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加拿大農產品法-wenkub

2023-03-27 04:36:03 本頁面
 

【正文】 Canadian Food Inspection Agency Act for the purposes of this Act. Certificate to be produced s. 19(2) (2) Inspectors shall be given certificates in a form established by the President of the Agency attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place on request. Obstruction of administrative officers s. 19(4) (4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations. Interference s. 19(5) (5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or detained under this Act or the regulations. Designation of methods and equipment s. 20 20. The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying out duties and functions under this Act or the regulations. INSPECTION ss. 21 to 23 Powers of inspectors s. 21(1) 21. (1) For the purpose of ensuring pliance with this Act and the regulations, an inspector may, subject to section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector may (a) open any container that the inspector believes on reasonable grounds contains an agricultural product。 and (c) requests under paragraph 9(3)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation that sets out a penalty of less than $2,000. Other legally qualified members s. (2) (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in subsection (2). Reviews under other Act s. Reviews by the Tribunal under the Agriculture and AgriFood Administrative Moary Penalties Act shall be heard by a single member of the Tribunal. REGISTERED ESTABLISHMENTS AND ACCREDITED LABORATORIES s. 13 to 14 Registered establishments s. 13 13. It shall be a condition of the registration and operation of an establishment as a registered establishment under this Act that the establishment and all agricultural products in it are subject to this Act and the regulations. Accredited laboratories s. 14 14. For the purpose of administering this Act and the regulations, the Minister may designate as an accredited laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections, grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products. NATIONAL TRADEMARKS ss. 15 to 16 National trademarks s. 15 15. Every agricultural product legend and every grade name is a national trademark and the exclusive property in the trademark and, subject to this Act, the right to the use of the trademark are hereby vested in Her Majesty in right of Canada. Use of similar legend or grade name s. 16 16. No person shall (a) apply or use a legend, word, mark, symbol or design or any bination thereof that resembles an agricultural product legend or a grade name。 (b) where it finds that the plaint is well founded, the Board shall make such order as it considers will provide adequate relief from the activity plained of, including, if necessary, an order for the payment of pensation and interest。 (b) administer oaths and examine any person on oath。s duties under this Act. BOARD OF ARBITRATION AND REVIEW TRIBUNAL ss. 4 to 8 Courts of record s. 8(1) 8. (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially noticed. Examination of witnesses, etc. s. 8(2) (2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the Board and the Tribunal may each (a) issue a summons requiring a person (i) to appear at the time and place stated in the summons to testify to all matters within the person39。s position bees vacant, the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in subsection (2) to act as Chairperson pending the appointment of a replacement. BOARD OF ARBITRATION AND REVIEW TRIBUNAL ss. 4 to 8 Duties of Chairpersons s. 5(3) (3) The Chairperson of the Board and the Chairperson of the Tribunal are the chief executive officers of the Board and the Tribunal, respectively, and shall apportion work among their members. Head offices s. 6(1) 6. (1) The head offices of the Board and the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act. Meetings s. 6(2) (2) The Board may sit at such places in Canada as it considers appropriate and the Tribunal may sit at such places in Canada as may be specified by the Governor in Council. Quorum s. 6(3) (3) Three members of the Board constitute a quorum. Staff and facilities s. 6(4) (4) The Minister may provide the Board and the Tribunal with such officers and employees from within the public service of Canada and such facilities and professional advisers as are necessary for the proper conduct of the business of th
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