Food Safety and Quality Act, 2001

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Sections132

• [s0]

  PART I purposes, DEFINITIONS AND ADMINISTRATION

• 1Purposes

  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.

• 1.
• 2Definitions

  2 In this Act, “agricultural or aquatic commodity” includes, (a) commodities that are plants, plant products, animals, animal products, micro-organisms and microbiological products and any parts or by-products of them that are intended for use as food, that may be used as food or from which food is or may be derived, (b) deadstock, offal and fallen animals, and (c) plants, plant products, animals, animal products and other agri-food products that, subject to a determination made in accordance with the regulations if applicable, are unfit for human consumption, pose a risk to or otherwise affect food quality or safety, directly or indirectly; (“denrée agricole ou aquatique”) “agricultural input” means a substance or an organism that may be used in the production of commodities, the growing of a plant or an organism or the raising of an animal and includes feed, fertilizers, seeds, pestici…

• 3Directors

  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).

• 3.
• [s4]

  PART II LICENSING

• 4Requirement for licence

  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).

• 4.
• 5Issuance of licence

  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 notic…

• 5.
• 6No licence

  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 suspendin…

• 6.
• 7Notice of hearing

  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).

• 7.
• 8Director’s decision

  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) …

• 8.
• 9Variation of conditions

  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 …

• 9.
• 10Appeal to Tribunal

  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 Trib…

• 10.
• 11Conduct of appeal

  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 kno…

• 11.
• [s13]

  PART III QUALITY AND SAFETY STANDARDS

• 12Standards

  12 The Lieutenant Governor in Council may make regulations for the purposes of this Act, (a) establishing standards with respect to food, agricultural or aquatic commodities or agricultural inputs and requiring persons to comply with the standards; (b) establishing standards with respect to any regulatable activity and requiring persons to comply with the standards; (c) governing any regulatable activity; (d) prohibiting any person or class of persons from carrying on a regulatable activity in any manner or in any manner except the prescribed manner; (e) prohibiting any person or class of persons from carrying on a regulatable activity or from constructing or altering premises, facilities, equipment or conveyances to carry on the activity unless, before doing so, the person or class of persons has given a notice to a director within the prescribed time period that sets out the informatio…

• 12.
• 13Duty to report

  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

• 13.
• [s16]

  PART IV INSPECTIONS AND ORDERS

• [s17]

  Inspections

• 14Inspectors

  14 (1) A director or a person authorized in writing by a director may appoint any person or class of persons to be inspectors and may limit the powers of the inspectors in the document making the appointment. 2001, c. 20, s. 14 (1). Certificate of appointment (2) Upon appointing an inspector, a director or a person authorized in writing by a director shall issue to the inspector a certificate of appointment bearing the director’s signature or a facsimile of it. 2001, c. 20, s. 14 (2). Proof of appointment (3) Every inspector who exercises powers under this Act shall, upon request, produce the certificate of appointment as an inspector. 2001, c. 20, s. 14 (3).

• 14.
• 15Search without warrant, food safety risk

  15 (1) An inspector may, without warrant or court order, stop any conveyance or enter and inspect any premises or conveyance in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or conveyance contains any thing that is or may be a food safety risk that constitutes a significant risk to public health or safety or that may be relevant to the existence of a food safety risk that constitutes a significant risk to public health or safety; (b) there are exigent circumstances that make it impractical to obtain a search warrant under section 17; and (c) the inspector is conducting the inspection for the purpose of determining whether the food safety risk would or may authorize the inspector to issue an order under this Act, whether or not the order would be directed to the person in control of the premises or conveyance that the inspector ente…

• 15.
• 16Minister’s order for inspection

  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 …

• 16.
• 17Search with warrant, food safety risk

  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 …

• 17.
• 18Other searches with warrant

  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 …

• 18.
• 19Search without warrant, compliance with preventive order

  19 (1) An inspector may, without warrant or court order, stop any conveyance or enter and inspect any premises or conveyance in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or the conveyance, (i) is subject to an order made under section 31, (ii) is owned or occupied by a person who is subject to an order made under section 31 and 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 that is reasonably necessary to determining whether there has been compliance with the order; and (b) the inspector is conducting the inspection for the purpose of determining whether a person who is subject…

• 19.
• 20Search with warrant, compliance with preventive order

  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 w…

• 20.
• 21Search without warrant, control areas

  21 (1) An inspector may, with or without warrant or court order, stop any conveyance or enter and inspect any premises or conveyance within a control area, established under an order made under a regulation made under clause 12 (q), in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or the conveyance is being used for the purposes of carrying on any of the following regulatable activities carried on as a business: (i) the production, processing, manufacturing or other preparation for consumption of food, (ii) the growing, harvesting, or other preparation for consumption of plants and micro-organisms that may be used as food, (iii) the raising, slaughter or other preparation for consumption of animals that may be used as food, (iv) the storage, transportation, processing, preparation for use, packing, packaging, selling by any means, …

• 21.
• 22Search with warrant, control areas

  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,…

• 22.
• 23Search without warrant, compliance with compliance order

  23 (1) An inspector may, without warrant or court order, stop any conveyance or enter and inspect any premises or conveyance in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or the conveyance, (i) is subject to an order made under section 32 or made under a regulation, other than a regulation made under clause 12 (q) or (r), (ii) is owned or occupied by a person who is subject to an order described in subclause (i) and contains any food, agricultural or aquatic commodity, agricultural input or any other thing that is subject to an order described in subclause (i), or (iii) is being used by a person, who is subject to an order described in subclause (i), to carry on any activity or do any thing that is subject to the order or that is reasonably necessary to determining whether there has been compliance with the order; and (b) the in…

• 23.
• 24Regulatory inspection of premises

  24 (1) An inspector may, without warrant or court order, enter and inspect any premises in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises is used for the purpose of carrying on a regulated activity; and (b) the inspector is conducting the inspection 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. 24 (1). Powers of inspectors (2) In an inspection under this section, an inspector may, (a) demand the production of, (i) any food, agricultural or aquatic commodity, agricultural input or other thing used in carrying on a regulated activity, or (ii) any books, records or other documents relevant to the subject-matter of the inspection or copies of extracts from the books, records or other documents; (b) in accordance with the regulations an…

• 24.
• 25Regulatory inspection of conveyances

  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 …

• 25.
• 26Search without warrant, exigent circumstances

  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 or…

• 26.
• 27Stopping a conveyance

  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).

• 27.
• 28Seizures

  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).

• 28.
• 29Disposal of seized goods

  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).

• 29.
• 30Arrest without warrant, fish

  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 o…

• 30.
• [s35]

  Orders

• 31Order for preventive measures

  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; a…

• 31.
• 32Compliance order

  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 t…

• 32.
• 33Right to hearing

  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…

• 33.
• 34Hearing by director

  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 r…

• 34.
• 35Appeal to Tribunal

  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).

• 35.
• 36Enabling order for inspector

  36 (1) A justice may issue an order authorizing an inspector to do anything that the inspector is empowered to do under sections 23, 24 or 25 or to gain entry to any premises or conveyance for the purpose of doing the thing if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe that it is appropriate for the administration and enforcement of this Act or the regulations for the inspector to do the thing and that the inspector may not be able to effectively carry out his or her duties without an order under this section because, (a) no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b) a person has prevented the inspector from doing anything that the inspector is empowered to do under those sections; (c) there are reasonable grounds to believe that a person may prevent an inspector from doi…

• 36.
• 37Order to use tracking device

  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 sha…

• 37.
• [s43]

  PART V ENFORCEMENT

• 38Exemptions for inspectors

  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.

• 38.
• 39Inquiry about food safety risk

  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…

• 39.
• 40Disclosure of information or things

  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). Recipie…

• 40.
• 41Administrative penalties

  41 (1) If, (a) a director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act or has failed to comply with a condition of a licence, certificate or permit; and (b) the contravention or failure is not one in respect of which a director is required by a regulation made under subsection (16) to issue a notice described in this subsection,

• 41.
• [s48]

  the director may, subject to the regulations under subsection (16), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues. 2001, c. 20, s. 41 (1). Mandatory administrative penalties (2) If, (a) a director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act or has failed to comply with a condition of a licence, certificate or permit; and (b) the contravention or failure is one in respect of which a director is required by a regulation made under subsection (16) to issue a notice described in this subsection, the director shall, subject to the regulations under subsection (16), issue a notice in writing requiring the person to pay an administrative pen…

• 42.
• 42Court order to enforce orders

  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.
• 43Injunction

  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.
• 44Offences

  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 …

• 45.
• 45Limitation period

  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.
• [s53]
• 46Penalties

  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 (…

• [s54]

  PART VI GENERAL

• 47.
• 47Definitions

  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.

• 48.
• 48Agreements with Canada, etc.

  48 The Minister may enter into agreements with the Government of Canada, any agency of it, any other province of Canada or agency of it, any other Minister of the Government of Ontario, any agency of that government, any individual, partnership, organization, association, marketing board, board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act or corporation providing for, (a) the more efficient carrying out within Ontario of the purpose and intent of this Act; (b) the exercise by the party contracting with the Minister, on behalf of the Government of Ontario, of powers or duties under this Act of the Minister, a director, an inspector or any person authorized to act in any way on behalf of any of them; or (c) the payment of money required for the exercise by the party contracting with the Minister of powers or duties under clause (b). 2001, c. 20, s. 48…

• 49.
• 49Delegation of administration

  49 (1) Subject to subsection (3), the Minister may, (a) by regulation, designate provisions of this Act or a regulation as designated legislation for the purpose of this section; (b) in the designation of legislation, specify exemptions and limitations to which the designation is subject. 2001, c. 20, s. 49 (1). Exemptions and limitations (2) The exemptions and limitations in the designation of legislation may exempt or limit the designation based on geographic area, food or agricultural or aquatic commodity affected by the legislation, any powers or duties contained in the legislation or any other characteristic. 2001, c. 20, s. 49 (2). Exceptions (3) The Minister shall not designate as designated legislation any powers or duties of the Minister, a director or an inspector under this Act with respect to a food safety risk. 2001, c. 20, s. 49 (3). Delegation agreement (4) The Minister ma…

• 50.
• 50Crown liability

  50 (1) In this section, “Crown appointee” means a person who is appointed under this Act but who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 and is not appointed by a delegate or acting under the direction of a delegate. 2001, c. 20, s. 50 (1); 2006, c. 35, Sched. C, s. 46 (1). Not Crown agents (2) Unless they are otherwise agents of the Crown, the following persons are not agents of the Crown for any purpose under this Act and shall not hold themselves out as such: 1. Delegates while carrying out the administration and enforcement of designated legislation under a delegation agreement. 2. Persons appointed under this Act by a delegate or acting under the direction of a delegate, while they are acting on behalf of a delegate who is carrying out the administration and enforcement of designated legislation under a delegation agreement. 2001, c…

• 51.
• 51Reimbursement of costs

  51 (1) The Minister may require any person to reimburse the Minister or a delegate for any reasonable costs of providing any service that the person requests and that is connected with the administration and enforcement of this Act. 2001, c. 20, s. 51 (1). Same, no request (2) The Minister may require any person described in subsection (3) to reimburse the Minister or a delegate for any reasonable costs of doing any thing that is required or authorized to be done in connection with the administration and enforcement of this Act, including, (a) the taking of samples of, examining, analysing, testing, grading or inspecting of food, agricultural or aquatic commodities, agricultural inputs or any other thing, as is required or authorized under this Act; (b) examining, testing or inspecting of premises, facilities, equipment or conveyances, as is required or authorized under this Act; and (c)…

• 52.
• 52Minister’s regulations

  52 The Minister may make regulations, (a) prescribing fees described as fees prescribed by the Minister; (b) requiring a person to pay fees to reimburse the Ministry for its reasonable costs of providing any service or doing any thing that is connected with the administration and enforcement of this Act and that relates to the person; (c) requiring a person to pay fees for the issuance or renewal of a certificate or permit; (d) establishing the amount of the fees mentioned in clause (a), (b) or (c) and the manner and time in which the person is required to make payment of those fees; (e) requiring a person to pay interest in the amount specified by the Minister on the amount of fees mentioned in clause (a), (b) or (c) that a person is required to pay under that clause and fails to pay as required; (f) authorizing the Ministry to withhold any service that is connected with the administrat…

• 53.
• 53LG in C regulations

  53 The Lieutenant Governor in Council may make regulations, (a) prescribing, specifying or designating anything that is described as prescribed, specified or designated in the regulations or described as prepared or done in accordance with the regulations, except for matters that are described as prescribed by the Minister; (b) exempting persons or classes of persons from the requirement to have a licence in the circumstances, if any, specified in the regulations and specifying conditions that attach to the exemptions; (c) authorizing directors to appoint other officials to assist the director in exercising powers or carrying out duties under this Act and specifying the powers and duties of those officials; (d) continuing, with the modifications specified in the regulations, as a licence or certificate under this Act, a licence or certificate issued under any Act that authorizes a person…

• 54.
• 54Powers in regulations

  54 (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation. 2001, c. 20, s. 54 (1). Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing. 2001, c. 20, s. 54 (2). Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics. 2001, c. 20, s. 54 (3). Adoption of instruments (4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any Act, regulation, law, code, formula, standard, guideline, protocol or procedure, …

• 55.
• 55Review of this Act

  55 The Minister may conduct a review of this Act after three years have passed since the day this section comes into force. 2001, c. 20, s. 55.

• 56.-60.
• 56., 57.
• 56., 57

  56., 57 Omitted (amends or repeals other Acts). 2001, c. 20, ss. 56, 57.

• 58.
• 61.
• 58Repealed

  58 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

• 59.
• 62.
• 59

  59 Omitted (amends or repeals other Acts). 2001, c. 20, s. 59.

• 60.
• 60Repealed

  60 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

• 61

  61 Omitted (provides for coming into force of provisions of this Act). 2001, c. 20, s. 61; 2002, c. 35, s. 1; 2004, c. 4, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 35, s. 1 - 13/12/2002 2004, c. 4, s. 1 - 20/05/2004

• 62

  62 Omitted (enacts short title of this Act). 2001, c. 20, s. 62. ______________