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

Act current to 2019-08-28 and last amended on 2019-07-12. Previous Versions

Reconsideration of Decisions (continued)

Marginal note:Report

  •  (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them.

  • Marginal note:Register

    (2) The Minister shall place the review panel’s report in the Register.

Marginal note:Confirmation, reversal or variation of decision

  •  (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable.

  • Marginal note:Public notice of decision

    (2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest.

Marginal note:False or misleading tests or information

  •  (1) Every person is guilty of an offence if they

    • (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or

    • (b) falsely claim to have conducted a test relating to the health or environmental risks or 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:Punishment

    (2) Every person who commits an offence under subsection (1) 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.

Authorization to Use Unregistered Product

Marginal note:Authorization

  •  (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose.

  • Marginal note:Conditions

    (2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks.

  • Marginal note:Suspension

    (3) The Minister shall suspend an authorization if the Minister has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met or that the continuance of the authorization poses unacceptable health or environmental risks.

  • Marginal note:Representations

    (4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations.

  • Marginal note:Decision

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

  • Marginal note:Offence and punishment

    (6) Every person who fails to comply with the conditions of an authorization issued under this section 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.

Product Safety Information for Unregistered Products

Marginal note:Provision of safety information

 A person who is authorized by the regulations to import an unregistered pest control product solely for the purpose of export or for a prescribed purpose and who imports such a product for that purpose shall provide, in accordance with the regulations, to workplaces where the pest control product is handled or stored, product safety information for the product that complies with the prescribed requirements.

  • 2016, c. 9, s. 39

Access to Information

Marginal note:Register

  •  (1) The Minister shall establish and maintain a Register of Pest Control Products in accordance with the regulations, if any, that contains information about pest control products, including information about applications, registrations, re-evaluations and special reviews.

  • Marginal note:Contents of Register

    (2) The Register shall contain the following information:

    • (a) for each application to register or amend the registration of a pest control product,

      • (i) the active ingredient of the product, proposed new uses for it or any uses proposed to be withdrawn, and

      • (ii) how the application was disposed of or whether it was withdrawn;

    • (b) the conditions of registration, registration number and registration validity period for each registered pest control product;

    • (c) information, in respect of each registered pest control product, that is provided by applicants and registrants

      • (i) in support of an application for registration or for the amendment of a registration, or

      • (ii) for the purposes of a re-evaluation or special review;

    • (d) information provided by applicants and registrants that is used to specify maximum residue limits;

    • (e) information, in respect of each registered pest control product, that is considered by the Minister under paragraphs 7(6)(b) and 19(1)(c);

    • (f) any reports of the evaluation of the health and environmental risks and the value of registered pest control products prepared by the Minister;

    • (g) any advice from a person or body referred to in paragraph 44(1)(f), unless disclosure of the advice may be refused under section 23 or 23.1 of the Access to Information Act;

    • (h) the status, including cancelled status, of all registrations to which this Act applies;

    • (i) information provided to the Minister pursuant to subsection 8(5);

    • (j) notices delivered under subsections 12(1), 16(3) and 18(1) and paragraph 19(1)(a);

    • (k) conclusions of the Minister that were made public under section 15;

    • (l) consultation statements and decision statements made public under subsections 28(2) and (5), respectively;

    • (m) notices of objection filed under subsections 35(1) and (2), public notices given under subsection 35(4) and the Minister’s decisions and reasons under subsections 35(5) and 39(2);

    • (n) authorizations under sections 33 and 41 and amendments and cancellations under sections 34 and 41; and

    • (o) any other information required by this Act or the regulations to be included in the Register.

  • Marginal note:Evaluation reports

    (3) An evaluation report referred to in paragraph (2)(f) shall contain a summary of the information considered and shall contain any confidential test data and confidential business information that the Minister considers appropriate.

  • Marginal note:Public access to information in the Register

    (4) The Minister shall allow the public to have access to, and copies of, any information in the Register that

    • (a) is not confidential test data or confidential business information; or

    • (b) is confidential test data that has been made subject to public disclosure in accordance with the regulations made under paragraph 67(1)(m).

  • Marginal note:Access to evaluation reports

    (5) The Minister shall allow the public to obtain a copy of any evaluation report in the Register, except for any confidential business information that it contains.

  • Marginal note:Means of access to information in Register

    (6) Information in the Register that the public may obtain a copy of under this Act or the regulations shall be made available to the public in as convenient a manner as practicable.

  • Marginal note:Electronic public registry

    (7) The Minister shall establish an electronic public registry, which shall include

    • (a) the information referred to in subsection (6), as soon as reasonably practicable;

    • (b) memoranda of understanding among federal government departments relating to the regulation of pest control products;

    • (c) reports of international harmonization activities relating to the regulation of pest control products;

    • (d) regulations and proposed regulations under this Act when published in the Canada Gazette; and

    • (e) policies, guidelines and codes of practice relating to the regulation of pest control products when proposed for public consultation, and their final texts when adopted.

  • 2002, c. 28, s. 42
  • 2018, c. 27, s. 275
 
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