Pest Control Products Act (S.C. 2002, c. 28)

Review of Inspectors’ Orders

Marginal note:Request for review

• 60 (1) Subject to this section, an order in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3) shall be reviewed on the written request of the person to whom the notice was delivered.

• Marginal note:Contents of and time for making request

  (2) A request under subsection (1) shall state the grounds for the request and the decision that is requested and must be delivered to the Minister within 10 days after the date on which the notice referred to in that subsection was delivered to the person who made the request.

• Marginal note:Reviewer

  (3) A review requested under subsection (1) may be conducted by the inspector who delivered the notice or by any other inspector or official to whom the review is assigned.

• Marginal note:Refusal when grounds already considered

  (4) A review requested under subsection (1) may be refused if the request does not comply with subsection (2) or if the grounds stated in the request were presented to and considered by the inspector before the notice was delivered.

• Marginal note:Refusal in case of emergency

  (5) If the reasons in a notice referred to in subsection (1) include the existence of an emergency concerning risks to human health or safety or the environment, the reviewer may refuse to undertake the review until he or she is satisfied that there has been sufficient compliance with the order in the notice to address the emergency.

• Marginal note:Refusal not affected by inspector’s prior knowledge of emergency

  (6) For the purposes of subsection (5), the reviewer may refuse to undertake the review no matter how long before delivery of the notice the inspector had known of the circumstances concerning the emergency.

• Marginal note:Reasons for refusal

  (7) A refusal under subsection (4) or (5) shall be communicated in writing to the person who made the request, with reasons for the refusal.

• Marginal note:Review initiated by inspector

  (8) An inspector who delivers a notice referred to in subsection (1), or any other inspector or official assigned to do so, may review the order included in the notice regardless of whether a request has been made under that subsection.

• Marginal note:Conduct of review

  (9) A review referred to in subsection (1) or (8) shall be conducted in accordance with the regulations, if any.

• Marginal note:Decision on completion of review

  (10) On completion of a review, the reviewer shall make a decision to confirm, amend, terminate or cancel the order.

• Marginal note:Notice

  (11) Written notice of the reviewer’s decision under subsection (10), with reasons, shall be delivered to the person who made the request or, if there was no request, to the person to whom the notice referred to in subsection (1) was, or could have been, delivered.

• Marginal note:Delay in proceedings under section 61

  (12) An application shall not be made under section 61 in relation to an order until

  • (a) the expiry of the 10-day period referred to in subsection (2) without a review having been requested under subsection (1);

  • (b) a request for a review has been refused under subsection (4) or (5); or

  • (c) a review that has been requested under subsection (1) and has not been refused under subsection (4) or (5), or a review that has been undertaken under subsection (8), has been completed and action has been taken under subsection (10).

• Marginal note:Effect of amendment

  (13) When the decision under subsection (10) is to amend an order, the notice of that decision under subsection (11) is deemed, for the purpose of section 61, to have been delivered under subsection 53(2), 57(3) or 59(3), as the case may be, and the amended order is subject to review under this section.

Court Orders

Marginal note:Application for court order

61 If a person fails to comply with an order in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3), the Minister may apply to the Federal Court or any other court of competent jurisdiction for an order requiring the person to comply with the notice or authorizing an inspector to take any measures the court considers necessary to ensure compliance with the notice.

Delivery of Documents

Marginal note:Method of delivery

• 62 (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by any method that provides proof of delivery or by any prescribed method.

• Marginal note:Representative in Canada

  (2) An applicant for registration of a pest control product or a registrant, who does not reside in Canada, shall

  • (a) designate a representative who resides in Canada to whom correspondence and any notices or documents referred to in subsection (1) can be sent; and

  • (b) inform the Minister in writing of the designation.

• Marginal note:Presumption

  (3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the applicant or registrant who designated the representative.

• Marginal note:Requirement to communicate through designated representative

  (4) The Minister may require an applicant or registrant referred to in subsection (2) to conduct any communications with the Minister through the designated representative of the applicant or registrant.

• Marginal note:Refusal of communications

  (5) Despite any other provision of this Act, the Minister may refuse to receive or act on any communication that is not made in compliance with a requirement made by the Minister under subsection (4).

• Marginal note:Statutory Instruments Act does not apply

  (6) For greater certainty, the Statutory Instruments Act does not apply in respect of notices or other documents delivered under this Act.

Fees, Charges and Costs

Marginal note:Recovery of fees

63 Her Majesty in right of Canada may recover, 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.

Limitation on Liability

Marginal note:Her Majesty not liable

65 If a person must, by or under this Act or the regulations, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable for any costs, loss or damage resulting from the compliance or to pay any fee, rent or other charge for what is done, provided, maintained or permitted.

Compensation for Use of Information

Marginal note:Agreements to determine compensation

• 66 (1) The Minister shall determine the terms and conditions of agreements to be entered into by applicants and registrants for the purposes of determining compensation payable for the right to use or rely on information provided by registrants to the Minister under this Act.

• Marginal note:Negotiation and arbitration

  (2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations.

• Marginal note:Commercial Arbitration Act applies

  (3) Subject to this section, the Commercial Arbitration Act applies to an arbitration for the purposes of this section and the regulations.

• Marginal note:Exception

  (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3).

• Marginal note:Regulations

  (5) Regulations made by the Minister of Justice under section 9 of the Commercial Arbitration Act apply to an arbitration referred to in subsection (3) unless the parties otherwise agree.

Regulations

Marginal note:Regulations — Governor in Council

• 67 (1) The Governor in Council may make regulations

  • (a) prescribing policies of the Government of Canada that are consistent with the objectives of this Act for the purposes of the definition government policy in section 2;

  • (b) prescribing the nomenclature of pests and pest control products for the purposes of this Act;

  • (c) respecting the information and other things that must accompany an application made under section 7 or 10;

  • (d) respecting standards of laboratory practice to be used in conducting tests to obtain information about pest control products, certification of compliance with those standards, inspection and audit of compliance and the consequences of a failure to comply;

  • (e) respecting the evaluation of the health or environmental risks or the value of pest control products;

  • (f) respecting the registration of pest control products, including the types of registration for classes of products, and, for each type,

    • (i) the criteria and characteristics, and

    • (ii) the period or maximum period for which the registration is valid, which periods may be either finite or indefinite;

  • (f.1) respecting minor uses of a pest control product and defining minor use for the purposes of this Act and the regulations;

  • (g) stating which requirements of the regulations are conditions of registration;

  • (h) respecting the circumstances and conditions under which information provided to the Minister by registrants may be used or relied upon in relation to applications or registrations of other persons, including distinctions among the rights of registrants based on the purposes for which the information was provided to the Minister;

  • (i) respecting the Pest Control Products Export Control List, authorizations to export pest control products and the amendment, suspension and cancellation of authorizations;

  • (j) respecting review panels, including their establishment, the selection and remuneration of panel members and the travel and living expenses to which they are entitled;

  • (k) respecting authorizations to use unregistered pest control products for specific purposes and the amendment, suspension and cancellation of authorizations;

  • (l) respecting the Register, including information that is to be included in the Register and public access to the information;

  • (m) respecting the public disclosure of confidential test data;

  • (n) prescribing information that is to be excluded in whole or in part from the application of subsection 43(5);

  • (o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposition of pest control products;

  • (p) prescribing standards for pest control products, including standards relating to their form and composition;

  • (q) respecting the measures to be taken to facilitate the recognition of pest control products by a change in colouration or other means;

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

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

  • (t) respecting the keeping of records by registrants, manufacturers, importers, exporters, distributors and users of pest control products in relation to the products that they manufacture, store, import, export, distribute, use or dispose of and the requirements for making those records available to the Minister;

  • (u) respecting the recording by registrants of information on sales of pest control products, the retention and reporting to the Minister of such information by registrants and former registrants and the use of such information by the Minister;

  • (v) respecting the taking of samples and the conduct of analyses for the purposes of this Act;

  • (w) respecting the inspection and operation of establishments in which registered pest control products are manufactured;

  • (x) respecting the preservation, detention and forfeiture of pest control products and any other things seized by an inspector;

  • (y) respecting the destruction or disposition of pest control products or any other thing forfeited or authorized to be disposed of under this Act;

  • (z) respecting reviews under section 60;

  • (z.01) respecting the entering into of agreements and the determination of compensation payable through negotiations and binding arbitration, under section 66;

  • (z.1) respecting the delivery or transmission of documents under this Act, including the transmission of documents in electronic form;

  • (z.2) respecting fees and charges in relation to the administration of this Act or the regulations;

  • (z.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

  • (z.5) prescribing anything that by this Act is to be prescribed and generally for carrying out the purposes and provisions of this Act.

• Marginal note:Incorporation by reference

  (2) For greater certainty, regulations made under paragraph (1)(d) or (p) that incorporate a standard by reference may incorporate the standard as amended to a certain date or from time to time.

• Marginal note: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.

• Marginal note:Regulations re WTO Agreement

  (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

• Marginal note:Definition of WTO Agreement

  (4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.