Acts and Regulations

S-5.3 - Seafood Processing Act

Full text
Inspections
67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
67(2.1)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time, issue an order to a person to
(a) stop processing fish in a primary processing plant for which there is no valid Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence,
(b) stop the expansion of a primary processing plant where hard cure smoked herring is processed if the person has not obtained the approval of the Registrar under section 17,
(c) stop processing any species of fish that is not permitted to be processed under the licence,
(d) stop purchasing fish if the person does not have a valid fish buying licence, and
(e) stop purchasing fish if the person is not complying with any terms and conditions of his or her fish buying licence.
67(2.2)A person issued an order referred to in subsection (2.1) shall comply with the order.
67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(b) Class 1 licences, Class 2 licences, Class 3 licences, Class 1 provisional licences, Class 2 provisional licences, Class 3 provisional licences, secondary processing plant registration certificates or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) registrations or licences under the Safe Food for Canadians Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(b) Class 1 licences, Class 2 licences, Class 3 licences, Class 1 provisional licences, Class 2 provisional licences, Class 3 provisional licences, secondary processing plant registration certificates or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) registrations or licences under the Safe Food for Canadians Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.
67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
2013, c.22, s.42; 2014, c.1, s.57; 2019, c.41, s.16; 2019, c.41, s.17
Inspections
67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
67(2.1)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time, issue an order to a person to
(a) stop processing fish in a primary processing plant for which there is no valid Class 1 licence, Class 2 licence, Class 3 licence, Class 1 provisional licence, Class 2 provisional licence or Class 3 provisional licence,
(b) stop the expansion of a primary processing plant where hard cure smoked herring is processed if the person has not obtained the approval of the Registrar under section 17,
(c) stop processing any species of fish that is not permitted to be processed under the licence,
(d) stop purchasing fish if the person does not have a valid fish buying licence, and
(e) stop purchasing fish if the person is not complying with any terms and conditions of his or her fish buying licence.
67(2.2)A person issued an order referred to in subsection (2.1) shall comply with the order.
67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(b) Class 1 licences, Class 2 licences, Class 3 licences, Class 1 provisional licences, Class 2 provisional licences, Class 3 provisional licences, secondary processing plant registration certificates or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(b) Class 1 licences, Class 2 licences, Class 3 licences, Class 1 provisional licences, Class 2 provisional licences, Class 3 provisional licences, secondary processing plant registration certificates or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.
67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
2013, c.22, s.42; 2014, c.1, s.57
Inspections
67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish, or the holding of live lobster, and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.
67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
2013, c.22, s.42
Inspections
67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish, or the holding of live lobster, and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, or fish buying licences;
(b.1) training certificates;
(b.2) government-issued photo identification cards;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.
67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
2013, c.22, s.42
Inspections
67(1)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, enter and inspect any premises, except a dwelling house, but including a vessel, vehicle or trailer which he or she has reason to believe are being used for the primary processing, secondary processing, storage or transportation of fish, or the holding of live lobster, and for the purposes of that inspection the inspector may open any container found in those premises that he or she has reason to believe contains fish.
67(2)Before or after attempting to effect entry under subsection (1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
67(3)An inspector may, at any reasonable time, for the purpose of ensuring compliance with this Act and the regulations, require any of the following to be produced for the purposes of inspection or for the purpose of obtaining copies of them or extracts of them:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, fish purchaser licences or purchasing agent certificates;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(4)No person shall without reasonable excuse fail to provide without delay on demand by an inspector any of the following:
(a) books, shipping bills or bills of lading;
(b) primary processing plant licences, live lobster holding facility licences, secondary processing plant registration certificates, fish purchaser licences or purchasing agent certificates;
(c) approvals to operate a source of contaminant under the Clean Environment Act;
(d) certificates of registration under the Fish Inspection Act (Canada);
(e) any other approvals or authorizations prescribed by regulation; or
(f) any other reports, records, documents or other information.
67(5)An inspector may remove any reports, records, documents or other information produced as a result of a request under subsection (3) or discovered during the inspection for the purpose of making copies or taking extracts.
67(6)An inspector removing a report, record, document or other information from premises under subsection (5) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the report, record, document or other information to the premises after completion of the making of copies or taking of extracts, as the case may be.
67(7)Copies of or extracts from reports, records, documents or other information removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the reports, records, documents or other information of which they are copies or from which they are extracts.
67(8)An inspector may seize any fish, container or report, record, document or other information which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
67(9)If fish, containers or reports, records, documents or other information are seized under subsection (8), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
67(10)Subject to subsection (11), all fish, containers and reports, records, documents or other information seized under subsection (8) may be detained for a period not exceeding 2 months following the day of seizure unless during that period prosecution for an offence under this Act or the regulations has been commenced, in which case the fish, containers and reports, records, documents or other information may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
67(11)If fish are seized under subsection (8), the inspector or other person having custody of them may sell the fish and pay the proceeds of the sale into the Consolidated Fund.
67(12)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the fish, containers or reports, records, documents or other information seized shall return them to the person from whom the inspector seized them, or
(b) if the fish are sold under subsection (11), the Minister shall pay to the person from whom the fish were seized such amount as in the opinion of the Minister represents the value thereof.
67(13)An inspector carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).