An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)
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Assented to 2016-12-12
An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act
S.C. 2016, c. 9
Assented to 2016-12-12
An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act
SUMMARY
This enactment enables Canada to implement the Agreement on Trade Facilitation, which was done at Geneva by members of the World Trade Organization, including Canada, on November 27, 2014, as an amendment to Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization.
It amends the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act, to bring them into conformity with Canada’s obligations under the Agreement on Trade Facilitation.
It also makes related amendments to another Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. F-27Food and Drugs Act
Marginal note:1997, c. 6, s. 62
1 (1) The definitions analyst and inspector in section 2 of the Food and Drugs Act are replaced by the following:
- analyst
analyst means an individual designated as an analyst for the purposes of this Act under section 28 or under section 13 of the Canadian Food Inspection Agency Act; (analyste)
- inspector
inspector means an individual designated as an inspector for the purposes of this Act under subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act; (inspecteur)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- person
person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)
2 The portion of paragraph 16(a) of the French version of the Act before subparagraph (i) is replaced by the following:
a) contient une substance — ou en est recouvert — susceptible de nuire à la santé de l’individu qui en fait usage :
3 The heading of Part II of the French version of the Act is replaced by the following:
Exécution et contrôle d’application
4 Subsection 22(1) of the Act is replaced by the following:
Marginal note:Inspectors
22 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
5 Section 25 of the Act is replaced by the following:
Marginal note:Storage, movement and disposal
25 An inspector may, in respect of any article seized under this Part,
(a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;
(b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or
(c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if
Marginal note:1997, c. 6, s. 64
6 Sections 27 and 28 of the Act are replaced by the following:
Marginal note:Unclaimed seized articles
26.1 (1) An article seized under this Part is, at the election of the Minister or the Minister of Agriculture and Agri-Food, forfeited to Her Majesty in right of Canada if
(a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person entitled to possess it; or
(b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.
Marginal note:Disposal
(2) A seized article that is forfeited under subsection (1) may be disposed of, as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
Marginal note:Forfeiture with consent
27 (1) If an inspector has seized an article under this Part and its owner or the person having possession, care or control of it at the time of its seizure consents to its forfeiture, the article is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of the article at the time of its seizure.
Marginal note:Forfeiture — offence
(2) If a person has been convicted of a contravention of this Act or the regulations, the court or judge may, in addition to any punishment imposed, order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession, care or control of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the person who has been convicted.
Marginal note:Order for forfeiture on application of inspector
(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty in right of Canada, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which a provision of this Act or the regulations has been contravened. On the making of the order, the article or thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the owner of the article or the person having possession, care or control of it at the time of its seizure.
Removal, Forfeiture or Destruction of Unlawful Imports
Marginal note:Unlawful imports
27.1 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors:
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the food, drug, cosmetic or device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the food, drug, cosmetic or device and the person consents to its forfeiture, the food, drug, cosmetic or device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
Marginal note:Removal or destruction
27.2 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food, drug, cosmetic or device is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.
Marginal note:Notice
(2) The notice must be delivered personally to the owner or importer of the food, drug, cosmetic or device, or the person having possession, care or control of it, or sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method.
Marginal note:Forfeiture
(3) If the food, drug, cosmetic or device is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered or sent — it is, despite section 26, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.
Marginal note:Suspension of application of subsection (3)
(4) An inspector may, for the period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that
(a) the food, drug, cosmetic or device does not present a risk of injury to health;
(b) the food, drug, cosmetic or device will not be sold within that period;
(c) the measures that should have been taken for the food, drug, cosmetic or device not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and
(d) if the food, drug, cosmetic or device does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.
Marginal note:Cancellation
(5) An inspector may cancel the notice if the inspector is satisfied that
(a) the food, drug, cosmetic or device does not present a risk of injury to health;
(b) the food, drug, cosmetic or device has not been sold within the period referred to in subsection (6);
(c) the measures referred to in paragraph (4)(c) were taken within that period; and
(d) if the food, drug, cosmetic or device did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.
Marginal note:Period
(6) The period for the purposes of subsection (5) is
(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and
(b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered or sent.
Marginal note:Non-application of Statutory Instruments Act
(7) The Statutory Instruments Act does not apply to the notice.
Analysis
Marginal note:Analysts
28 The Minister may designate any individual as an analyst for the purposes of the administration and enforcement of this Act.
7 Section 29 of the Act is amended by adding the following after subsection (1):
Marginal note:Costs
(1.1) The analysis or examination of any article seized, or of any sample, shall be at the expense of
(a) in respect of an article seized or a sample taken from it, the owner of the article or the person having possession, care or control of the article at the time of its seizure; or
(b) in respect of a sample taken by the inspector, the owner of the article from which the sample was taken or the person having possession, care or control of it at the time the sample was taken.
8 (1) Paragraph 30(1)(d) of the Act is replaced by the following:
(d) respecting the importation of food, drugs, cosmetics and devices — including any importation that is solely for the purpose of export — in order to ensure compliance with the provisions of this Act and the regulations;
(2) Paragraph 30(1)(f) of the Act is replaced by the following:
(f) requiring persons who sell food, drugs, cosmetics or devices, or persons who import them solely for the purpose of export, to maintain any books and records that the Governor in Council considers necessary for the purposes of this Act;
(3) Paragraphs 30(1)(i) and (j) of the Act are replaced by the following:
(i) respecting the powers, duties and functions of inspectors and analysts and the taking of samples;
(i.1) respecting the seizure, detention, forfeiture and disposition of articles under this Act;
(j) exempting, with or without conditions, any food, drug, cosmetic, device, person or activity from all or any of the provisions of this Act or the regulations;
(4) Subsection 30(1) of the Act is amended by adding the following after paragraph (k):
(k.1) respecting the time and manner in which information, notices and documents are to be provided or served under this Act;
(5) Subsection 30(1) of the Act is amended by striking out “and” at the end of paragraph (q) and by adding the following after paragraph (r):
9 The Act is amended by adding the following after section 30.6:
Costs
Marginal note:Recovery
30.7 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or release of an article.
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
30.8 (1) Any debt that may be recovered under subsection 30.7(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
Marginal note:2014, c. 24, s. 8
10 The portion of section 31 of the Act before paragraph (a) is replaced by the following:
Marginal note:Contravention of Act or regulations
31 Subject to sections 31.1, 31.2 and 31.4, every person who contravenes any of the provisions of this Act or of the regulations, or fails to do anything the person was ordered to do by an inspector under section 25 or 27.2, is guilty of an offence and liable
Marginal note:1993, c. 34, s. 73; 2004, c. 23, s. 3
11 Section 37 of the Act is replaced by the following:
Marginal note:Conditions under which exports exempt
37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if
(a) it is manufactured or prepared in Canada;
(b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;
(c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and
(d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.
Marginal note:Exception — Act
(1.1) Despite subsection (1),
(a) section 4, subsection 5(1) and section 7 apply to any food;
(b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;
(c) sections 16 and 18 apply to any cosmetic; and
(d) section 19 and subsection 20(1) apply to any device.
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.
Marginal note:Exception — General Council Decision
(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.
12 The Act is amended by adding the following after section 37:
Marginal note:Conditions under which transhipment exempt
38 This Act does not apply to any packaged food, drug, cosmetic or device if
R.S., c. H-3Hazardous Products Act
13 Subsection 15(1) of the Hazardous Products Act is amended by adding the following after paragraph (l):
(l.1) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
Marginal note:R.S., c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 122
14 Subsection 21(1) of the Act is replaced by the following:
Marginal note:Inspectors and analysts
21 (1) The Minister may designate as an inspector or analyst for the purposes of the administration and enforcement of any provision of this Act and of the regulations any individual or class of individuals to exercise powers or perform duties or functions in relation to any matter referred to in the designation. However, if the individual is employed by a provincial government, or a public body established under an Act of the legislature of a province, the Minister may make the designation only after obtaining the approval of that government or public body.
15 The Act is amended by adding the following after section 26:
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
26.01 (1) An inspector who has reasonable grounds to believe that an imported hazardous product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or of the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the hazardous product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
16 Section 27 of the Act is amended by adding the following after paragraph (a.4):
(a.41) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
R.S., c. R-1Radiation Emitting Devices Act
17 (1) The definitions analyst, inspector and label in section 2 of the Radiation Emitting Devices Act are replaced by the following:
- analyst
analyst means an individual designated as an analyst under subsection 11(1); (analyste)
- inspector
inspector means an individual designated as an inspector under section 7; (inspecteur)
- label
label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a radiation emitting device or a package; (étiquette)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- person
person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)
18 The portion of paragraph 4(b) of the Act before subparagraph (i) is replaced by the following:
(b) creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
19 The portion of paragraph 6(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
20 The heading before section 7 of the Act is replaced by the following:
Administration and Enforcement
21 Subsection 7(1) of the Act is replaced by the following:
Marginal note:Inspectors
7 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
22 (1) Paragraphs 8(1)(a) and (b) of the French version of the Act are replaced by the following:
(2) Subsections 8(4) and (5) of the Act are replaced by the following:
Marginal note:Assistance to inspectors
(4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to exercise powers or perform duties and functions under this Act and shall furnish the inspector with any information he or she may reasonably require with respect to the administration of this Act.
Marginal note:Detention
(5) An inspector who takes away a radiation emitting device under paragraph (1)(a) or (b) shall no longer detain it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.
23 Subsection 9(1) of the Act is replaced by the following:
Marginal note:Obstruction and false statements
9 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in exercising powers or performing duties or functions under this Act.
24 Subsection 10(2) of the Act is replaced by the following:
Marginal note:Storage
(2) An inspector who seizes a radiation emitting device under subsection (1) may on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place.
Marginal note:Release
(3) An inspector who seizes a radiation emitting device under subsection (1) shall release it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.
25 Subsection 11(1) of the Act is replaced by the following:
Marginal note:Analysts
11 (1) The Minister may designate as an analyst for the purposes of this Act any individual who, in the Minister’s opinion, is qualified to be so designated.
26 Section 12 of the Act is replaced by the following:
Marginal note:Disposition with owner’s consent
12 (1) If the Minister has custody of a radiation emitting device, the Minister may, with the consent of and at the expense of its owner, dispose of the device as the Minister sees fit if it was
Marginal note:Owner’s consent deemed given
(2) If the Minister requests the owner of a device referred to in paragraph (1)(a) or (c) to repossess that device and the owner fails to repossess it within sixty days after receipt of the request, the owner shall be deemed to have given the consent referred to in subsection (1) in respect of that device.
27 The Act is amended by adding the following after section 12:
Forfeiture
Marginal note:Unclaimed radiation emitting devices
12.1 (1) A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if
(a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
(b) the owner or the person who is entitled to possess it does not claim it within 60 days after the day on which they are notified that the inspector has released the seized device.
Marginal note:Proceedings instituted
(2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized.
Marginal note:Disposition
(3) A seized device that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
12.2 (1) An inspector who has reasonable grounds to believe that an imported radiation emitting device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the device, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of the device, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the radiation emitting device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the radiation emitting device and the person consents to its forfeiture, the device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
Costs
Marginal note:Recovery
12.3 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the storage, movement or disposition of any radiation emitting device.
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
12.4 (1) Any debt that may be recovered under subsection 12.3(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
28 (1) Paragraph 13(1)(b) of the English version of the Act is replaced by the following:
(b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;
(2) Paragraph 13(1)(c) of the Act is replaced by the following:
(c) exempting, with or without conditions, any radiation emitting device or class of radiation emitting device, including devices imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations;
(3) Paragraph 13(1)(d) of the English version of the Act is replaced by the following:
(d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;
(4) Paragraph 13(1)(f) of the Act is replaced by the following:
(f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act;
(5) Paragraph 13(1)(h) of the Act is replaced by the following:
(h) respecting the powers, duties and functions of inspectors and analysts;
(h.1) respecting the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices;
(h.2) respecting the costs in relation to anything required or authorized under this Act;
(h.3) respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices;
(h.4) prescribing anything that by this Act is to be prescribed; and
29 Subsections 16(1) to (3) of the Act are replaced by the following:
Marginal note:Forfeiture on conviction
16 (1) If a person has been convicted of an offence under this Act, any radiation emitting device in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the forfeiture is directed by the court.
Marginal note:Forfeiture on application to judge
(2) Without prejudice to the operation of subsection (1), a judge of a superior court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on any notice to those persons as that judge directs, order that the device and anything of a similar nature found with it be forfeited to Her Majesty in right of Canada if the judge finds, after making any inquiry that the judge considers necessary, that the device is one by means of or in relation to which any of the provisions of this Act or the regulations were contravened.
Marginal note:Minister may dispose of forfeited goods
(3) Goods forfeited to Her Majesty in right of Canada under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4).
1999, c. 33Canadian Environmental Protection Act, 1999
30 Section 117 of the English version of the Canadian Environmental Protection Act, 1999 is replaced by the following:
Marginal note:Prohibition
117 No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product or conditioner.
31 Section 118 of the Act is amended by adding the following after subsection (1):
Marginal note:Exemption
(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations exempting a cleaning product or water conditioner from the application of section 117.
Marginal note:Class of cleaning product or water conditioner
(1.2) Regulations made under subsection (1) or (1.1) may distinguish among classes of cleaning products or water conditioners that they may establish on the basis of any factor, including
2002, c. 28Pest Control Products Act
32 (1) The first paragraph of the preamble to the Pest Control Products Act is replaced by the following:
WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of individuals in Canada and to the environment;
(2) The fifth and sixth paragraphs of the preamble to the Act are replaced by the following:
WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect individuals and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication;
WHEREAS it is in the national interest that the primary objective of the federal regulatory system be to prevent unacceptable risks to individuals and the environment from the use of pest control products,
(3) The ninth paragraph of the preamble to the Act is replaced by the following:
in assessing risks to individuals, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors,
(4) The fourteenth paragraph of the preamble to the English version of the Act is replaced by the following:
the provinces and territories and those persons whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to participate in the regulatory system in ways that are consistent with the attainment of its objectives, and
33 (1) The definitions analyst, inspector, label, manufacture, package, violation and workplace in subsection 2(1) of the Act are replaced by the following:
- analyst
analyst means an individual who is appointed or designated as an analyst under section 45. (analyste)
- inspector
inspector means an individual who is appointed or designated as an inspector under section 45. (inspecteur)
- label
label includes any written, printed or graphic matter
- manufacture
manufacture includes produce, formulate, package, label and prepare for distribution or use. (fabrication)
- package
package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. (emballage)
- violation
violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:
- workplace
workplace means a place where an individual works for remuneration. (lieu de travail)
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- document
document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)
- person
person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code. (personne)
34 Subsection 4(1) of the Act is replaced by the following:
Marginal note:Primary objective
4 (1) In the administration of this Act, the Minister’s primary objective is to prevent unacceptable risks to individuals and the environment from the use of pest control products.
35 (1) Subsections 6(1) to (4) of the Act are replaced by the following:
Marginal note:Unregistered pest control products
6 (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), section 48 or 51, any of sections 53 to 59 or the regulations.
Marginal note:Conditions of registration
(2) Except as otherwise authorized under section 53.3 or 54, no person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration.
Marginal note:Packaging and labelling
(3) Except as otherwise authorized under section 53, 53.3 or 54, no person shall store, import, export or distribute a pest control product that is not packaged and labelled in accordance with the regulations and, if it is registered, the conditions of registration.
(2) Subsections 6(6) and (7) of the Act are replaced by the following:
Marginal note:Packaging, labelling and advertisement
(7) No person shall package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.
(3) Section 6 of the Act is amended by adding the following after subsection (8):
Marginal note:Alteration, destruction or falsification — required documents
(8.1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.
Marginal note:Alteration, possession or use — official documents
(8.2) It is prohibited for a person to
Marginal note:Possession or use of documents that resemble official documents
(8.3) It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.
36 (1) Paragraph 8(1)(a) of the Act is replaced by the following:
(a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection (2), the conditions relating to its label;
(2) Subsection 8(3) of the Act is repealed.
(3) Section 8 of the Act is amended by adding the following after subsection (4):
Marginal note:Product safety information
(4.1) Subject to the regulations and as a condition of registration, the registrant of a pest control product shall,
(a) provide, in accordance with the regulations, to workplaces where the pest control product is manufactured, handled, stored or used, product safety information that complies with the prescribed requirements; or
(b) make available, in accordance with the regulations, to persons who manufacture, handle, store or use the pest control product, product safety information that complies with the prescribed requirements.
37 (1) The portion of subsection 33(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment — subsection (2)
(7) Every person who contravenes subsection (2) is guilty of an offence and liable
(2) Section 33 of the Act is amended by adding the following after subsection (7):
Marginal note:Offence and punishment — false or misleading information
(8) Every person who knowingly provides false or misleading information in connection with an authorization is guilty of an offence and liable
38 Subsection 35(3) of the Act is replaced by the following:
Marginal note:Establishment of review panel
(3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more individuals to review the decision and to recommend whether the decision should be confirmed, reversed or varied.
39 The Act is amended by adding the following after section 41:
Product Safety Information for Unregistered Products
Marginal note:Provision of safety information
41.1 A person who is authorized by the regulations to import an unregistered pest control product solely for the purpose of export or for a prescribed purpose and who imports such a product for that purpose shall provide, in accordance with the regulations, to workplaces where the pest control product is handled or stored, product safety information for the product that complies with the prescribed requirements.
40 Paragraph 44(1)(c) of the Act is replaced by the following:
(c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to an individual;
41 The heading “Enforcement” before section 45 of the Act is replaced by the following:
Administration and Enforcement
42 Subsection 45(2) of the Act is replaced by the following:
Marginal note:Designation of inspectors and analysts
(2) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors or analysts to exercise powers or perform duties or functions in relation to any matter referred to in the designation, but
(a) no individual 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 individual is employed; and
(b) no individual who is employed by the government of a province may be designated without the approval of that government.
43 Subsection 46(1) of the Act is replaced by the following:
Marginal note:Obstruction of inspectors
46 (1) No person shall resist or obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is exercising powers or performing duties or functions under this Act.
44 Subsection 47(3) of the Act is replaced by the following:
Marginal note:Protection of individual
(3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage an individual for having
(a) made a report under subsection (1);
(b) refused or stated an intention of refusing to do anything that the individual reasonably believed was or would be a contravention under this Act; or
(c) done or stated an intention of doing anything that the individual reasonably believed was required by or under this Act.
45 (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of inspectors
48 (1) For a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, an inspector may
(2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:
(c) order 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) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;
(d.1) examine or test, or take samples of, anything that is in the place being inspected;
(d.2) examine a document that is in the place being inspected, make copies of it or take extracts from it;
(d.3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;
(d.4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;
(d.5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;
(d.6) take photographs or make recordings or sketches;
(d.7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;
(d.8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;
(d.9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and
(3) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Persons accompanying inspector
(2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.
Marginal note:Entering private property
(3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)(a).
Marginal note:Offence and punishment
(4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)(c), (d), (d.3) or (d.7) is guilty of an offence and liable
46 (1) Paragraph 49(2)(b) of the Act is replaced by the following:
(b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and
(2) Section 49 of the Act is amended by adding the following after subsection (3):
Marginal note:Telewarrant
(4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.
47 Subsection 50(1) of the Act is replaced by the following:
Marginal note:Assistance to inspectors
50 (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 and any person found in the place shall
(a) give the inspector all reasonable assistance in their power to enable the inspector to exercise powers or perform duties or functions under the provisions of this Act or the regulations; and
(b) provide the inspector with any information relevant to the administration of the provisions of this Act or the regulations that the inspector may reasonably require.
48 Section 51 of the Act and the heading before it are replaced by the following:
Marginal note:Production of documents, information or samples
51 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.
Marginal note:Offence and punishment
(2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) is guilty of an offence and liable
49 Section 52 of the Act is replaced by the following:
Marginal note:Inspector may seize
52 An inspector may seize and detain any pest control product or other thing that the inspector has reasonable grounds to believe
50 The heading before section 53 of the Act is replaced by the following:
Dealing with Seized Things
51 (1) Subsections 53(1) and (2) of the Act are replaced by the following:
Marginal note:Storage, movement and disposition
53 (1) An inspector may, in respect of a pest control product or other thing seized under this Act,
(a) on notice to its owner or the person having possession, care or control of it at the time of its seizure or to the owner or person responsible for the place where it was seized, store it or move it at the expense of the person to whom the notice is given;
(b) order its owner or the person having possession, care or control of it at the time of its seizure or the owner or person responsible for the place where it was seized to store it or move it at the expense of the person being so ordered;
(c) if the pest control product or other thing is perishable, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given; or
(d) if the inspector is of the opinion that the pest control product or other thing endangers human health or safety or the environment and that its disposition is necessary to respond to the danger, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it, despite subsection 6(8), at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it, despite subsection 6(8), at the expense of the person to whom the notice is given.
Marginal note:Notice
(2) An order under paragraph (1)(c) or (d) shall be communicated by delivering a written notice to the owner or person and the notice
(2) The portion of subsection 53(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
(3) Every person who fails to do anything the person was ordered to do by an inspector under paragraph (1)(b), (c) or (d) is guilty of an offence and liable
(3) Subsection 53(4) of the Act is replaced by the following:
Marginal note:Interference with seized things
(4) Except with the authorization of an inspector, no person shall move, alter or interfere with a pest control product or other thing seized under this Act.
52 Sections 54 to 56 of the Act are replaced by the following:
Marginal note:Release of seized thing
53.1 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a pest control product or other thing seized under this Act have been complied with, the product or thing must be released.
Marginal note:Application for return
53.2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.
Marginal note:Order for return
(2) If the Review Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the pest control product or other thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.
Removal, Forfeiture or Destruction of Unlawful Imports
Marginal note:Unlawful imports
53.3 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner or importer or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the pest control product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
Marginal note:Removal or destruction of unlawful imports
54 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by written notice, whether the pest control product is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.
Marginal note:Forfeiture
(2) If the pest control product is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered — it is, despite section 53.1, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered.
Marginal note:Suspension of application of subsection (2)
(3) An inspector may, for the period specified by the inspector, suspend the application of subsection (2) if the inspector is satisfied that
(a) the pest control product does not endanger human health or safety or the environment;
(b) the pest control product will not be sold within that period;
(c) the measures that should have been taken for the pest control product not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and
(d) if the pest control product does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.
Marginal note:Cancellation
(4) An inspector may cancel the notice if the inspector is satisfied that
(a) the pest control product does not endanger human health or safety or the environment;
(b) the pest control product has not been sold within the period referred to in subsection (5);
(c) the measures referred to in paragraph (3)(c) were taken within that period; and
(d) if the pest control product did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.
Marginal note:Period
(5) The period for the purposes of subsection (4) is
(a) if the application of subsection (2) was suspended under subsection (3), the period of the suspension; and
(b) if the application of subsection (2) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered.
Marginal note:Offence and punishment
(6) Every person who fails to comply with an order in the notice is guilty of an offence and liable
Forfeiture
Marginal note:Unclaimed pest control products or other things
54.1 (1) A pest control product or other thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if
(a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
(b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.
Marginal note:Proceedings instituted
(2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized pest control product or other thing.
Marginal note:Disposition
(3) A seized pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
Marginal note:Forfeiture on consent
55 (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized under this Act by an inspector is forfeited to Her Majesty in right of Canada if the owner consents to its forfeiture. The pest control product or other thing that is forfeited may be disposed of, as the Minister directs, at the owner’s expense.
Marginal note:Forfeiture by court order
(2) If the Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.
Marginal note:Directions of Minister
(3) A pest control product or other thing that is forfeited under subsection (2) may be disposed of as the Minister directs, at the expense of,
Marginal note:Return of seized things
56 (1) A seized pest control product or other thing shall be returned to its owner or the person having possession, care or control of the product or thing at the time of its seizure if it has not been forfeited at the final conclusion of proceedings in respect of a violation or an offence under this Act.
Marginal note:Exception
(2) A seized pest control product or other thing may be
Marginal note:Forfeiture on application of inspector
56.1 (1) A judge of a superior court of the province in which a pest control product or other thing is seized under this Act may, on the application of an inspector, order that the pest control product or other thing be forfeited to Her Majesty in right of Canada.
Marginal note:Notice and inquiry
(2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the pest control product or other thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.
Marginal note:Disposition
(3) A pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
53 The heading before section 57 of the English version of the Act is replaced by the following:
Compliance Measures
54 (1) The portion of subsection 57(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspector may order measures
57 (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may order the person
(2) Subparagraph 57(1)(b)(ii) of the Act is replaced by the following:
(ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, labelling, distributing or using a registered pest control product in accordance with the conditions of registration.
(3) Subsection 57(2) of the English version of the Act is replaced by the following:
Marginal note:Validity period
(2) An order under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.
(4) Subsection 57(3) of the Act is replaced by the following:
Marginal note:Notice
(3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person having possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the order.
(5) Subsection 57(5) of the English version of the Act is replaced by the following:
Marginal note:Prosecutions
(5) An order under subsection (1) may be given whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the order may be confirmed, varied or rescinded by the court that tries the offence.
55 (1) Paragraphs 59(2)(a) and (b) of the Act are replaced by the following:
(a) order an owner or a person having possession, care or control of the pest control product or other thing to dispose of it or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;
(b) dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses, at the expense of its owner or the person having possession, care or control of the product or thing; or
(2) The portion of subsection 59(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice
(3) An order under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person having possession, care or control of the product or thing and the notice
56 The heading before section 60 of the English version of the Act is replaced by the following:
Review of Inspectors’ Orders
57 Subsection 62(1) of the Act is replaced by the following:
Marginal note:Method of delivery
62 (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by any method that provides proof of delivery or by any prescribed method.
58 Sections 63 and 64 of the Act are replaced by the following:
Marginal note:Recovery of fees
63 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any fee or charge that applies in relation to the administration of the provisions of this Act or the regulations.
Marginal note:Recovery of costs
64 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including
(a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, movement, seizure, detention, forfeiture, disposition or return of a pest control product or other thing;
(b) any enforcement or risk-control measures taken by the Minister or an inspector under this Act.
Marginal note:Time limit
64.1 Proceedings to recover a debt due to Her Majesty in right of Canada under this Act shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
64.2 (1) Any debt that may be recovered under section 63 or 64 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
59 (1) Paragraph 67(1)(o) of the English version of the Act is replaced by the following:
(o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposition of pest control products;
(2) Paragraphs 67(1)(r) and (s) of the Act are replaced by the following:
(3) Paragraph 67(1)(x) of the Act is replaced by the following:
(x) respecting the preservation, detention and forfeiture of pest control products and any other things seized by an inspector;
(4) Paragraphs 67(1)(z.3) and (z.4) of the Act are replaced by the following:
(z.21) establishing classes of pest control products and any categories and subcategories of those classes;
(z.3) respecting the implementation, in relation to pest control products, of international agreements that affect those products;
(z.4) exempting persons, activities or pest control products, including products that are imported solely for the purpose of export, 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; and
(5) Section 67 of the Act is amended by adding the following after subsection (2):
Marginal note:Jointly produced documents
(2.1) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.
Marginal note:Internally produced standards
(2.2) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including
Marginal note:Scope of incorporation
(2.3) Documents may be incorporated by reference as they exist on a particular date or as they are amended from time to time.
60 The Act is amended by adding the following after section 69:
Marginal note:Due diligence
69.1 A person is not to be found guilty of an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — if they establish that they exercised all due diligence to prevent the commission of the offence.
61 The portion of section 71 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
71 In a prosecution for an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that
Marginal note:Terminology
62 The English version of the Act is amended by replacing “requirement” with “order”, with any necessary grammatical modifications that the circumstances require, in the following provisions:
(a) the portion of subsection 57(4) before paragraph (a);
(b) paragraph 59(3)(a) and the portion of subsection 59(4) before paragraph (a);
(c) subsections 60(1), (5), (8) and (10), the portion of subsection 60(12) before paragraph (a) and subsection 60(13); and
(d) section 61.
2010, c. 21Canada Consumer Product Safety Act
63 Subsection 19(2) of the Canada Consumer Product Safety Act is replaced by the following:
Marginal note:Designation
(2) For the purposes of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
64 Paragraph 26(1)(a) of the Act is replaced by the following:
(a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
65 The Act is amended by adding the following after section 28:
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
28.1 (1) An inspector who has reasonable grounds to believe that an imported consumer product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner, importer or the person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner, importer or person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner, importer or person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner, importer or person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the consumer product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
66 The Act is amended by adding the following after section 36:
Costs
Marginal note:Recovery
36.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
36.2 (1) Any debt that may be recovered under subsection 36.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
67 Subsection 37(1) of the Act is amended by striking out “and” after paragraph (o) and by adding the following after that paragraph:
Transitional Provisions
Marginal note:Section 54 of Pest Control Products Act
68 Section 54 of the Pest Control Products Act, as it read immediately before the day on which section 52 of this Act comes into force, continues to apply to a pest control product seized under the Pest Control Products Act before that day.
Marginal note:Sections 60 and 61 of Pest Control Products Act
69 Sections 60 and 61 of the Pest Control Products Act, as they read immediately before the day on which section 62 of this Act comes into force, continue to apply to a requirement in respect of which a notice has been delivered under subsection 53(2), 57(3) or 59(3) of the Pest Control Products Act, as it read immediately before that day.
1995, c. 40Related Amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Act
70 Subparagraph 4(1)(a)(iii) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or the Pest Control Products Act;
71 Paragraph 7(1)(c) of the English version of the Act is replaced by the following:
(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act or the Pest Control Products Act
Coordinating Amendments
Marginal note:2012, c. 24
72 (1) In this section, other Act means the Safe Food for Canadians Act.
(2) On the first day on which both section 52 of this Act and section 78 of the other Act are in force, subsection 53.2(1) of the Pest Control Products Act is replaced by the following:
Marginal note:Application for return
53.2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.
(3) On the first day on which both section 52 of this Act and section 106 of the other Act are in force, subsection 55(2) of the Pest Control Products Act is replaced by the following:
Marginal note:Forfeiture by court order
(2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.
(4) On the first day on which both section 70 of this Act and section 99 of the other Act are in force, subparagraph 4(1)(a)(iii) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;
(5) On the first day on which both section 71 of this Act and section 100 of the other Act are in force, paragraph 7(1)(c) of the English version of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act
Coming into Force
Marginal note:Order in council
73 (1) Section 12 comes into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Subsections 36(2) and (3) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Section 39 comes into force on a day to be fixed by order of the Governor in Council.
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