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Spring Economic Update 2026 Implementation Act (S.C. 2026, c. 22)

Assented to 2026-06-18

PART 3Various Measures (continued)

DIVISION 71997, c. 6Canadian Food Inspection Agency Act (continued)

1995, c. 40Consequential Amendment to the Agriculture and Agri-Food Administrative Monetary Penalties Act

 Paragraph (b) of the definition Minister in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

  • (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in section 11.2 of the Canadian Food Inspection Agency Act; (ministre)

DIVISION 82002, c. 28Pest Control Products Act

 Paragraph (b) of the definition conditions of registration in subsection 2(1) of the Pest Control Products Act is replaced by the following:

  • (b) any other requirements stated by this Act, the regulations or an order made under section 8.1 or 28.1 to be conditions of registration. (conditions d’homologation)

 Section 4 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Economic and food security

    (3) For the purposes of this Act, the Minister is to consider, as appropriate, national economic security, regional economic security or national food security. However, nothing in this subsection is to be construed as affecting the Minister’s primary objective under subsection (1).

 The Act is amended by adding the following after section 8:

Emergency Orders

Marginal note:Seriously detrimental infestation — amendment of registration

  • 8.1 (1) After the Minister has denied an application under subsection 8(4) to amend the registration of a pest control product to permit its use in the emergency control of a seriously detrimental infestation because the Minister does not consider that the environmental risks of the pest control product are acceptable, the Governor in Council may, by order, amend the registration of that product to permit that use in the emergency control of a seriously detrimental infestation if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

  • Marginal note:Seriously detrimental infestation — registration

    (2) After the Minister has denied an application under subsection 8(4) to register a pest control product to permit its use in the emergency control of a seriously detrimental infestation because the Minister does not consider that the environmental risks of the pest control product are acceptable, the Governor in Council may, by order, register that product to permit that use in the emergency control of a seriously detrimental infestation if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

  • Marginal note:Conditions

    (3) An order made under this section in respect of a pest control product may contain any conditions related to the product that the Governor in Council considers necessary, including conditions that

    • (a) relate to the manufacture, possession, handling, storage, transport, distribution, use or disposition of the product;

    • (b) require the registrant to compile information, conduct tests and monitor experience with respect to the product for the purpose of obtaining additional information with respect to its effects on the environment or with respect to its value, and to submit that additional information to the Minister within the time and in the form and manner specified in the order;

    • (c) require the registrant to compile information and monitor experience with respect to the product for the purpose of obtaining additional information as to any effect that the product’s registration has on national economic security, regional economic security or national food security, and to submit that additional information to the Minister within the time and in the form and manner specified in the order; and

    • (d) require the persons or classes of persons specified in the order to keep the records specified in the order, and to submit those records to the Minister within the time and in the form and manner specified in the order.

  • Marginal note:Duration of order

    (4) An order made under this section is in effect for the period specified in the order, which must not be for more than three years after the day on which the order comes into force. The Governor in Council may extend the period for a further period of not more than three years if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security, but the Governor in Council may do so only once.

Marginal note:Cessation of effect

  • 8.2 (1) Any amendments made to the registration of a pest control product by an order made under subsection 8.1(1) cease to have effect on the day on which the order expires or is repealed.

  • Marginal note:Period of registration

    (2) If a pest control product is registered by an order made under subsection 8.1(2), the registration is valid for the same period as the order is in effect.

  • Marginal note:Cancellation of registration by Minister

    (3) If the registration of a pest control product that is the subject of an order made under section 8.1 is cancelled by the Minister during the period for which the order is in effect, that order ceases to have effect on the date of the cancellation.

Marginal note:Restriction — international agreements

8.3 An order must not be made under section 8.1 if doing so would violate any international agreement binding on Canada.

Marginal note:Order to be made public

  • 8.4 (1) An order made under section 8.1 must be made public as soon as practicable.

  • Marginal note:Reasons

    (2) No later than 60 days after the order is made, reasons for making the order must also be made public.

Marginal note:Sunset provision

8.5 The Governor in Council is not authorized to make an order under section 8.1 in respect of a pest control product more than one year after the day on which the Minister has denied an application referred to in that section in respect of the product.

Marginal note:Non-application of Statutory Instruments Act

8.6 The Statutory Instruments Act does not apply in respect of an order made under section 8.1.

 Section 17 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Exceptions — environmental risks

    (1.1) Despite subsection (1),

    • (a) if an order has been made under section 8.1 in respect of a pest control product, a special review is not to be initiated by the Minister, during the period for which the order is in effect, with respect to the environmental risks of the product that the Minister, in a decision made under subsection 8(4) in respect of the product, has indicated they do not consider to be acceptable; and

    • (b) if an order has been made under section 28.1 in respect of a pest control product, a special review is not to be initiated by the Minister, during the period for which the order is in effect, with respect to the environmental risks of the product that the Minister, in a decision statement made public under subsection 28(5) in respect of the product, has indicated they do not consider to be acceptable.

 The portion of subsection 21(5) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Existing stocks

    (5) When cancelling the registration of a pest control product under this section or any other provision of this Act, or when an order made under subsection 8.1(2) or 28.1(2) expires or is repealed, the Minister may

    • (a) allow the continued possession, handling, storage, distribution and use of stocks of the product in Canada at the time of the cancellation, expiration or repeal, subject to any conditions, including disposal procedures, that the Minister considers necessary for carrying out the purposes of this Act;

 The Act is amended by adding the following after section 28:

Economic Security and Food Security Orders

Marginal note:Orders to amend registration of pest control product

  • 28.1 (1) After the Minister has made public under subsection 28(5) a decision statement relating to a re-evaluation or special review in respect of a pest control product that indicates that the product’s registration must be amended because the Minister does not consider that the environmental risks of the product are acceptable, the Governor in Council may, by order, amend the registration if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

  • Marginal note:Orders to reinstate registration of pest control product

    (2) After the Minister has made public under subsection 28(5) a decision statement relating to a re-evaluation or special review in respect of a pest control product that indicates that the product’s registration must be cancelled because the Minister does not consider that the environmental risks of the product are acceptable, the Governor in Council may, by order, reinstate or both reinstate and amend the registration if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

  • Marginal note:Conditions

    (3) An order made under this section in respect of a pest control product may contain any conditions related to the product that the Governor in Council considers necessary, including conditions that

    • (a) relate to the manufacture, possession, handling, storage, transport, distribution, use or disposition of the product;

    • (b) require the registrant to compile information, conduct tests and monitor experience with respect to the product for the purpose of obtaining additional information with respect to its effects on the environment or with respect to its value, and to submit that additional information to the Minister within the time and in the form and manner specified in the order;

    • (c) require the registrant to compile information and monitor experience with respect to the product for the purpose of obtaining additional information as to any effect that the product’s registration has on national economic security, regional economic security or national food security, and to submit that additional information to the Minister within the time and in the form and manner specified in the order; and

    • (d) require the persons or classes of persons specified in the order to keep the records specified in the order, and to submit those records to the Minister within the time and in the form and manner specified in the order.

  • Marginal note:Duration of order

    (4) An order made under this section is in effect for the period specified in the order, which must not be for more than three years after the day on which the order comes into force. The Governor in Council may extend the period for a further period of not more than three years if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security, but the Governor in Council may do so only once.

Marginal note:Cessation of effect

  • 28.2 (1) Any amendments made to the registration of a pest control product by an order made under subsection 28.1(1) cease to have effect on the day on which the order expires or is repealed.

  • Marginal note:Period of registration

    (2) The registration of a pest control product that is reinstated by an order made under subsection 28.1(2) is valid for the same period as the order is in effect.

  • Marginal note:Cancellation of registration by Minister

    (3) If the registration of a pest control product that is the subject of an order made under section 28.1 is cancelled by the Minister during the period for which the order is in effect, that order ceases to have effect on the date of the cancellation.

Marginal note:Notice of proposed order

  • 28.3 (1) At least 30 days before the day on which an order is made under section 28.1, a notice of the proposed order must be made public. The notice must include the name of the pest control product in respect of which the order will relate and the proposed duration of the order.

  • Marginal note:Order to be made public

    (2) An order made under section 28.1 must be made public.

Marginal note:Sunset provision

28.4 The Governor in Council is not authorized to make an order under section 28.1 in respect of a pest control product more than one year after the day on which the relevant decision statement relating to a re-evaluation or special review in respect of the product has been made public under subsection 28(5).

Marginal note:Non-application of Statutory Instruments Act

28.5 The Statutory Instruments Act does not apply in respect of an order made under section 28.1.

 Subsection 42(2) of the Act is amended by adding the following after paragraph (i):

  • (i.1) orders made under sections 8.1 and 28.1;

  •  (1) Subsection 67(1) of the Act is amended by adding the following after paragraph (b):

    • (b.1) defining “economic security”, “food security” and “seriously detrimental infestation” for the purposes of this Act;

  • (2) Subsection 67(1) of the Act is amended by adding the following after paragraph (f):

    • (f.01) respecting orders made under sections 8.1 and 28.1;

 The portion of section 69 of the Act before paragraph (a) is replaced by the following:

Marginal note:Contravention of regulations or conditions of order

69 Every person who contravenes a provision of the regulations, or a condition of an order made under section 8.1 or 28.1 that is not a condition of registration, is guilty of an offence and liable

 

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