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

Assented to 2002-12-12

ENFORCEMENT

Inspectors and Analysts

Marginal note:Appointment
  •  (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act.

  • Marginal note:Designation of inspectors and analysts

    (2) For the purposes of this Act, the Minister may designate qualified persons, either individually or as a class, to act as inspectors or analysts in relation to any matter referred to in the designation, but

    • (a) no person who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the person is employed; and

    • (b) no person who is employed by the government of a province may be designated without the approval of that government.

  • Marginal note:Inspector’s certificate of designation

    (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

Marginal note:Obstruction of inspectors
  •  (1) No person shall resist or wilfully obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is carrying out duties or functions under this Act.

  • Marginal note:Inspection of records

    (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes 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.

Voluntary Reports

Marginal note:Report of contravention
  •  (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector.

  • Marginal note:Confidentiality

    (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing.

  • Marginal note:Protection of person

    (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

    • (a) made a report under subsection (1);

    • (b) refused or stated an intention of refusing to do anything that the person reasonably believed was or would be a contravention under this Act; or

    • (c) done or stated an intention of doing anything that the person reasonably believed was required by or under this Act.

  • Marginal note:Offence and punishment

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

Inspections

Marginal note:Powers of inspectors
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may

    • (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

    • (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

    • (c) require any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;

    • (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains information relevant to the administration of this Act or the regulations; and

    • (e) conduct any tests or analyses or take any measurements.

  • Marginal note:Operation of data processing systems and copying equipment

    (2) In conducting an inspection at a place, an inspector may

    • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

    • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

Marginal note:Warrant required to enter dwelling-place
  •  (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

  • Marginal note:Authority to issue warrant

    (2) If on ex parte application a justice is satisfied by information on oath that

    • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

    • (b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act or the regulations, and

    • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

    the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Assistance to inspectors
  •  (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 or under a warrant issued under section 487 of the Criminal Code and any person found in the place shall

    • (a) give the inspector all reasonable assistance in their power to enable the inspector to perform duties and functions under this Act or the regulations; and

    • (b) provide the inspector with any information relevant to the administration of this Act or the regulations that the inspector may reasonably require.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes subsection (1) 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.

Searches

Marginal note:When warrant not necessary
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.

  • Marginal note:Additional powers during search

    (2) In conducting a search under subsection (1) or under section 487 of the Criminal Code, an inspector may exercise the powers described in section 48.

Seizures

Marginal note:Inspector may seize
  •  (1) An inspector conducting an inspection under section 48, 49 or 51 may seize and detain any pest control product or other thing if he or she has reasonable grounds to believe that

    • (a) it was involved in a contravention of this Act or the regulations; or

    • (b) it will afford evidence in respect of a contravention of this Act or the regulations.

  • Marginal note:Communicate reasons

    (2) After seizing a pest control product or other thing, the inspector shall, as soon as practicable, take any measures that are necessary in the circumstances to advise the owner or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, of the reason for the seizure and the place where the product is being stored.

Disposition of Things Seized

Marginal note:Storage and removal
  •  (1) An inspector or any person designated by an inspector may

    • (a) store a seized pest control product or other thing at the place where it was seized or remove it to another place for storage; or

    • (b) require the owner of the product or other thing or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, to remove the product to any other place for storage.

  • Marginal note:Notice

    (2) A requirement under paragraph (1)(b) shall be communicated by delivering a written notice to the owner or person and the notice

    • (a) must include a statement of the reasons for the requirement; and

    • (b) may specify the period within which and the manner in which the pest control product or other thing is to be removed and stored.

  • Marginal note:Offence and punishment

    (3) Every person who fails to comply with a requirement in a notice delivered under 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:Interference with seized things

    (4) Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a pest control product or other thing seized and detained by an inspector under this Act.

  • Marginal note:Offence and punishment

    (5) Every person who contravenes subsection (4) 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.

 
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