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

Offences

Marginal note:Failure to report information

• 29 (1) Every person who does not comply with section 13 is guilty of an offence.

• Marginal note:Non-compliance with requirement

  (2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.

Marginal note:False or misleading information

• 30 (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

  • (a) about the health or environmental risks or the value of a pest control product; or

  • (b) in response to a notice delivered under this Act.

• Marginal note:False or misleading tests

  (2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Marginal note:Non-compliance with conditions of registration

• 31 (1) A registrant who does not comply with the conditions of registration is guilty of an offence.

• Marginal note:Non-compliance with other conditions and requirements

  (2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.

Marginal note:Punishment

32 Every person who commits an offence under any of sections 29 to 31 is liable

• (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

• (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Export Controls

Marginal note:Export control list

• 33 (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria.

• Marginal note:Prohibition

  (2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act.

• Marginal note:Application

  (3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister.

• Marginal note:Authorization

  (4) The Minister may authorize an applicant to export a pest control product to a specified country if

  • (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and

  • (b) the proposed export is not prohibited under any other Act of Parliament.

• Marginal note:Conditions

  (5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

• Marginal note:Public notice

  (6) The Minister shall give public notice of the authorization.

• Marginal note:Offence and punishment — subsection (2)

  (7) Every person who contravenes subsection (2) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

• Marginal note:Offence and punishment — false or misleading information

  (8) Every person who knowingly provides false or misleading information in connection with an authorization is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Amendment, suspension or cancellation

• 34 (1) The Minister may amend, suspend or cancel an authorization to export a pest control product if the Minister

  • (a) has reasonable grounds to believe that a prescribed requirement of the authorization is not or will not be met;

  • (b) has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met; or

  • (c) becomes aware of additional information about the health or environmental risks of the pest control product.

• Marginal note:Representations

  (2) Before amending or cancelling an authorization or after suspending one, the Minister shall give the authorized person a reasonable opportunity to make representations.

• Marginal note:Decision

  (3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

• Marginal note:Public notice

  (4) The Minister shall give public notice of the amendment or cancellation of an authorization.

Reconsideration of Decisions

Marginal note:Notice of objection to registration decisions

• 35 (1) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision referred to in paragraph 28(1)(a) or (b) within 60 days after the decision statement referred to in subsection 28(5) is made public.

• Marginal note:Notice of objection to authorization decisions

  (2) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision to authorize the export of a pest control product or to amend or cancel an authorization within 60 days after a notice referred to in subsection 33(6) or 34(4) is made public.

• Marginal note:Establishment of review panel

  (3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more individuals to review the decision and to recommend whether the decision should be confirmed, reversed or varied.

• Marginal note:Notice of review panel

  (4) The Minister shall give public notice of the establishment of a review panel.

• Marginal note:Reasons to be provided if panel not established

  (5) If the Minister does not establish a panel, the Minister shall provide written reasons without delay to the person who filed the notice of objection.

• Marginal note:Terms of reference and procedure

  (6) The Minister may determine the terms of reference of a review panel and the procedure for the review, and may at any time change them.

• Marginal note:Representations

  (7) A review panel shall give any person a reasonable opportunity to make representations in respect of the decision under review, in accordance with the terms of reference.

• Marginal note:Public access

  (8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public.

• Marginal note:Information to be placed in Register

  (9) A review panel shall give the information submitted to it to the Minister, who shall place it in the Register.

Marginal note:No automatic suspension of decisions

36 The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved.

Marginal note:Withdrawal of notice of objection

37 The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them.