P-29 - Food Products Act

Section 46 Disposition versions

2021-10-06

46. Where a legal person is guilty of an offence against section 3 in relation to a product unfit for human consumption, so deteriorated as to be unfit for human consumption or whose safety for human consumption is uncertain, a provision of a regulation under the first paragraph of section 3.3.1, section 9 or 11.1 in relation to the operation of a packing-house, establishment, premises or vehicle while its permit is suspended or cancelled under section 15, an order under any of sections 33.9.0.1 to 33.11.1 or a regulation under section 33.11.2, section 34 in relation to the operating hours fixed in that section, or contravenes the conditions or restrictions indicated in its permit or the provisions of regulations concerning stamping, the origin of products or inedible meat, every officer, director, partner, employee or mandatary of that legal person who prescribed or authorized the committing of the offence, or who consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1, 45.1.1, 45.1.2, 45.2, 45.3 or 45.4, whether or not the legal person has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5; 1996, c. 50, s. 13; 1997, c. 68, s. 12; 2000, c. 26, s. 50; 2021, c. 29, s. 43.

2000-06-16

46. Where a legal person is guilty of an offence against section 3 in relation to a product unfit for human consumption, so deteriorated as to be unfit for human consumption or whose safety for human consumption is uncertain, section 9 or 11.1 in relation to the operation of a packing-house, establishment, premises or vehicle while its permit is suspended or cancelled under section 15, an order under any of sections 33.9.1 to 33.11.1 or a regulation under section 33.11.2, section 34 in relation to the operating hours fixed in that section, or contravenes the conditions or restrictions indicated in its permit or the provisions of regulations concerning stamping, the origin of products or inedible meat, every officer, director, partner, employee or mandatary of that legal person who prescribed or authorized the committing of the offence, or who consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1, 45.1.1, 45.1.2, 45.2 or 45.3, whether or not the legal person has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5; 1996, c. 50, s. 13; 1997, c. 68, s. 12; 2000, c. 26, s. 50.

1997-11-11

46. Where a legal person is guilty of an offence against section 3 in respect of a product unfit for human consumption or deteriorated so that it is unfit for human consumption, section 5 or 9, an order made under section 33.10 or 33.11, the operating hours fixed in accordance with section 34, the conditions or restrictions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every senior officer, director, employee or mandatary of that legal person who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1, 45.1.1 or 45.2, whether or not the legal person has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5; 1996, c. 50, s. 13; 1997, c. 68, s. 12.

1996-12-16

46. Where a legal person is guilty of an offence against section 3 in respect of a product unfit for human consumption or deteriorated so that it is unfit for human consumption, section 5 or 9, an order made under section 33.10 or 33.11, the operating hours fixed in accordance with section 34, the conditions or restrictions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every senior officer, director, employee or mandatary of that legal person who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1 or 45.2, whether or not the legal person has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5; 1996, c. 50, s. 13.

1993-12-02

46. Where a corporation is guilty of an offence against section 3 in respect of a product unfit for human consumption or deteriorated so that it is unfit for human consumption, section 5 or 9, an order made under section 33.10 or 33.11, the operating hours fixed in accordance with section 34, the conditions or restrictions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every officer, director, employee or agent of that corporation who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1 or 45.2, whether or not the corporation has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5.

1990-12-20

46. Where a corporation is guilty of an offence against section 3 in respect of a product unfit for human consumption or deteriorated so that it is unfit for human consumption, section 5 or 9, an order made under section 33.10 or 33.11, the operating hours fixed in accordance with section 34, the conditions or restrictions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every officer, director, employee or agent of that corporation who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided in sections 44 and 47, whether or not the corporation has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17.

1983-12-22

46. Where a corporation is guilty of an offence against section 5 or 9, the operating hours fixed in accordance with section 34, the conditions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every officer, director, employee or agent of that corporation who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided in sections 44 and 47, whether or not the corporation has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9.

1977-12-31

46. Where a corporation is guilty of an offence against sections 5, 9, the operating hours fixed in accordance with section 34, the conditions indicated in its permit or in the stamp regulations or the regulations on meat unfit for human consumption, every officer, director, employee or agent of that corporation who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in sections 44 and 47, whether or not the corporation has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14.