Pest Control Products Act (S.C. 2002, c. 28)
Full Document:
- HTMLFull Document: Pest Control Products Act (Accessibility Buttons available) |
- XMLFull Document: Pest Control Products Act [276 KB] |
- PDFFull Document: Pest Control Products Act [582 KB]
Act current to 2021-02-15 and last amended on 2020-07-01. Previous Versions
Registration of Pest Control Products (continued)
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
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
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
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
- 2002, c. 28, s. 33
- 2016, c. 9, s. 37
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.
- 2002, c. 28, s. 35
- 2016, c. 9, s. 38
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.
- Date modified: