Pest Control Products Act (S.C. 2002, c. 28)

Act current to 2014-11-11 and last amended on 2006-06-28. Previous Versions

Marginal note:No automatic suspension of decisions

 The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved.

Marginal note:Withdrawal of notice of objection

 The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them.

Marginal note:Report
  •  (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them.

  • Marginal note:Register

    (2) The Minister shall place the review panel’s report in the Register.

Marginal note:Confirmation, reversal or variation of decision
  •  (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable.

  • Marginal note:Public notice of decision

    (2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest.

Marginal note:False or misleading tests or information
  •  (1) Every person is guilty of an offence if they

    • (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or

    • (b) falsely claim to have conducted a test relating to the health or environmental risks or value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

AUTHORIZATION TO USE UNREGISTERED PRODUCT

Marginal note:Authorization
  •  (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose.

  • Marginal note:Conditions

    (2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks.

  • Marginal note:Suspension

    (3) The Minister shall suspend an authorization if the Minister has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met or that the continuance of the authorization poses unacceptable health or environmental risks.

  • Marginal note:Representations

    (4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations.

  • Marginal note:Decision

    (5) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

  • Marginal note:Offence and punishment

    (6) Every person who fails to comply with the conditions of an authorization issued under this section is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.