48. (1) Every person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

(2) Every person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars.

(3) Notwithstanding the Criminal Code, no person shall be committed to prison for default of payment of a fine imposed under subsection (2).

1990, c. 22, s. 48; 1995, c. 40, s. 82.

49. Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

1990, c. 22, s. 49; 1995, c. 40, s. 83.

50. (1) Every person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.

(2) No person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention,

(a) the person had been notified of the prohibition or restriction; or

(b) reasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it.

1990, c. 22, s. 50; 1995, c. 40, s. 84.

51. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter asserted in it.

52. The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,

(a) an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or

(b) the summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address,

and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.

53. Where a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.

54. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a 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 or convicted.

55. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that

(a) the offence was committed without the knowledge or consent of the accused; and

(b) the accused exercised all due diligence to prevent the commission of the offence.

56. A prosecution for an offence under this Act may be instituted, heard and determined in the place where

(a) the offence was committed or the subject-matter of the prosecution arose;

(b) the accused was apprehended; or

(c) the accused happens to be, or is carrying on business.

57. (1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

(3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.

(4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.

1990, c. 22, s. 57; 1995, c. 40, s. 85.

58. Any orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.

59. [Repeal]

*60. This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

* [Note: Act in force October 1, 1990, see SI/90-110.]