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

Act current to 2014-09-01 and last amended on 2006-06-28. Previous Versions

Marginal note:Contravention of regulations

 Every person who contravenes a provision of the regulations 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; and

  • (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.

Related Provisions

Marginal note:Officers, etc., of corporations
  •  (1) If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Duty to ensure compliance

    (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes subsection (2) 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.

Marginal note:Offence by employee or agent

 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 agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that

  • (a) the offence was committed without the knowledge or consent of the accused; and

  • (b) the accused exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Marginal note:Limitation period
  •  (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister became aware of the subject-matter of the proceedings.

  • Marginal note:Minister’s certificate

    (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceedings, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.