Marginal note:Application for court order
61. If a person fails to comply with a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3), the Minister may apply to the Federal Court or any other court of competent jurisdiction for an order requiring the person to comply with the notice or authorizing an inspector to take any measures the court considers necessary to ensure compliance with the notice.
DELIVERY OF DOCUMENTS
Marginal note:Method of delivery
62. (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by certified or registered mail or any other method that provides proof of delivery.
Marginal note:Representative in Canada
(2) An applicant for registration of a pest control product or a registrant, who does not reside in Canada, shall
(a) designate a representative who resides in Canada to whom correspondence and any notices or documents referred to in subsection (1) can be sent; and
(b) inform the Minister in writing of the designation.
(3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the applicant or registrant who designated the representative.
Marginal note:Requirement to communicate through designated representative
(4) The Minister may require an applicant or registrant referred to in subsection (2) to conduct any communications with the Minister through the designated representative of the applicant or registrant.
Marginal note:Refusal of communications
(5) Despite any other provision of this Act, the Minister may refuse to receive or act on any communication that is not made in compliance with a requirement made by the Minister under subsection (4).
Marginal note:Statutory Instruments Act does not apply
(6) For greater certainty, the Statutory Instruments Act does not apply in respect of notices or other documents delivered under this Act.
FEES, CHARGES AND COSTS
Marginal note:Recovery of fees
63. Her Majesty in right of Canada may recover any fee or charge that applies in relation to the administration of this Act or the regulations.
Marginal note:Charges and costs for inspections, etc.
64. (1) Her Majesty in right of Canada may recover from any person referred to in subsection (2) any charges under this Act and any costs incurred by Her Majesty in relation to the administration of this Act or the regulations, including
(a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, removal, disposal or return of a pest control product or other thing, required or authorized by this Act or the regulations;
(b) the seizure, detention, forfeiture or disposal of a pest control product or other thing under this Act or the regulations; and
(c) any enforcement or risk-control measures taken by the Minister or an inspector under this Act or the regulations.
Marginal note:Persons liable
(2) The following persons are jointly and severally liable or solidarily liable for the charges and costs relating to an action or measure referred to in subsection (1):
(a) in the case of an action or measure in respect of a place, the owner and the occupier of that place; and
(b) in the case of an action or measure in respect of a pest control product or other thing, the owner of that product or thing and the person who, immediately before the action or measure was taken, had the possession, care or control of that pest control product or thing.
LIMITATION ON LIABILITY
Marginal note:Her Majesty not liable
65. If a person must, by or under this Act or the regulations, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable for any costs, loss or damage resulting from the compliance or to pay any fee, rent or other charge for what is done, provided, maintained or permitted.
COMPENSATION FOR USE OF INFORMATION
Marginal note:Agreements to determine compensation
66. (1) The Minister shall determine the terms and conditions of agreements to be entered into by applicants and registrants for the purposes of determining compensation payable for the right to use or rely on information provided by registrants to the Minister under this Act.
Marginal note:Negotiation and arbitration
(2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations made under paragraph 67(1)(h).
Marginal note:Commercial Arbitration Act applies
(3) Subject to this section, the Commercial Arbitration Act applies to an arbitration for the purposes of this section and the regulations.
(4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3).
(5) Regulations made by the Minister of Justice under section 9 of the Commercial Arbitration Act apply to an arbitration referred to in subsection (3) unless the parties otherwise agree.
Marginal note:Regulations — Governor in Council
67. (1) The Governor in Council may make regulations
(a) prescribing policies of the Government of Canada that are consistent with the objectives of this Act for the purposes of the definition “government policy” in section 2;
(b) prescribing the nomenclature of pests and pest control products for the purposes of this Act;
(c) respecting the information and other things that must accompany an application made under section 7 or 10;
(d) respecting standards of laboratory practice to be used in conducting tests to obtain information about pest control products, certification of compliance with those standards, inspection and audit of compliance and the consequences of a failure to comply;
(e) respecting the evaluation of the health or environmental risks or the value of pest control products;
(f) respecting the registration of pest control products, including the types of registration for classes of products, and, for each type,
(i) the criteria and characteristics, and
(ii) the period or maximum period for which the registration is valid, which periods may be either finite or indefinite;
(f.1) respecting minor uses of a pest control product and defining “minor use” for the purposes of this Act and the regulations;
(g) stating which requirements of the regulations are conditions of registration;
(h) respecting the circumstances and conditions under which information provided to the Minister by registrants may be used or relied upon in relation to applications or registrations of other persons, including distinctions among the rights of registrants based on the purposes for which the information was provided to the Minister;
(i) respecting the Pest Control Products Export Control List, authorizations to export pest control products and the amendment, suspension and cancellation of authorizations;
(j) respecting review panels, including their establishment, the selection and remuneration of panel members and the travel and living expenses to which they are entitled;
(k) respecting authorizations to use unregistered pest control products for specific purposes and the amendment, suspension and cancellation of authorizations;
(l) respecting the Register, including information that is to be included in the Register and public access to the information;
(m) respecting the public disclosure of confidential test data;
(n) prescribing information that is to be excluded in whole or in part from the application of subsection 43(5);
(o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposal of pest control products;
(p) prescribing standards for pest control products, including standards relating to their form and composition;
(q) respecting the measures to be taken to facilitate the recognition of pest control products by a change in colouration or other means;
(r) respecting the packaging and advertising of pest control products;
(s) respecting the provision of product safety information;
(t) respecting the keeping of records by registrants, manufacturers, importers, exporters, distributors and users of pest control products in relation to the products that they manufacture, store, import, export, distribute, use or dispose of and the requirements for making those records available to the Minister;
(u) respecting the recording by registrants of information on sales of pest control products, the retention and reporting to the Minister of such information by registrants and former registrants and the use of such information by the Minister;
(v) respecting the taking of samples and the conduct of analyses for the purposes of this Act;
(w) respecting the inspection and operation of establishments in which registered pest control products are manufactured;
(x) respecting the preservation and detention of pest control products and any other things seized by an inspector;
(y) respecting the destruction or disposition of pest control products or any other thing forfeited or authorized to be disposed of under this Act;
(z) respecting reviews under section 60;
(z.1) respecting the delivery or transmission of documents under this Act, including the transmission of documents in electronic form;
(z.2) respecting fees and charges in relation to the administration of this Act or the regulations;
(z.3) for the purpose of implementing, in relation to pest control products, international agreements that affect those products;
(z.4) exempting pest control products, persons or activities from the application of all or any of the provisions of this Act or the regulations, and prescribing the conditions under which they are exempt
(i) for the purpose of facilitating scientific research or dealing with emergency situations, or
(ii) if the Governor in Council is satisfied that the exempted products, persons or activities are sufficiently regulated under another Act or that the purposes of this Act can be met without applying the provision; and
(z.5) prescribing anything that by this Act is to be prescribed and generally for carrying out the purposes and provisions of this Act.
Marginal note:Incorporation by reference
(2) For greater certainty, regulations made under paragraph (1)(d) or (p) that incorporate a standard by reference may incorporate the standard as amended to a certain date or from time to time.
Marginal note:Regulations re NAFTA and WTO Agreement
(3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council deems necessary for the purpose of implementing, in relation to pest control products, Article 1711 of the North American Free Trade Agreement or Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.
(4) The definitions in this subsection apply in subsection (3).
“North American Free Trade Agreement”
« Accord de libre-échange nord-américain »
“North American Free Trade Agreement” has the same meaning as “Agreement” in subsection 2(1) of the North American Free Trade Agreement Implementation Act.
« Accord sur l’OMC »
“WTO Agreement” has the same meaning as “Agreement” in subsection 2(1) of the World Trade Organization Agreement Implementation Act.
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