Pesticide Residue Compensation Act (R.S.C., 1985, c. P-10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Pesticide Residue Compensation Act.

Interpretation

Marginal note:Definitions

2 In this Act,

farmer

farmer means a producer of primary agricultural products for sale; (agriculteur)

inspector

inspector means a person designated as an inspector pursuant to section 6; (inspecteur)

Minister

 Minister means the Minister of Health; (ministre)

pesticide residue

pesticide residue means the residue of any pesticide or degradation product thereof. (résidus de pesticide)

PART IPesticide Residue Compensation

Compensation

Marginal note:Conditions for compensation

• 3 (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • (a) an inspection of that product made under the Food and Drugs Act has disclosed the presence of pesticide residue in or on the product and, as a result, the sale of the product would be contrary to that Act or the regulations made under it;

  • (b) the pesticide used is a pest control product registered under the Pest Control Products Act or is deemed by any other Act of Parliament to be registered under that Act;

  • (c) in the opinion of the Minister, the pesticide was used in accordance with recommendations made by the department of agriculture of any province and approved by the Minister, or in accordance with practices recommended, directed or concurred in by the Minister; and

  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, the farmer’s employee, agent or mandatary or of a previous owner of the land on which the product was grown, or that previous owner’s employee, agent or mandatary.

• Marginal note:Maximum amount of compensation

  (2) The compensation that may be paid to a farmer pursuant to subsection (1) in respect of any loss shall not exceed the maximum prescribed by the regulations.

• Marginal note:Minimum loss eligible for compensation

  (3) No compensation shall be paid to a farmer pursuant to subsection (1) in respect of a loss that is less than the minimum amount of loss prescribed by the regulations.

Marginal note:Regulations

4 The Governor in Council may make regulations

• (a) prescribing the procedures to be followed in claiming compensation;

• (b) prescribing the maximum amount of compensation that may be paid to a farmer in respect of any loss;

• (c) prescribing the methods to be used in determining the eligibility of a farmer for compensation, the amount of loss suffered by a farmer and the amount of compensation to be paid in respect of any loss;

• (d) prescribing the minimum amount of loss in respect of which compensation may be paid under this Act;

• (e) prescribing the terms and conditions for the payment of compensation under this Act;

• (f) excluding any agricultural product or any person or any class of products or persons from the operation of this Act, and prescribing the conditions of exclusion;

• (g) prescribing the courses of action that may be undertaken or the amounts that may be paid by the Minister to reduce any loss occasioned by pesticide residue; and

• (h) generally, for carrying out the purposes and provisions of this Act.

Marginal note:Action by farmer

• 5 (1) No payment of compensation shall be made to a farmer under this Act in respect of a loss suffered by the farmer by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister considers necessary

  • (a) to reduce the loss suffered by the farmer by reason of that pesticide residue; and

  • (b) to pursue any legal action that the farmer may have against

    • (i) the manufacturer of the pesticide causing the residue in or on the product, or

    • (ii) every person responsible for the presence of the pesticide residue in or on the product.

• Marginal note:Legal action by Minister

  (2) Where he deems it necessary, the Minister may require, as a condition for the payment of any compensation to a farmer under this Act, the consent of that farmer for the Minister to pursue on his behalf any legal action against any manufacturer or person referred to in paragraph (1)(b).

• Marginal note:Amount of compensation

  (3) The Minister shall, in paying compensation, take into account any amounts realized by the farmer as a result of any steps taken pursuant to subsection (1) or as a result of any legal action taken on behalf of the farmer pursuant to subsection (2).

• Marginal note:Notification to Minister

  (4) Where a farmer realizes any amount from the disposition or use of any product or property in respect of which compensation may be or has been paid pursuant to this Act, he shall forthwith notify the Minister of the amounts so received and, if he has been paid any compensation by the Minister, shall repay to the Minister such compensation payment or part thereof as the Minister may direct.

• Marginal note:Recovery of overpayment

  (5) Where, for any reason, a farmer has been paid any compensation under this Act to which he is not entitled or compensation in an amount in excess of the compensation to which he is entitled, the amount thereof or the excess amount, as the case may be, may be recovered at any time as a debt due to Her Majesty.

• Marginal note:Action by Minister to reduce loss

  (6) Subject to regulations made under paragraph 4(g), the Minister may, with respect to any loss in respect of which compensation may be paid under this Act, undertake such course of action or pay such amount as he deems necessary to reduce that loss.

• Marginal note:Compensation not to affect other legal rights

  (7) Except as provided by this Act, no compensation paid under this Act affects the right of an aggrieved person to any legal remedy to which that person may be entitled.

Enforcement

Marginal note:Inspectors

6 The Minister may designate any qualified person as an inspector for the purposes of this Act.

Marginal note:Powers of inspectors

• 7 (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place or premises in which the inspector believes on reasonable grounds there is any agricultural product, pesticide or thing that will enable the inspector to carry out any investigation that may be required by the Minister for the purposes of paragraph 3(1)(d), and may open any container or package found therein that the inspector has reason to believe will assist in the investigation, and take samples thereof.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any place or premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Inspection and copying of documents

  (2) An inspector may require any person in a place or premises entered pursuant to subsection (1) to produce for inspection or for the purpose of obtaining copies or extracts, any books, shipping bills, bills of lading, documents containing mixing instructions, or other documents or papers concerning any matter relevant to the administration of this Act or the regulations.

• Marginal note:Certificate to be produced

  (3) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place or premises referred to in subsection (1) an inspector shall, if so required, produce the certificate to the person in charge thereof.

• Marginal note:Assistance to inspectors

  (4) The owner or person in charge of any place or premises referred to in subsection (1) and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

Marginal note:Obstruction of inspectors

8 No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

Marginal note:False statements

9 No person shall knowingly make a false or misleading statement either orally or in writing in any claim or statement required or permitted by this Act or make any such claim or statement that by reason of any non-disclosure of facts is false or misleading.

Offences and Punishment

Marginal note:Contravention of Act

10 Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of

• (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) an offence punishable on summary conviction.

Marginal note:Offence by employee, or agent or mandatary

11 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a 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 the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

Marginal note:Limitation period

12 No proceedings by way of summary conviction in respect of an offence under this Act shall be instituted more than one year after the time when the subject-matter of the proceedings arose.

Marginal note:Venue

13 A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the subject-matter of the complaint or information did not arise in that territorial jurisdiction.

PART IICompensation Appeals

Assessor

Marginal note:Assessor and Deputy Assessors

• 14 (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and the number of Deputy Assessors that the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

• Marginal note:Acting assessor

  (2) The Governor in Council may appoint from among the judges referred to in subsection (1) an acting assessor, who shall act in the place of the Assessor in the event of his absence or incapacity.

• Marginal note:Deputy Assessor

  (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part.

• Marginal note:Idem

  (4) In sections 16 and 17, the term “Assessor” includes a Deputy Assessor.

Marginal note:Appeals

• 15 (1) An appeal may be brought to the Assessor by a farmer referred to in subsection 3(1) where the compensation awarded to the farmer is less than the maximum compensation prescribed under this Act or where no compensation is awarded to the farmer, on the ground that the amount of compensation awarded or the failure to award compensation was unreasonable.

• Marginal note:Time limit for bringing appeals

  (2) An appeal to the Assessor shall be brought within three months from the date the farmer receives notification of the decision or the compensation that is the subject of the appeal or within such longer period as the Assessor may in any case for special reasons allow.

Marginal note:Powers of Assessor

• 16 (1) On the hearing of an appeal brought pursuant to this Part, the Assessor may

  • (a) confirm the decision of the Minister;

  • (b) subject to any maximum amount of compensation prescribed pursuant to this Act and applicable to the loss in respect of which the appeal is brought, vary the decision of the Minister; or

  • (c) refer the matter back to the Minister for such further action as the Assessor may direct.

• Marginal note:Costs

  (2) In any proceedings under this Part costs may be awarded to or against the Minister.

• Marginal note:Decisions final

  (3) The decision of the Assessor on any appeal brought pursuant to this Part is final and conclusive and not subject to appeal to or review by any court.

Marginal note:Sittings and hearings

• 17 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for sittings and hearings as may be required.

• Marginal note:Expenses

  (2) The Assessor is entitled to be paid travel allowances in accordance with section 34 of the Judges Act.

Marginal note:Procedure

18 The Governor in Council may make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Governor in Council deems necessary to enable the Assessor to discharge the Assessor’s duties under this Act.

Marginal note:Registrar

19 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.