director shall renew the licence of a licensee who applies for the renewal in accordance with this Act and the regulations and who pays the fee prescribed by the Minister.  2001, c. 20, s. 5 (3). Conditions (4) A licence with respect to an activity is subject to whatever conditions the regulations prescribe or a director imposes in accordance with the regulations and a director may impose those conditions.  2001, c. 20, s. 5 (4).
6 (1) A director may refuse to renew a licence with respect to an activity or may suspend or revoke a licence with respect to an activity if the director is of opinion that, (a) the licensee does not meet the requirements of this Act and the regulations; (b) the licensee or, if the licensee is a corporation, an officer, director or employee of the licensee, has contravened or has permitted any person under the licensee’s control or direction in connection with the activity to contravene this Act, the regulations, any other Act, the regulations under it or any law applying to the carrying on of the activity or the conditions for licensing and the contravention is such that it would be in the public interest to refuse to renew the licence or to suspend or revoke the licence; or (c) there exists any other ground specified in the regulations for refusing to renew the licence or for suspending or revoking the licence.  2001, c. 20, s. 6 (1). Right to hearing (2) A director shall not refuse to renew a licence or suspend or revoke a licence under subsection (1) unless, (a) before doing so, the director serves a written notice on the licensee stating that the licensee may request a hearing by the director within the prescribed time; and (b) the director has held the hearing if the licensee requests one within the prescribed time.  2001, c. 20, s. 6 (2). Immediate suspension (3) Despite subsection (2), a director may, by notice to the licensee and without a hearing, provisionally suspend the licensee’s licence if, (a) in the director’s opinion, it is necessary to do so for the immediate protection of the safety or health of any person or animal or the public; and (b) the director so states in the notice and gives reasons for the opinion.  2001, c. 20, s. 6 (3). Right to hearing (4) Upon provisionally suspending a licence, a director shall serve a written notice on the licensee stating that the applicant may request a hearing by the director within the prescribed time to determine whether to further suspend or revoke the licence or to refuse to renew the licence.  2001, c. 20, s. 6 (4). If there is a hearing (5) A director shall not further suspend or revoke the licence or refuse to renew the licence unless the director has held the hearing if the licensee requests one within the prescribed time.  2001, c. 20, s. 6 (5). Deemed continuation of licence (6) Subject to a director’s determination made under subsection (4), if, within the prescribed time or, if no time is prescribed, before a licence expires, the licensee applies for renewal of the licence, pays the fee prescribed by the Minister and has complied with this Act and the regulations, the licence shall be deemed to continue until the licensee has received the decision of the director on the application for renewal.  2001, c. 20, s. 6 (6).
7 (1) The notice of a hearing by a director under section 5 or 6 shall allow the applicant or licensee a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue, renewal or retention of the licence, as the case may be.  2001, c. 20, s. 7 (1). Examination of documentary evidence (2) An applicant or licensee who is a party to proceedings in which a director holds a hearing shall be allowed an opportunity to examine before the hearing any written or documentary evidence that the director will cause to be produced at the hearing and any report the contents of which the director will cause to be given in evidence at the hearing.  2001, c. 20, s. 7 (2).
8 (1) If, after a hearing, a director refuses to issue or renew a licence or suspends or revokes a licence, the director shall give the applicant or licensee written notice of the decision and reasons for it.  2001, c. 20, s. 8 (1). Variation of decision (2) A director may, on his or her own motion or on the application of the person who was the applicant or licensee, vary or rescind the decision, but a director shall not vary or rescind the decision adversely to the interest of any person affected without, (a) serving a written notice on the person stating that the person may request a rehearing by the director within the prescribed time; and (b) holding the rehearing, to which the person is a party, if the person requests one within the prescribed time.  2001, c. 20, s. 8 (2). No stay (3) If a person requests a rehearing under subsection (2), the director’s decision under subsection (1) is effective until the director renders a decision after the rehearing.  2001, c. 20, s. 8 (3). Powers of director (4) On a rehearing under subsection (2), the director may make whatever decision that the director considers proper under this Act and the regulations.  2001, c. 20, s. 8 (4).
9 (1) A director may, without a hearing and in accordance with the regulations, add, delete or vary conditions that the director has imposed on a licence under subsection 5 (4).  2001, c. 20, s. 9 (1). Request for changes (2) If the licensee requests the director to change conditions that the director has imposed under subsection 5 (4) or added, deleted or varied under subsection (1), the director shall make the requested changes or deliver a written notice of refusal to the licensee.  2001, c. 20, s. 9 (2). Right to hearing (3) Within the prescribed time after receiving the notice of refusal, the licensee may request a hearing by the director by delivering a written notice to the director.  2001, c. 20, s. 9 (3). No stay (4) If the licensee requests a hearing, unless the director otherwise directs, the conditions that are the subject of the request are effective until the director renders a decision after the hearing.  2001, c. 20, s. 9 (4). Director’s grounds (5) When deciding whether to direct otherwise under subsection (4), the director shall consider the effect that so directing would have on the health or safety of the public.  2001, c. 20, s. 9 (5). Hearing (6) At the hearing, the licensee shall have a reasonable opportunity to make submissions to the director in support of the licensee’s request for changes to the conditions of the licence.  2001, c. 20, s. 9 (6). Director’s response (7) After the hearing, the director shall, (a) make the changes to the conditions of the licence that the licensee requested and deliver a written notice of them to the licensee; (b) deliver a written notice of refusal to the licensee; or (c) add, delete or vary conditions of the licence as the director considers appropriate and deliver a written notice of them to the licensee.  2001, c. 20, s. 9 (7).
10 (1) If a director refuses to issue or renew a licence or suspends or revokes a licence or delivers a notice of refusal to a licensee under clause 9 (7) (b) or adds, deletes or varies conditions of a licence under clause 9 (7) (c), the applicant or licensee may appeal the director’s decision to the Tribunal by delivering a written notice to the director and filing the notice with the Tribunal within the prescribed time after receiving notice of the decision.  2001, c. 20, s. 10 (1). Extension of time for appeal (2) The Tribunal may extend the time for the applicant or licensee to give the notice of appeal, either before or after the expiry of that time, if it is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension.  2001, c. 20, s. 10 (2). No stay (3) If an applicant or licensee appeals a director’s decision to the Tribunal under this section, unless the director otherwise directs, the decision is effective until the appeal is disposed of.  2001, c. 20, s. 10 (3). Director’s grounds (4) When deciding whether to direct otherwise under subsection (3), the director shall consider the effect that so directing would have on the health or safety of the public.  2001, c. 20, s. 10 (4). Powers of Tribunal (5) The Tribunal shall hear the appeal by way of a new hearing to determine whether to issue, renew, suspend or revoke the licence or to add, delete or vary conditions of the licence and may, by order after the hearing, confirm or alter the decision of the director or direct the director to do any act that the director is authorized to do under this Part and that the Tribunal considers proper.  2001, c. 20, s. 10 (5). Same (6) For the purpose of making an order, the Tribunal may substitute its opinion for that of the director and may attach whatever conditions to the order that it considers proper.  2001, c. 20, s. 10 (6).
11 (1) The director who receives the notice of appeal under subsection 10 (1), the appellant and the other persons that the Tribunal specifies are parties to the proceedings before the Tribunal under this Act.  2001, c. 20, s. 11 (1). Members of Tribunal (2) Members of the Tribunal assigned to render a decision after a hearing shall not have taken part, before the hearing, in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or a party’s representative except upon notice to and opportunity for all parties to participate.  2001, c. 20, s. 11 (2). Legal advice (3) Members of the Tribunal may seek legal advice on a matter under subsection (2) from an adviser independent from the parties but the members shall make the nature of the advice known to the parties in order that they may make submissions as to the law.  2001, c. 20, s. 11 (3). Findings of fact (4) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  2001, c. 20, s. 11 (4). Members participating in decision (5) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, the Tribunal shall not give any decision unless all members so present participate in the decision.  2001, c. 20, s. 11 (5). PART III   QUALITY AND SAFETY STANDARDS
13 A director shall report to the medical officer of health in the locality where the risk occurs or to the Chief Medical Officer of Health under the Health Protection and Promotion Act every matter of which the director becomes aware and that, in his or her opinion, is or may be a food safety risk that constitutes a significant risk to public health.  2009, c. 31, s. 70 (1). Section Amendments with date in force (d/m/y) 2009, c. 31, s. 70 (1) - 21/01/2010 PART IV   INSPECTIONS AND ORDERS Inspections
16 (1) If the Minister is of the opinion that any food, agricultural or aquatic commodities or agricultural inputs that are being transported in a designated area are or may become a food safety risk that constitutes a significant risk to public health or safety and the Minister is of the opinion that it is necessary to do so, the Minister may, by order, require the persons in charge of the things being transported to proceed to a designated inspection point and to remain there until an inspector inspects the things.  2001, c. 20, s. 16 (1). Inspection points (2) The Minister may designate areas and inspection points for the purpose of inspections mentioned in subsection (1) as the Minister considers necessary.  2001, c. 20, s. 16 (2). Inspection (3) An inspector may carry out the inspection mentioned in subsection (1) and subsections 15 (3) and (5) to (12) and sections 29 and 30 apply to the inspection.  2001, c. 20, s. 16 (3).
17 (1) A justice may issue a warrant authorizing an inspector named in the warrant to stop any conveyance, enter and inspect any premises or conveyance or exercise any of the powers mentioned in subsection 15 (3) with respect to a place named in the warrant, if the justice is satisfied on information under oath that there are reasonable grounds to believe that, (a) the premises or conveyance contains any thing that is or may be a food safety risk or that may be relevant to the existence of a food safety risk; and (b) it is necessary for the inspector to exercise the powers authorized in the warrant in order to protect the health or safety of the public or any person from a food safety risk.  2001, c. 20, s. 17 (1). Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than 30 days after its issue.  2001, c. 20, s. 17 (2). Extension of time (3) A justice may extend the date on which a warrant expires for an additional period of no more than 30 days upon application without notice by the inspector named in the warrant.  2001, c. 20, s. 17 (3). Police assistance (4) A warrant issued under this section authorizes the inspector named in the warrant to call upon police officers as necessary to execute the warrant.  2001, c. 20, s. 17 (4). Duty to assist (5) It is the duty of every member of a police force called to render assistance under subsection (4) to render the assistance.  2001, c. 20, s. 17 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 17 (5) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 20 (2)) Use of force (6) A justice who issues a warrant under this section may authorize the inspector named in the warrant to use as much force as is reasonably necessary to execute the warrant or to exercise any authority specified in the warrant.  2001, c. 20, s. 17 (6). Time of execution (7) Unless otherwise ordered, a warrant issued under this section shall be executed only during normal business hours for the place named in the warrant.  2001, c. 20, s. 17 (7). Application of other provisions (8) Subsections 15 (5) to (12) apply with necessary modifications to an inspector executing a warrant issued under this section.  2001, c. 20, s. 17 (8). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 22 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 20 (2) - not in force
18 (1) An inspector may obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act.  2001, c. 20, s. 18 (1). Police assistance (2) An inspector may call upon police officers as necessary to execute a search warrant issued under Part VIII of the Provincial Offences Act.  2001, c. 20, s. 18 (2). Duty to assist (3) It is the duty of every police officer called upon under subsection (2) to assist in executing the warrant.  2001, c. 20, s. 18 (3). Access to premises (4) When executing the warrant, an inspector may pass through or over any land, other than the curtilage surrounding a dwelling, without being liable to trespass or any other action in relation to that land, in order to gain access to the premises that are subject to inspection under this section, if, (a) it is necessary to do so in order to gain the access or to gain the access in a timely manner; and (b) it is impractical to use any other means to gain the access.  2001, c. 20, s. 18 (4). Use of force (5) A justice who issues a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act may authorize the inspector named in the warrant to use as much force as is reasonably necessary to execute the warrant.  2001, c. 20, s. 18 (5).
20 (1) A justice may issue a warrant authorizing an inspector named in the warrant to stop any conveyance, enter and inspect any premises or conveyance or exercise any of the powers mentioned in subsection 19 (2) with respect to a place named in the warrant, if the justice is satisfied on information under oath that, (a) the premises or the conveyance, (i) is subject to an order made under section 31, (ii) contains any food, agricultural or aquatic commodity, agricultural input or any other thing that is subject to an order made under section 31, or (iii) is being used by a person, who is subject to an order made under section 31, to carry on any activity or do any thing that is subject to the order or relevant to determining whether there has been compliance with the order; and (b) it is necessary for the inspector to exercise the powers authorized in the warrant in order to determine whether a person who is subject to the order has complied with it.  2001, c. 20, s. 20 (1). Application of other subsections (2) Subsections 17 (2) to (8) apply to a warrant issued under this section.  2001, c. 20, s. 20 (2).
22 (1) A justice may issue a warrant authorizing an inspector named in the warrant to stop any conveyance or class of conveyances, enter and inspect any premises or conveyance or any class of premises or conveyances or exercise any of the powers mentioned in subsection 21 (3) with respect to a premises or conveyance named in the warrant or a class of premises or conveyance described in the warrant, if the justice is satisfied on information under oath that, (a) the premises, the conveyance or the class of premises or conveyance, (i) is subject to an order made under a regulation made under clause 12 (q) or (r) in relation to the control area, (ii) contains any food, agricultural or aquatic commodity, agricultural input or any other thing that is subject to an order made under a regulation made under clause 12 (q) or (r) in relation to the control area, or (iii) is being used by a person, who is subject to an order made under a regulation made under clause 12 (q) or (r) in relation to the control area, to carry on any activity or do any thing that is subject to the order or relevant to determining whether there has been compliance with the order; and (b) it is necessary for the inspector to exercise the powers authorized in the warrant in order to determine whether one or more persons who are subject to the order have complied with it.  2001, c. 20, s. 22 (1). Application of other subsections (2) Subsections 17 (2) to (8) apply to a warrant issued under this section.  2001, c. 20, s. 22 (2).
25 (1) An inspector may, without warrant or court order, conduct an inspection in accordance with this section if the inspector does so for the purpose of determining whether a person is carrying on a regulated activity in accordance with this Act and the regulations.  2001, c. 20, s. 25 (1). Powers of inspector (2) In an inspection under this section, an inspector may, (a) stop, detain, enter and inspect a conveyance if the inspector has reasonable grounds to believe that it is being used in a regulated activity carried on as a business; (b) enter and inspect a conveyance if the inspector has reasonable grounds to believe that it is being used in a regulated activity; (c) inspect a conveyance if it is being used in loading or unloading related to carrying on a regulated activity; or (d) inspect a conveyance that a director calls in for an inspection at a time and place designated by the director.  2001, c. 20, s. 25 (2). Application of other subsections (3) Subsections 15 (5) to (12) and 24 (2), (5) and (6) apply to an inspection under this section.  2001, c. 20, s. 25 (3).
26 (1) If an inspector believes on reasonable grounds that there is in a premises or conveyance any thing that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the inspector may, without warrant or court order, in accordance with this section, enter and search the premises or stop, detain, enter and search the conveyance.  2001, c. 20, s. 26 (1). Entry to dwellings (2) An inspector shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act.  2001, c. 20, s. 26 (2). Records of information (3) An inspector may use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form of information located on or contained in the premises or conveyance being inspected.  2001, c. 20, s. 26 (3). No obstruction (4) No person shall obstruct an inspector who is exercising powers under this section.  2001, c. 20, s. 26 (4). Police assistance (5) An inspector may call on police officers for whatever assistance the inspector considers necessary to accomplish what the inspector is empowered to do.  2001, c. 20, s. 26 (5). Duty to assist (6) It is the duty of every police officer called to render assistance under subsection (5) to render the assistance.  2001, c. 20, s. 26 (6). Access to premises (7) When executing the warrant, an inspector may pass through or over any land, other than the curtilage surrounding a dwelling, without being liable to trespass or any other action in relation to that land, in order to gain access to the premises that are subject to inspection under this section, if, (a) it is necessary to do so in order to gain the access or to gain the access in a timely manner; and (b) it is impractical to use any other means to gain the access.  2001, c. 20, s. 26 (7).
27 (1) If an inspector who is authorized to stop a conveyance under this Act or the regulations gives an operator of a conveyance a signal to stop, the operator of the conveyance shall immediately stop.  2001, c. 20, s. 27 (1). Stop signals (2) For the purpose of subsection (1), signals to stop include, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle, boat or any other conveyance.  2001, c. 20, s. 27 (2).
28 (1) An inspector who is lawfully in a premises or conveyance may, without a warrant, seize any thing that the inspector believes on reasonable grounds, (a) has been obtained by the commission of an offence under this Act; (b) has been used in the commission of an offence under this Act; (c) will afford evidence of the commission of an offence under this Act; or (d) is intermixed with a thing referred to in clause (a), (b) or (c).  2001, c. 20, s. 28 (1). Warrant (2) If the inspector is in the premises or conveyance pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.  2001, c. 20, s. 28 (2).
29 (1) Any food, agricultural or aquatic commodity, agricultural input or other thing that an inspector seizes or detains under any of sections 15 to 25, 28 and 36 shall be disposed of in accordance with the regulations and remains at the risk and expense of the owner until it is disposed of in accordance with the regulations.  2001, c. 20, s. 29 (1). Exception (2) Subsection (1) does not apply to any thing that an inspector seizes under section 28 if a warrant issued under Part VIII of the Provincial Offences Act requires the thing to be carried before a justice.  2001, c. 20, s. 29 (2).
30 (1) If the appointment of an inspector specifies that the inspector has the power described in this section, the inspector may arrest without warrant a person that the inspector believes on reasonable grounds is committing, has committed or is preparing to commit an offence with respect to fish that is specified in the regulations.  2001, c. 20, s. 30 (1). Necessary force (2) An inspector may use as much force as is reasonably necessary to make an arrest under subsection (1).  2001, c. 20, s. 30 (2). Release (3) An inspector who arrests a person under subsection (1) shall, as soon as practicable, release the person from custody, unless the inspector has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence described in subsection (1), or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.  2001, c. 20, s. 30 (3). Person to be taken before justice (4) Section 150 of the Provincial Offences Act applies if the person arrested is not released.  2001, c. 20, s. 30 (4). Orders
31 (1) An inspector may issue an order to any person if the inspector has reasonable grounds to believe that, (a) a food safety risk exists with respect to anything that the person has done or not done; or (b) issuing the order is necessary to prevent, decrease, control or eliminate a food safety risk that, (i) has resulted from or is likely to result from anything that the person has done or not done, or (ii) is likely to result from anything that the person may do or may not do.  2001, c. 20, s. 31 (1). Oral order (2) If the delay necessary to put the order in writing will or is likely to increase substantially the risk to the health of any person, the inspector may make the order orally.  2001, c. 20, s. 31 (2). Information in order (3) The order shall, (a) unless the order is made orally, briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b) specify that the person to whom it is directed has the right to request a hearing by a director.  2001, c. 20, s. 31 (3). Contents of order (4) The order may require the person to whom it is directed to, (a) within the time specified, subject to subsection (6), take or refrain from taking whatever steps are specified in it to prevent, decrease, control or eliminate a food safety risk that has resulted from or is likely to result from anything that the person has done or not done; and (b) report to the inspector, within the time specified, on the steps mentioned in clause (a).  2001, c. 20, s. 31 (4). Same (5) Without limiting the generality of subsection (4), the order may direct a person to, (a) clean and disinfect premises or equipment; (b) modify equipment; (c) alter production or processing practices for any food, agricultural or aquatic commodity or agricultural input; (d) not to use those pesticides or other agricultural inputs specified in the order during the time period specified in the order; (e) modify or stop operations until the person has taken the remedial action specified in the order.  2001, c. 20, s. 31 (5). Exception (6) The order shall not require any person to recall any food, agricultural or aquatic commodities or agricultural input to a point from which it has been moved or transported.  2001, c. 20, s. 31 (6). Compliance (7) A person who is served with an order made under subsection (1) or (2) shall comply with the order within the period of time specified in the order.  2001, c. 20, s. 31 (7).
32 (1) An inspector who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a licence, permit or certificate may make an order directing the person to comply with this Act, the regulations, licence, permit or certificate, as the case may be, immediately or within the time specified in the order.  2001, c. 20, s. 32 (1). Discretionary part of order (2) The order may direct the person to modify or stop any thing that the person is doing until the contravention on which the order is based no longer exists.  2001, c. 20, s. 32 (2). Oral order (3) If the delay necessary to put the order in writing will or is likely to increase substantially the risk to the health of any person, the inspector may make the order orally.  2001, c. 20, s. 32 (3). Contents of order (4) The order shall, (a) specify the provisions of this Act or the regulations or the conditions of a licence that the inspector believes the person to have contravened; (b) unless the order is made orally, briefly describe the nature and, where applicable, the location of the contravention; (c) describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and (d) specify that the person has the right to request a hearing by a director.  2001, c. 20, s. 32 (4). Service (5) The inspector shall have the order served on the person.  2001, c. 20, s. 32 (5). Exception (6) The order shall not require any person to recall any food, agricultural or aquatic commodities or agricultural input to a point from which it has been moved or transported.  2001, c. 20, s. 32 (6). Compliance (7) A person who is served with an order made under subsection (1) or (3) shall comply with the order within the period of time specified in the order.  2001, c. 20, s. 32 (7).
33 (1) If an inspector makes an order under section 31 or 32, the person to whom the order is directed may require a hearing by a director by serving a written notice of the requirement on the director within the prescribed time after service of notice of the order.  2001, c. 20, s. 33 (1). Extension of time (2) The director who receives the notice requiring the hearing shall extend the time in which a person may give the notice if, in the director’s opinion, it is just to do so because service of the order on the person did not give the person notice of it.  2001, c. 20, s. 33 (2). Contents of notice (3) An applicant for a hearing by a director shall state in the notice requiring the hearing, (a) the portions of the order in respect of which the hearing is required; and (b) the grounds on which the applicant for the hearing intends to rely at the hearing.  2001, c. 20, s. 33 (3). Effect of contents of notice (4) Except with leave of the director, at a hearing by a director, an applicant is not entitled to appeal a portion of the order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing.  2001, c. 20, s. 33 (4). Leave by director (5) The director may grant the leave mentioned in subsection (4) if the director is of the opinion that to do so is proper in the circumstances, and the director may give the directions that the director considers proper consequent upon the granting of the leave.  2001, c. 20, s. 33 (5).
34 (1) The commencement of a hearing before a director does not stay the operation of the order in respect of which the hearing is required.  2001, c. 20, s. 34 (1). Grant of stay (2) The director who receives the notice requiring the hearing may, on the application of a party to a hearing before the director, stay the operation of the portion of the order in respect of which the hearing is required.  2001, c. 20, s. 34 (2). Parties (3) The person requiring the hearing and all other persons whom the director who receives the notice of the hearing specifies are parties to the hearing.  2001, c. 20, s. 34 (3). No stay (4) The director shall not stay the operation of the portion of the order in respect of which the hearing is required if doing so would result in, (a) danger to the health or safety of any person; (b) a food safety risk or serious risk of it; or (c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  2001, c. 20, s. 34 (4). Application for removal of stay (5) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the director may grant the application.  2001, c. 20, s. 34 (5). Application by new party (6) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the director may grant the application.  2001, c. 20, s. 34 (6). Removal of stay (7) On the application of a party under subsection (5) or (6) or on his or her own initiative, the director may remove a stay if of the opinion that failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c).  2001, c. 20, s. 34 (7). Conditions (8) The director may impose conditions on granting or removing a stay under this section.  2001, c. 20, s. 34 (8). Powers of director (9) A hearing by a director shall be a new hearing and the director may, (a) confirm, alter or revoke the order in respect of which the hearing is required; (b) by order direct the inspector who made the order in respect of which the hearing is required to take the action that the director considers the inspector should take in accordance with this Act and the regulations; (c) for the purposes of clauses (a) and (b), substitute his or her opinion for that of the inspector.  2001, c. 20, s. 34 (9).
35 (1) A party to a hearing before a director under section 34 may appeal the director’s decision or order to the Tribunal by serving a written notice of appeal on the director and the Tribunal within the prescribed time after service of notice of the decision or order.  2001, c. 20, s. 35 (1). Parties (2) The director who receives the notice of hearing under subsection (1), the appellant and the other persons that the Tribunal specifies are parties to the proceedings before the Tribunal under this section.  2001, c. 20, s. 35 (2). Conduct of appeal (3) Subsections 33 (2) to (5) and section 34 apply to the appeal except that references to a director or an inspector shall be read as references to the Tribunal or the director respectively.  2001, c. 20, s. 35 (3).
37 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any premises, conveyance or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything.  2001, c. 20, s. 37 (1). Use by inspector (2) On application without notice, a justice may issue an order in writing authorizing an inspector, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that, (a) there are reasonable grounds to believe that an offence against this Act has been or will be committed; and (b) information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.  2001, c. 20, s. 37 (2). Limitation (3) An order issued under this section shall not authorize the interception of any private communication.  2001, c. 20, s. 37 (3). Same (4) No person shall use a device, technique or procedure to intercept any private communication under an order issued under this section.  2001, c. 20, s. 37 (4). Conditions of order (5) An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances.  2001, c. 20, s. 37 (5). Activities under order (6) An order issued under this section may authorize the inspector to, (a) place, install, maintain or remove a device in or on any premises, conveyance or thing; or (b) monitor, or have monitored, (i) a device placed or installed in or on any premises, conveyance or thing, or (ii) information from the device described in subclause (i).  2001, c. 20, s. 37 (6). Duration of order (7) An order issued under this section is valid for a period of 60 days or for whatever shorter period that the order specifies.  2001, c. 20, s. 37 (7). Further orders (8) A justice may issue further orders under subsection (2).  2001, c. 20, s. 37 (8). Other powers of inspector (9) Nothing in this section has the effect of limiting the powers given to an inspector by any other provision of this Act or the regulations.  2001, c. 20, s. 37 (9). PART V   ENFORCEMENT
38 Subject to the conditions that the Minister considers necessary, the Minister may exempt, from the application of any provision of this Act or the regulations, an inspector who is exercising powers under this Act or any other person who is exercising those powers and who is authorized to do so.  2001, c. 20, s. 38.
39 (1) The Minister or a person authorized in writing by the Minister may, (a) make inquiries of any person into information, records and other matters in the person’s custody that are relevant to any thing that, (i) is or may become a food safety risk that constitutes a significant risk to public health or safety, or (ii) may contribute to the prevention, decreasing or elimination of that risk; or (b) demand the production for inspection of any thing described in clause (a).  2001, c. 20, s. 39 (1). Demand (2) A demand mentioned in clause (1) (b) shall include particulars of the nature of the things that are required to be produced.  2001, c. 20, s. 39 (2). Obligation to respond (3) If a person makes an inquiry about information or things under subsection (1), the person having custody of the information or things shall respond immediately, fully and accurately to the inquiry.  2001, c. 20, s. 39 (3). Obligation to produce (4) If a person makes a demand for things under subsection (1), the person having custody of the things shall produce them.  2001, c. 20, s. 39 (4). Records (5) A person who is required under this Act to produce a record shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form.  2001, c. 20, s. 39 (5). Freedom of Information Acts (6) If a person, under subsection (1), requires personal information within the meaning of the Freedom of Information and Protection of Privacy Act or things related to it, the head of an institution within the meaning of that Act or the Municipal Freedom of Information and Protection of Privacy Act
shall disclose the information or things under that subsection unless the privacy interest outweighs the public safety interest.  2001, c. 20, s. 39 (6). Same (7) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, if a person, under subsection (1), requires information that is not personal information within the meaning of either of those Acts, the head of an institution within the meaning of either of those Acts shall disclose the information or things under that subsection unless the confidentiality interest outweighs the public safety interest.  2001, c. 20, s. 39 (7). Same, collection (8) The person may collect the information or things disclosed even from persons other than the persons to whom the information and things relate.  2001, c. 20, s. 39 (8).
40 (1) The Minister or a person authorized in writing by the Minister for that purpose who receives information or things in response to an inquiry or a demand under subsection 39 (1) shall not disclose them except in accordance with this section.  2001, c. 20, s. 40 (1). Mandatory disclosure (2) A person who receives information or things in response to an inquiry or a demand under subsection 39 (1) or a director who receives them in the exercise of duties under this Act shall disclose them in accordance with the limitations, if any, specified in the regulations to any of the persons or bodies specified in subsection (3) if the person or director who received them is of the opinion that, (a) they relate to a food safety risk; and (b) their disclosure to any of those persons or bodies is necessary to protect the health or safety of the public or any person.  2001, c. 20, s. 40 (2). Recipient (3) A person shall make the disclosure under subsection (2) to, (a) a Minister for the purpose of the administration of any other Act dealing with public health or safety; (b) the Government of Canada or any province or municipality; (c) the medical officer of health in the locality in which the food safety risk occurs or the Chief Medical Officer of Health under the Health Protection and Promotion Act; or (d) any person whom the Minister or the person authorized in writing by the Minister considers is or may be affected by the risk or who may contribute to the prevention, decreasing or elimination of the risk.  2001, c. 20, s. 40 (3). Disclosure under the Regulatory Modernization Act, 2007 (4) A person who receives information in response to an inquiry under subsection 39 (1) may disclose the information in accordance with an authorization under the Regulatory Modernization Act, 2007.  2007, c. 4, s. 31. Section Amendments with date in force (d/m/y) 2007, c. 4, s. 31
- 17/01/2008
42 If a person fails to comply with an order issued under this Act, the Minister may apply to the Superior Court of Justice for an order requiring the person to comply with the order that the person has not complied with.  2001, c. 20, s. 42.
43 (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act or fails to comply with a condition of a licence, certificate or permit, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.  2001, c. 20, s. 43 (1). Court order (2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.  2001, c. 20, s. 43 (2).
44 (1) A person is guilty of an offence if the person contravenes this Act or the regulations, fails to comply with an order made under this Act, a warrant issued under this Act or a condition of a licence, certificate or permit or fails to pay an administrative penalty that the person is directed to pay under section 41.  2001, c. 20, s. 44 (1). Corporations (2) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is 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 for the offence.  2001, c. 20, s. 44 (2). Place of offence (3) For the purpose of jurisdiction over an offence, the contravention or failure to comply that gives rise to the offence shall be deemed to have arisen at the place where the contravention or the failure occurred or at the residence, usual place of residence, place of business or usual place of business of the person charged with the contravention or failure.  2001, c. 20, s. 44 (3).
45 No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of, (a) the day on which the offence was committed; and (b) the day evidence of the offence first came to the attention of a director.  2001, c. 20, s. 45.
46 (1) An individual convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; (b) on each subsequent conviction, a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; (c) imprisonment for a term of not more than two years; or (d) both the fine mentioned in clause (a) or (b) and the imprisonment mentioned in clause (c).  2001, c. 20, s. 46 (1). Corporation (2) A corporation convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues; or (b) on each subsequent conviction, a fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues.  2001, c. 20, s. 46 (2). Subsequent conviction (3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under this Act or a food-related offence under, (0.a) the Animal Health Act, 2009; (a) the Dead Animal Disposal Act
before section 56 comes into force; (b) the Farm Products Grades and Sales Act; (c) the Fish Inspection Act; (d) the Livestock and Livestock Products Act or the Health Protection and Promotion Act; (e) the Meat Inspection Act (Ontario) before section 59 comes into force; (f) the Milk Act; or (g) the Canada Agricultural Products Act, the Consumer Packaging and Labelling Act (Canada), the Feeds Act (Canada), the Fertilizers Act (Canada), the Fish Inspection Act (Canada), the Food and Drugs Act
(Canada), the Health of Animals Act (Canada), the Meat Inspection Act (Canada), the Pest Control Products Act (Canada), the Plant Protection Act (Canada), the Safe Food for Canadians Act
(Canada) or the Seeds Act (Canada).  2001, c. 20, s. 46 (3); 2009, c. 31, s. 70 (2); 2019, c. 14, Sched. 3, s. 39. Monetary benefit (4) A court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.  2001, c. 20, s. 46 (4). Section Amendments with date in force (d/m/y) 2009, c. 31, s. 70 (2) - 21/01/2010 2019, c. 14, Sched. 3, s. 39 - 10/12/2019 PART VI   GENERAL
47 In this Part, “delegate” means the party with whom the Minister enters into a delegation agreement; (“délégué”) “delegation agreement” means an agreement described in subsection 49 (4); (“accord de délégation”) “designated legislation” means provisions of this Act or the regulations that the Minister designates under subsection 49 (1). (“texte législatif désigné”)  2001, c. 20, s. 47.