33. (1) Every person who contravenes any provision of this Act or the regulations

(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

(2) 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.

(3) 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, shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

R.S., 1985, c. 20 (4th Supp.), s. 33; 1995, c. 40, s. 43.

34. (1) 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

(a) notwithstanding the provisions of the Criminal Code, an inspector may issue and serve a summons by completing a ticket in the prescribed form, signing it and delivering it to the accused; or

(b) the summons may be served by mailing it to the accused at the latest known address of the accused.

(2) Where a person is served with a ticket and does not enter a plea within the prescribed time, a justice shall examine the ticket and

(a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or

(b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.

(3) The Governor in Council may make regulations for the purposes of applying this section, including regulations prescribing the amount of the fine for any offence and establishing a procedure for entering a plea of guilty and paying the fine.

(4) The amount of the fine for an offence may be prescribed to be higher with respect to persons who are convicted of the offence for a second or further time.

35. Where a person is convicted of an offence under this Act and a fine 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.

36. 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.

37. 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 the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

38. A prosecution for an offence under this Act may be instituted, heard and determined

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

(b) where the accused was apprehended; or

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

39. Where any fees or charges imposed under this Act or the regulations, or any interest thereon, are unpaid, they may be recovered from the person on whom they were imposed as a debt due to Her Majesty in right of Canada.

40. (1) In any proceedings for a violation, or for an offence under this Act, a certificate or report of an analyst, inspector or grader, purporting to have been signed by the analyst, inspector or grader, and stating the results of the relevant analysis, inspection or grading, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is proof of the matters asserted in the certificate or report.

(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any book, record or document made by an inspector under paragraph 21(1)(c) or (2)(b) or subsection 24(2) or (4) and appearing to have been certified under the inspector’s signature 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 the copy and extract 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) No certificate, report, copy or extract 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 certificate, report, copy or extract.

R.S., 1985, c. 20 (4th Supp.), s. 40; 1995, c. 40, s. 44.

41. In any proceedings for a violation, or for an offence under this Act, proof that an agricultural product or its container bore

(a) a name and address purporting to be that of the person who prepared it, or

(b) a registered number or registered brand mark purporting to be that of the establishment where it was prepared,

is proof, in the absence of evidence to the contrary, that the agricultural product was prepared by the person or at the establishment whose name, address, registered number or registered brand mark appeared on the agricultural product or container.

R.S., 1985, c. 20 (4th Supp.), s. 41; 1995, c. 40, s. 45.

42. [Repeal]