P-29, r. 4 - Regulation respecting the reimbursement of the costs of permanent inspection

Updated to 1 January 2013

This document has official status.

chapter P-29, r. 4

Regulation respecting the reimbursement of the costs of permanent inspection

Food Products Act

(chapter P-29, s. 40).

The costs prescribed in the Regulation have been indexed as of 1 January 2013 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 8 December 2012, page 1435. (s. 2)

1. Definitions: In this Regulation, unless the context indicates otherwise,

(a)  “operator” means the authorized operator referred to in paragraph i of section 1.1.1 of the Regulation respecting food (chapter P-29, r. 1);

(b)  “inspector” means an inspector referred to in paragraph d of section 1.1.1 of the Regulation respecting food;

(c)  “statutory holiday” means New Year’s Day, the day following New Year’s Day, Good Friday, Easter Monday, Patriots’ Day, the National Holiday, Canada Day, Labour Day, Thanksgiving Day, the day before Christmas, Christmas Day, Boxing Day and the day before New Year’s Day;

(d)  “Minister” means the Minister of Agriculture, Fisheries and Food.

R.R.Q., 1981, c. P-29, r. 5, s. 1; O.C. 477-2010, s. 24.

2. Reimbursement: For permanent inspection of operations or of animals or meat products in an operator’s establishment, the operator must reimburse the Government $49 per inspector for each hour or $12 per quarter hour of inspection carried out:

(a)  in excess of 8 hours a day by the same inspector; or

(b)  on Saturday, Sunday or a statutory holiday.

Where a statutory holiday is on a Saturday or Sunday and the inspector, as a public servant within the meaning of the Public Service Act (chapter F-3.1.1), is entitled to a compensatory holiday that must be taken on another day, the operator must, for that compensatory holiday, effect the reimbursement prescribed in the first paragraph for the statutory holiday thus compensated for.

The amounts provided for in the first paragraph shall be increased on 1 January of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the period ending on 30 September of the preceding year, as determined by Statistics Canada. The amounts shall be reduced to the nearest dollar where they contain a fraction less than $0.50; they shall be increased to the nearest dollar where they contain a fraction equal to or greater than $0.50.

The Minister shall inform the public, through the Gazette officielle du Québec or by such other means as the Minister may consider appropriate, of the indexation calculated under this section.

R.R.Q., 1981, c. P-29, r. 5, s. 2; O.C. 601-83, ss. 1 and 2; O.C. 376-89, s. 1; O.C. 1603-91, s. 1.

3. Terms and conditions: The operator must record the time of inspection referred to in section 2 and send the Minister a weekly report of the times.

R.R.Q., 1981, c. P-29, r. 5, s. 3.

4. The operator must repay the amount referred to in section 2 upon receiving the monthly statement of account sent to him by the Minister after verification of each weekly report referred to in section 3.

The repayment is made by cheque sent to the Minister made out to the order of the Minister of Finance.

R.R.Q., 1981, c. P-29, r. 5, s. 4.

REFERENCES

R.R.Q., 1981, c. P-29, r. 5

O.C. 601-83, 1983 G.O. 2, 1455

O.C. 376-89, 1989 G.O. 2, 1530

O.C. 1603-91, 1991 G.O. 2, 4729

O.C. 477-2010, 2010 G.O. 2, 1529