Fertilizers Act
(R.S.C., 1985, c. F-10)
(as amended up to 15 janvier 2019)
An Act respecting fertilizers and supplements
Short Title
Short title
1 This Act may be cited as the Fertilizers Act.
R.S., c. F-9, s. 1.
Interpretation
Definitions
2 In this Act,
analyst means a person designated as an analyst pursuant to section 6; (analyste)
conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of
transportation, including a cargo container; (véhicule)
document means anything on which information that is capable of being understood
by a person, or read by a computer or other device, is recorded or marked;
(document)
environment means the components of the Earth and includes
(a) air, land and water,
(b) all layers of the atmosphere,
(c) all organic and inorganic matter and living organisms, and
(d) the interacting natural systems that include components referred to in
paragraphs (a) to (c); (environnement)
establishment means any place, including a conveyance, where a fertilizer or
supplement is manufactured, stored, packaged or labelled; (établissement)
fertilizer means any substance or mixture of substances, containing nitrogen,
phosphorus, potassium or other plant food, manufactured, sold or represented for
use as a plant nutrient; (engrais)
inspector means a person designated as an inspector pursuant to section 6;
(inspecteur)
item to which this Act applies means
(a) a fertilizer or supplement,
(b) anything used in an activity regulated under this Act, and
(c) a document that is related to a fertilizer or supplement or to any activity
regulated under this Act; (chose visée par la présente loi)
label includes any legend, word, mark, symbol or design applied or attached to,
included in, belonging to or accompanying any fertilizer, supplement or package;
(étiquette)
Minister means the Minister of Agriculture and Agri-Food; (ministre)
package includes a sack, bag, barrel, case or any other container in which fertilizers
or supplements are placed or packed; (emballage)
penalty means an administrative monetary penalty imposed under the Agriculture
and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)
prescribed means prescribed by regulation; (Version anglaise seulement)
sell includes sell, offer for sale, expose for sale, have in possession for sale and
distribute; (vente)
supplement means any substance or mixture of substances, other than a fertilizer,
that is manufactured, sold or represented for use in the improvement of the physical
condition of soils or to aid plant growth or crop yields; (supplément)
Tribunal means the Review Tribunal continued by subsection 27(1) of the
Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)
violation means any contravention of this Act or the regulations that may be
proceeded with in accordance with the Agriculture and Agri-Food Administrative
Monetary Penalties Act. (violation)
R.S., 1985, c. F-10, s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 50; 1997, c. 6, s. 48; 2012, c. 24, s. 88;
2015, c. 2, s. 63.
Prohibitions
Absence of registration, etc.
3 No person shall sell, or import into Canada, any fertilizer or supplement unless the
fertilizer or supplement
(a) has, in accordance with the regulations, been approved by the Minister or
registered;
(b) conforms to prescribed standards; and
(c) is packaged and labelled in accordance with the regulations.
R.S., 1985, c. F-10, s. 3; 2015, c. 2, s. 64.
Fertilizers and supplements presenting risk of harm
3.1 No person shall manufacture, sell, import or export in contravention of the
regulations any fertilizer or supplement that presents a risk of harm to human, animal
or plant health or the environment.
2015, c. 2, s. 65.
Prescribed activity with licence or registration
3.2 No person shall conduct a prescribed activity in respect of a prescribed fertilizer
or supplement that has been imported for sale — or that is to be exported or to be
sent or conveyed from one province to another — unless the person is authorized to
do so by a registration made under subsection 5.2(1), by a licence issued under that
subsection or by both such a registration and licence, as provided for in the
regulations.
2015, c. 2, s. 65.
Prescribed activity in registered establishment
3.3 No person shall conduct a prescribed activity in respect of a prescribed fertilizer
or supplement that has been imported for sale — or that is to be exported or to be
sent or conveyed from one province to another — unless the activity is conducted in
an establishment registered under subsection 5.3(1) in accordance with the
regulations.
2015, c. 2, s. 65.
Recall order — Canadian Food Inspection Agency Act
3.4 No person shall sell a fertilizer or supplement that is the subject of a recall order
referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
2015, c. 2, s. 65.
Destructive ingredients or harmful properties
4 No person shall sell any fertilizer or supplement that contains destructive
ingredients or properties harmful to plant growth when used according to the
directions that accompany the fertilizer or supplement or that appear on the label of
the package in which the fertilizer or supplement is contained.
R.S., c. F-9, s. 9.
Regulations
Regulations
5 (1) The Governor in Council may make regulations
(a) respecting applications for registration or for approval of fertilizers or
supplements and the information to be furnished with the applications;
(b) respecting the registration of fertilizers and supplements and prescribing fees
for registration;
(b.1) respecting the approval of fertilizers and supplements;
(c) respecting the duration and cancellation of the registration or approval of
fertilizers and supplements;
(c.1) respecting the manufacturing, sale, importation or exportation of any
fertilizer or supplement that presents a risk of harm to human, animal or plant
health or the environment;
(c.2) respecting the sending or conveying from one province to another or the
importation or exportation of any fertilizer or supplement;
(c.3) respecting the manufacturing or sale of any fertilizer or supplement that is to
be exported or to be sent or conveyed from one province to another;
(c.4) respecting the sale of any fertilizer or supplement that has been imported;
(d) exempting, with or without conditions, any item to which this Act applies, or a
person or activity in respect of a fertilizer or supplement, from the application of
this Act or the regulations or a provision of this Act or the regulations;
(e) prescribing the form, composition and other standards for fertilizers and
supplements;
(f) respecting the packaging of fertilizers and supplements and the labelling of
packages thereof;
(f.1) respecting the evaluation of a fertilizer or supplement, including regulations
respecting
(i) the provision of samples of the fertilizer or supplement,
(ii) the provision of information in respect of the fertilizer or supplement,
including information that
(A) permits the fertilizer or supplement to be distinguished from other
fertilizers or supplements, and
(B) is required for evaluating the potential impact of the fertilizer or
supplement on, and the risk of harm posed by the fertilizer or supplement
to, human, animal or plant health or the environment, and
(iii) the evaluation of the potential impact of the fertilizer or supplement on,
and the risk of harm posed by the fertilizer or supplement to, human, animal or
plant health or the environment;
(g) respecting the taking of samples and the making of analyses for the purposes
of this Act;
(g.1) requiring persons to take or keep samples of any fertilizer or supplement, or
its package or label, and to provide the Minister or an inspector with, or with
access to, those samples, and respecting the manner in which those samples are
to be taken or kept and the manner in which they are to be provided or access to
them is to be provided;
(h) providing that fertilizers registered under this Act and containing a pest control
product as defined in subsection 2(1) of the Pest Control Products Act are, in
prescribed circumstances and subject to prescribed conditions, deemed to be
registered under that Act;
(h.1) respecting
(i) the registration of persons or the issuing of licences to persons under
section 5.2 or the registration of establishments under section 5.3,
(ii) the suspension, cancellation and renewal of those licences and
registrations, and
(iii) the amendment of those licences and registrations or of any of the
conditions to which they are subject by reason of subsection 5.2(3) or 5.3(4);
(h.2) respecting quality management programs, quality control programs, safety
programs, preventive control plans or any other similar programs or plans to be
implemented by persons who conduct any activity regulated under this Act;
(i) respecting the detention, preservation and safeguarding of anything seized
under section 9;
(j) respecting the disposition of anything forfeited under section 9;
(j.1) requiring persons to prepare, keep or maintain documents and to provide the
Minister or an inspector with, or with access to, those documents, and respecting
(i) the information in those documents,
(ii) the manner in which they are to be prepared, kept or maintained,
(iii) the place where they are to be kept or maintained, and
(iv) the manner in which they are to be provided or access to them is to be
provided;
(j.2) respecting the issuance of certificates or other documents for the purpose of
section 5.5;
(k) prescribing anything else that by this Act is required to be prescribed; and
(l) generally, for carrying out the purposes and provisions of this Act.
Paragraphs (1)(c.1) and (c.2)
(1.1) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things,
establish preclearance or in-transit requirements for any imported fertilizer or
supplement or anything imported with it.
Paragraph (1)(j.1)
(1.2) Regulations made under paragraph (1)(j.1) may, among other things, require
persons who conduct any activity regulated under this Act and who become aware
that a fertilizer or supplement presents a risk of harm to human, animal or plant
health or the environment or does not meet the requirements of the regulations to
provide written notice to that effect to the Minister or an inspector.
Regulations re North American Free Trade Agreement and WTO Agreement
(2) Without limiting the authority conferred by subsection (1), the Governor in Council
may make such regulations as the Governor in Council deems necessary for the
purpose of implementing, in relation to fertilizers or supplements, Article 1711 of the
North American Free Trade Agreement or paragraph 3 of Article 39 of the
Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex
1C to the WTO Agreement.
Definitions
(3) In subsection (2),
North American Free Trade Agreement has the meaning given to the word
“Agreement” by subsection 2(1) of the North American Free Trade Agreement
Implementation Act; (Accord de libre-échange nord-américain)
WTO Agreement has the meaning given to the word “Agreement” by subsection 2
(1) of the World Trade Organization Agreement Implementation Act. (Accord sur
l’OMC)
R.S., 1985, c. F-10, s. 5; 1993, c. 44, s. 155; 1994, c. 47, s. 115; 2002, c. 28, s. 84; 2015, c. 2, s. 66.
Incorporation by Reference
Incorporation by reference
5.1 (1) A regulation made under subsection 5(1) may incorporate by reference any
document, regardless of its source, either as it exists on a particular date or as it is
amended from time to time.
Accessibility
(2) The Minister must ensure that any document that is incorporated by reference in
a regulation made under subsection 5(1), including any amendments to the
document, is accessible.
Defence
(3) A person is not liable to be found guilty of an offence or subjected to an
administrative sanction for any contravention in respect of which a document that is
incorporated by reference in a regulation made under subsection 5(1) is relevant
unless, at the time of the alleged contravention, the document was accessible as
required by subsection (2) or it was otherwise accessible to the person.
No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation
made under subsection 5(1) is not required to be transmitted for registration or
published in the Canada Gazette by reason only that it is incorporated by reference.
2015, c. 2, s. 67.
Registrations and Licences
Persons
5.2 (1) The Minister may, on application, register a person, or issue a licence to a
person, authorizing them to conduct a prescribed activity in respect of a prescribed
fertilizer or supplement that has been imported for sale — or that is to be exported or
to be sent or conveyed from one province to another — or both register a person and
issue them a licence.
Conditions — regulations
(2) The registration and the licence are subject to the prescribed conditions.
Conditions — Minister
(3) The Minister may make a registration or licence subject to any additional
conditions that he or she considers appropriate.
Obligation to comply
(4) The holder of the registration or licence must comply with all the conditions to
which the registration or licence is subject.
No transfer
(5) The registration or licence is not transferable.
2015, c. 2, s. 67.
Establishments
5.3 (1) The Minister may, on application, register an establishment as one where a
prescribed activity may be conducted in respect of a prescribed fertilizer or
supplement that has been imported for sale or that is to be exported or to be sent or
conveyed from one province to another.
Holder
(2) The applicant in respect of an establishment is the holder of the registration.
Conditions — regulations
(3) The registration is subject to the prescribed conditions.
Conditions — Minister
(4) The Minister may make a registration subject to any additional conditions that he
or she considers appropriate.
Obligation to comply
(5) The holder of the registration must comply with all the conditions to which the
registration is subject.
No transfer
(6) The registration is not transferable.
2015, c. 2, s. 67.
Amendment, suspension, cancellation and renewal
5.4 Subject to the regulations, the Minister may amend, suspend, cancel or renew a
registration made under subsection 5.2(1) or 5.3(1) or a licence issued under
subsection 5.2(1).
2015, c. 2, s. 67.
General
Export certificates
5.5 The Minister may issue any certificate or other document setting out any
information that he or she considers necessary to facilitate the export of any fertilizer
or supplement.
2015, c. 2, s. 67.
Disposition of samples
5.6 A sample taken by an inspector, or provided to the Minister or an inspector,
under this Act may be disposed of in any manner that the Minister considers
appropriate.
2015, c. 2, s. 67.
Consideration of information
5.7 In considering an application made under the regulations in relation to a fertilizer
or supplement, the Minister may consider information that is available from a review
or evaluation of a fertilizer or supplement conducted by the government of a foreign
state or of a subdivision of a foreign state or by an international organization, or
association, of states.
2015, c. 2, s. 67.
Enforcement
Designation of inspectors and analysts
6 (1) The President of the Canadian Food Inspection Agency may designate under
section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts
necessary for the administration and enforcement of this Act.
Designation
(1.1) The President of the Canada Border Services Agency may designate
inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for
the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the
Canadian Food Inspection Agency or the President of the Canada Border Services
Agency, as the case may be, attesting to their designation and, on entering any
place under subsection 7(1), an inspector shall, if so required, produce the certificate
to the person in charge of that place.
R.S., 1985, c. F-10, s. 6; 1997, c. 6, s. 49; 2005, c. 38, s. 113.
Powers of inspectors
7 (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying
compliance or preventing non-compliance with this Act,
(a) enter any place in which the inspector believes on reasonable grounds there
is any article to which this Act applies;
(b) open any package found in that place that the inspector believes on
reasonable grounds contains any such article;
(c) examine the article and take samples thereof; and
(d) remove anything from that place for the purpose of examination, conducting
tests or taking samples.
Warrant required to enter dwelling-house
(1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an
inspector may not enter that dwelling-house without the consent of the occupant
except under the authority of a warrant issued under subsection (1.2).
Authority to issue warrant
(1.2) Where on ex parte application a justice of the peace is satisfied by information
on oath
(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a
dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the
administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable
grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector
named therein to enter that dwelling-house subject to such conditions as may be
specified in the warrant.
Use of force
(1.3) In executing a warrant issued under subsection (1.2), the inspector named
therein shall not use force unless the inspector is accompanied by a peace officer
and the use of force has been specifically authorized in the warrant.
Assistance to inspectors
(2) The owner or person in charge of any place described in subsection (1) and
every person found in that place shall give an inspector all reasonable assistance to
enable the inspector to carry out his duties and functions under this Act and shall
furnish the inspector with any information he may reasonably require with respect to
the administration of this Act and the regulations.
Provision of documents, information or samples
(3) An inspector may, for a purpose related to verifying compliance or preventing
non-compliance with this Act, order a person to provide, on the date, at the time and
place and in the manner specified by the inspector, any document, information or
sample specified by the inspector.
R.S., 1985, c. F-10, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 9; 2015, c. 2, s. 68.
Obstruction of inspectors
8 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties
or functions under this Act.
False statements
(2) No person shall make a false or misleading statement either orally or in writing to
an inspector or other officer engaged in carrying out his duties or functions under this
Act.
R.S., c. F-9, s. 8.
Seizure
9 (1) Where an inspector believes on reasonable grounds that this Act or the
regulations have been contravened, the inspector may seize any article by means of
or in relation to which the inspector believes on reasonable grounds the
contravention was committed.
Release of seized article
(2) If an inspector is satisfied that the provisions of this Act and the regulations that
apply with respect to an article seized under this Act have been complied with, the
article must be released.
Forfeiture
(3) Where the Tribunal decides that a person has committed a violation, or a person
is convicted of an offence under this Act, the Tribunal or the convicting court, as the
case may be, may, in addition to any penalty or punishment imposed, order that any
article by means of or in relation to which the violation or offence was committed, be
forfeited to Her Majesty in right of Canada.
R.S., 1985, c. F-10, s. 9; 1995, c. 40, s. 51; 2015, c. 2, s. 69.
Removal or destruction of unlawful imports
9.1 (1) An inspector who has reasonable grounds to believe that an imported
fertilizer or supplement does not meet the requirements of the regulations or was
imported in contravention of a provision of this Act or the regulations may, by notice,
whether the fertilizer or supplement is seized or not, order its owner or importer or
the person having possession, care or control of it to remove it from Canada or, if
removal is not possible, to destroy it.
Notice
(2) The notice must either be delivered personally to the owner or importer of the
fertilizer or supplement or to the person having possession, care or control of it or be
sent by registered mail to the owner’s, importer’s or person’s address in Canada.
Forfeiture
(3) If the fertilizer or supplement is not removed from Canada or destroyed within the
period specified in the notice — or, if no period was specified, within 90 days after
the day on which the notice was delivered or sent — it is, despite subsection 9(2),
forfeited to Her Majesty in right of Canada and may be disposed of as the Minister
may direct.
Suspension of application of subsection (3)
(4) An inspector may, for a period that he or she specifies, suspend the application of
subsection (3) if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the fertilizer or supplement will not be sold within that period;
(c) the measures that should have been taken for the fertilizer or supplement not
to have been imported in contravention of a provision of this Act or the
regulations will be taken within that period; and
(d) if the fertilizer or supplement does not meet the requirements of the
regulations, it will be brought into compliance with the regulations within that
period.
Cancellation
(5) An inspector may cancel the notice if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the fertilizer or supplement has not been sold within the period referred to in
subsection (6);
(c) the measures referred to in paragraph (4)(c) were taken within that period;
and
(d) if the fertilizer or supplement did not meet the requirements of the regulations
when it was imported, it was brought into compliance with the regulations within
that period.
Period
(6) The period for the purposes of subsection (5) is
(a) if the application of subsection (3) was suspended under subsection (4), the
period of the suspension; and
(b) if the application of subsection (3) was not suspended, the period specified in
the notice or, if no period was specified, the period that ends 90 days after the
day on which the notice was delivered or sent.
Non-application of Statutory Instruments Act
(7) The Statutory Instruments Act does not apply in respect of the notice.
2015, c. 2, s. 70.
Analysis
Analysis and examination
9.2 An inspector may submit to an analyst, for analysis or examination,
(a) any sample taken by an inspector, or provided to the Minister or an inspector,
under this Act; or
(b) anything removed under paragraph 7(1)(d), any article seized under
subsection 9(1) or any sample of that thing or article.
2015, c. 2, s. 70.
Limitation on Liability
Her Majesty not liable
9.3 If a person must, under this Act, do anything or permit an inspector to do
anything, Her Majesty in right of Canada is not liable
(a) for any costs, loss or damage resulting from the compliance; or
(b) to pay any fee, including any rent or charge, for what is done or permitted to
be done.
2015, c. 2, s. 70.
No liability
9.4 No person who exercises powers or performs duties or functions under this Act is
liable in respect of anything done or omitted to be done in good faith in the exercise
of those powers or the performance of those duties or functions.
2015, c. 2, s. 70.
Offences and Punishment
Offences
10 Every person who contravenes any provision of this Act or the regulations or fails
to do anything that the person is ordered to do by an inspector under this Act is guilty
of
(a) 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) 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.
R.S., 1985, c. F-10, s. 10; 1995, c. 40, s. 52; 2015, c. 2, s. 71.
Parties to offence
10.1 If a person other than an individual commits an offence under section 10, any of
the person’s directors, officers or agents or mandataries who directs, authorizes,
assents to or acquiesces or participates in the commission of the offence is a party to
the offence and is liable on conviction to the punishment provided for by this Act,
even if the person is not prosecuted for the offence.
1997, c. 6, s. 50; 2015, c. 2, s. 72.
Proof of offence
11 In a prosecution for an offence under this Act, it is sufficient proof of the offence to
establish that it was committed by an employee or an agent or mandatary of the
accused, even if the employee or the agent or mandatary is not identified or
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.
R.S., 1985, c. F-10, s. 11; 2015, c. 2, s. 72.
Limitation period
11.1 Summary conviction proceedings for an offence under this Act may be instituted
no later than two years after the day on which the subject matter of the proceedings
arises.
2015, c. 2, s. 72.
Certificate of analyst
12 In any proceedings for a violation, or for an offence under this Act, a certificate of
an analyst stating that the analyst has analyzed or examined a substance or a
sample submitted to the analyst by an inspector and stating the result of the
examination is evidence of the statement contained in the certificate.
R.S., 1985, c. F-10, s. 12; 1995, c. 40, s. 53.
Venue
13 A complaint or information in respect of an offence under this Act may be heard,
tried or determined by a provincial court judge or a justice if the accused is resident
or carrying on business within the territorial jurisdiction of the provincial court judge
or justice, although the matter of the complaint or information did not arise in that
territorial jurisdiction.
R.S., 1985, c. F-10, s. 13; R.S., 1985, c. 27 (1st Supp.), s. 203.
RELATED PROVISIONS
— 1997, c. 6, s. 50(2)
Transitional
50 (2) For greater certainty, the two year limitation period provided for in subsection 10.1
(1) of the Act, as amended by subsection (1), only applies in respect of offences
committed after the coming into force of that subsection.