加拿大农产品法(英文).pptx

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1、CANADA AGRICULTURAL PRODUCTS ACTAn Act to regulate the marketing of agricultural products in import,export and interprovincial trade and to provide for national standards and grades of agricultural products,for their inspection and grading,for the registration of establishments and for standards gov

2、erning establishmentsBOARD OF ARBITRATION AND REVIEW TRIBUNAL-ss.4 to 8Board of Arbitration continued-s.4(1)4.(1)The Board of Arbitration,consisting of such members as are appointed by the Minister,one of whom shall be appointed as Chairperson and one as Vice-Chairperson,is hereby continued.Tenure-s

3、.4(2)(2)Each member shall be appointed for a term of not more than five years and shall hold office during good behaviour,but may be removed by the Minister for cause.Re-appointment-s.4(3)(3)Each member may be re-appointed as a member in the same or another capacity.BOARD OF ARBITRATION AND REVIEW T

4、RIBUNAL-ss.4 to 8Review Tribunal continued-s.4.1(1)4.1(1)The Review Tribunal,consisting of such members as are appointed by the Governor in Council,one of whom shall be appointed as Chairperson,is hereby continued.Qualifications-s.4.1(2)(2)A person is not eligible to be appointed a member of the Tri

5、bunal unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson of the Tribunal and at least one other member of the Tribunal must,in addition,be a barrister or advocate of at least ten years standing at the bar of any province or a notary of

6、at least ten years standing at the Chambre des notaires du Qubec.Membership-s.4.1(3)(3)The Chairperson of the Tribunal shall be appointed as a full-time member and the other members shall be appointed as either full-time members or part-time members of the Tribunal.BOARD OF ARBITRATION AND REVIEW TR

7、IBUNAL-ss.4 to 8Tenure-s.4.1(4)(4)Each member of the Tribunal shall be appointed for a term of not more than five years and shall hold office during good behaviour,but may be removed by the Governor in Council for cause.Re-appointment-s.4.1(5)(5)Each member of the Tribunal may be re-appointed as a m

8、ember in the same or another capacity.Not employed in public service-s.4.2(1)4.2(1)A member of the Tribunal may not be a person employed in the public service of Canada.Conflict of interest-s.4.2(2)(2)A member of the Tribunal shall not accept or hold any office or employment that is inconsistent wit

9、h the members duties or take part in any matter before the Tribunal in which the member has an interest.BOARD OF ARBITRATION AND REVIEW TRIBUNAL-ss.4 to 8Contractual assistance-s.4.34.3 The Board or the Tribunal may,for specific projects,enter into contracts for the services of persons having techni

10、cal or specialized knowledge of any matter relating to the work of the Board or Tribunal to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.Consultations-s.4.44.4 The members of the Board or the members of the Tribunal may consult with

11、 other members of the Board or Tribunal,as the case may be,in respect of any matter before it.Absence or incapacity of members-Board-s.5(1)5.(1)Where a member of the Board is absent or unable to act or the members position becomes vacant,the Minister may appoint a person to act in the members place

12、and,in the case of the Chairperson of the Board,the Vice-Chairperson of the Board shall act as Chairperson pending the appointment of a replacement.Absence or incapacity of Chairperson of Tribunal-s.5(2)(2)Where the Chairperson of the Tribunal is absent or unable to act or the Chairpersons position

13、becomes vacant,the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in subsection 4.1(2)to act as Chairperson pending the appointment of a replacement.BOARD OF ARBITRATION AND REVIEW TRIBUNAL-ss.4 to 8Duties of Chairpersons-s.5(3)(3)The Chairpe

14、rson 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 i

15、n 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 an

16、d 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 the Board and the Tribunal.BOARD OF ARBITRATION

17、 AND REVIEW TRIBUNAL-ss.4 to 8Travel and living expenses-Board-s.77.Each member of the Board is entitled to be paid(a)an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under this Act unless the member is employed in the public service of Canada;

18、and(b)reasonable travel and living expenses incurred by the member in the course of the members duties under this Act.Remuneration-Tribunal-s.7.1(1)7.1(1)Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each part-time member of the Tribunal i

19、s entitled to be paid such fees or other remuneration for that members services as may be fixed by the Governor in Council.Travel and living expenses-s.7.1(2)(2)Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member

20、s duties under this Act.BOARD OF ARBITRATION AND REVIEW TRIBUNAL-ss.4 to 8Courts 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 su

21、bsection(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

22、 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 persons knowledge relativ

23、e to any subject-matter before the Board or the Tribunal,as the case may be,and(ii)to bring and produce any document,book or paper in the persons possession or under the persons control relative to that subject-matter;(b)administer oaths and examine any person on oath;and(c)during a hearing,receive

24、such evidence as they consider relevant and trustworthy.BOARD OF ARBITRATION AND REVIEW TRIBUNAL-ss.4 to 8Rules-s.8(3)(3)The Board and,subject to the Agriculture and Agri-Food Administrative Monetary Penalties Act,the Tribunal may,with the approval of the Governor in Council,each make rules governin

25、g(a)the practice and procedure in respect of hearings;(b)the time and manner in which applications and notices must be made or given;and(c)the work of the Board or the Tribunal,as the case may be.Rules of evidence do not apply-s.8(4)(4)Neither the Board nor the Tribunal is bound by any legal or tech

26、nical rules of evidence in conducting any matter that comes before it,and each shall deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.Privileged evidence not receivable-s.8(5)(5)Neither the Board nor

27、the Tribunal shall receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.Rules of the Board of Arbitration and Review TribunalnTwo sets of Rules govern the operation of the Board and TribunalnGovern the conduct of hearings a

28、nd rendering of decisionsnBoard of Arbitration Rules were made in 2000,the Review Tribunal Rules were made in 1999COMPLAINT TO BOARD OF ARBITRATION-s.9Complaints against dealers-s.9(1)9.(1)A dealer may,within the prescribed time,file with the Board a written complaint against a dealer licensed under

29、 this Act for failure to comply with the regulations relating to grades,standards or marketing of prescribed agricultural products in import,export or interprovincial trade.Board to hear complaints-s.9(2)(2)The Board shall hear a complaint and(a)where it finds that the complaint is not well founded,

30、the Board shall dismiss it;(b)where it finds that the complaint is well founded,the Board shall make such order as it considers will provide adequate relief from the activity complained of,including,if necessary,an order for the payment of compensation and interest;and(c)the Board shall give reasons

31、 for its decision where reasons are requested by any party to the proceedings.REVIEW-s.10Application for review-s.10(1)10.(1)A party to any complaint proceedings may apply to the Tribunal for a review of the decision of the Board in accordance with subsection(1.1),and the application shall be brough

32、t within thirty days after the Board made the decision or within such longer period as the Tribunal may allow,either before or after the expiration of the thirty days.Nature of review-s.10(1.1)(1.1)A review referred to in subsection(1)shall be based on the record of the Boards proceedings and on the

33、 grounds of fairness,natural justice or error of law,but the Tribunal may hear evidence not previously available if it deems it necessary for the purposes of the review.Disposition of review-s.10(2)(2)After concluding a review referred to in subsection(1),the Tribunal may,by order,confirm the decisi

34、on,make the decision that the Board should have made or direct that the Board re-hear the matter,and the Tribunal shall,in accordance with its rules,notify the parties of any order under this subsection.ENFORCEMENT OF DECISIONS AND ORDERS-ss.11 to 12.2Filing in Federal Court-s.11(1)11.(1)Subject to

35、subsection(3),any person affected by a decision or order of the Board made under subsection 9(2),if it is final,or a decision or order of the Tribunal made under subsection 10(2),may file in the Federal Court for immediate registration a copy of the decision or order,exclusive of any reasons given f

36、or it,but the decision or order shall not be filed until at least thirty days after the day on which the decision or order was made.Effect of filing-s.11(2)(2)On filing in the Federal Court,a decision or order shall be registered in that Court and,when registered,it shall have the same force and eff

37、ect,and all proceedings may be taken,as if the decision or order were a judgment obtained in that Court.Staying filing-s.11(3)(3)The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the Tribunal.Definition-s.11(4)(4)In subsection(1),the expression

38、 order of the Board includes an order as varied by the Tribunal,but does not include an order made by a decision that has been cancelled by the Tribunal.ENFORCEMENT OF DECISIONS AND ORDERS-ss.11 to 12.2Exclusive jurisdiction-s.12(1)12.(1)The Board has sole and exclusive jurisdiction to hear and dete

39、rmine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9,and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is given jurisdiction by this

40、 Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.Review by Federal Court-s.12(2)(2)Subject to section 10,a decision or order of the Board and a decision or order of the Tribunal may only be reviewed under the Federal Court Act.ENFORCEMENT OF DECISIONS AND ORDERS-ss.11 to

41、12.2Chairperson-s.12.1(1)12.1(1)The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of the Tribunal:(a)applications under subsection 10(1);(b)requests under subsection 8(1)or 12(2)of the Agriculture and Agri-Food Administrative Monetary Penalti

42、es Act for a review in respect of a notice of violation that contains a warning;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.12.1(2)(2)The jurisdictio

43、n 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 4.1(2).Reviews under other Act-s.12.212.2 Reviews by the Tribunal under the Agri

44、culture and Agri-Food Administrative Monetary Penalties Act shall be heard by a single member of the Tribunal.REGISTERED ESTABLISHMENTS AND ACCREDITED LABORATORIES-s.13 to 14Registered establishments-s.1313.It shall be a condition of the registration and operation of an establishment as a registered

45、 establishment under this Act that the establishment and all agricultural products in it are subject to this Act and the regulations.Accredited laboratories-s.1414.For the purpose of administering this Act and the regulations,the Minister may designate as an accredited laboratory all or part of any

46、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 TRADE-MARKS-ss.15 to 16National trade-marks-s.1515.Every agricultural product legend and

47、 every grade name is a national trade-mark and the exclusive property in the trade-mark and,subject to this Act,the right to the use of the trade-mark are hereby vested in Her Majesty in right of Canada.Use of similar legend or grade name-s.1616.No person shall(a)apply or use a legend,word,mark,symb

48、ol or design or any combination thereof that resembles an agricultural product legend or a grade name;or(b)market,or possess for the purpose of marketing,an agricultural product to which there is applied or in connection with which there is used a legend,word,mark,symbol or design or any combination

49、 thereof that resembles an agricultural product legend or a grade name.Canada Produce Legend63.Every container of prepackaged produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed on its principal display panel.the establishment regist

50、ration number as shown in Schedule IV.TRADE IN AGRICULTURAL PRODUCTS-ss.17 to 18Prohibition-s.1717.No person shall,except in accordance with this Act or the regulations,(a)market an agricultural product in import,export or interprovincial trade;(b)possess an agricultural product for the purpose of m