Acts and Regulations

S-5.3 - Seafood Processing Act

Full text
Designation and certificate of qualified technician
71(1)The Minister may designate persons as qualified technicians, who, in his or her opinion, have received suitable training to analyze and examine the following:
(a) a portion of the meat, tissue or body fluid of any species of fish;
(b) containers;
(c) processing apparatus;
(d) substances; or
(e) any other thing prescribed by regulation.
71(2)Subject to subsections (3) and (4), a certificate stating that a qualified technician has analyzed or examined any of the things listed in subsection (1) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
71(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person against whom the certificate is to be produced, reasonable notice of his or her intention together with a copy of the certificate.
71(4)A person to whom a certificate of a qualified technician is given under subsection (3) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.
Designation and certificate of qualified technician
71(1)The Minister may designate persons as qualified technicians, who, in his or her opinion, have received suitable training to analyze and examine the following:
(a) a portion of the meat, tissue or body fluid of any species of fish;
(b) containers;
(c) processing apparatus;
(d) substances; or
(e) any other thing prescribed by regulation.
71(2)Subject to subsections (3) and (4), a certificate stating that a qualified technician has analyzed or examined any of the things listed in subsection (1) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
71(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person against whom the certificate is to be produced, reasonable notice of his or her intention together with a copy of the certificate.
71(4)A person to whom a certificate of a qualified technician is given under subsection (3) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.