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In force2020 Revised Edition

Part 11 · Presumptions and Other Evidentiary Provisions for Purposes of Enforcement of Act

57. Evidence of analyst

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(1)

Subject to subsection (2), the certificate of an analyst stating that he or she has tested, examined or analysed any health product, active ingredient or other substance or thing and stating the result of his or her test, examination or analysis is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the test, examination or analysis.

(2)

The certificate of an analyst mentioned in subsection (1) must not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

(3)

Where the certificate of an analyst is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.

(4)

For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is deemed, unless the contrary is proved, to be such a certificate.

Report

Part 12

Offences and Prosecution

Part 13

Miscellaneous

Part 14

Regulation of Supply and Use of Health Products and Active Ingredients for Veterinary Purposes

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