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)

53 The heading before section 57 of the English version of the Act is replaced by the following:

• 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with an offence relating to the contravention, but if the person is charged, the order may be confirmed, varied or rescinded by the court that tries the offence.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:

57 Subsection 62(1) of the Act is replaced by the following:

58 Sections 63 and 64 of the Act are replaced by the following:

• 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:

  • (r) respecting the packaging, labelling and advertising of pest control products;

  • (s) respecting pest control product safety information, including information related to product safety data sheets;

• (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

    • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

    • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

  • 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.