Administration and Enforcement (continued)
Disposal and Risk-control Measures
Marginal note:Disposal of samples
58 A sample taken under this Act or the regulations may be disposed of as an inspector or analyst may direct.
Marginal note:Inspectors may take measures to control risks
59 (1) Despite subsection 6(8), an inspector may take any measures described in subsection (2) if he or she has reasonable grounds to believe that there has been a contravention of this Act or the regulations and that a pest control product, or any other thing that has been treated or contaminated by a pest control product, poses a health or environmental risk that the Minister considers is unacceptable.
(2) The inspector may
(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
(c) authorize any other person to exercise the powers described in paragraph (b).
(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
Marginal note:Offence and punishment
(4) Every person who fails to comply with an order in a notice delivered under subsection (3) is guilty of an offence and liable
- 2002, c. 28, s. 59
- 2016, c. 9, ss. 55, 62(E)
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.
(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.
(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.
- 2002, c. 28, s. 60
- 2016, c. 9, s. 62(E)
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.
- 2002, c. 28, s. 61
- 2016, c. 9, s. 62(E)
Delivery of Documents
Marginal note:Method of delivery
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
(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
- 2002, c. 28, s. 62
- 2016, c. 9, s. 57
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.
- 2002, c. 28, s. 63
- 2016, c. 9, s. 58
- Date modified: