Pest Control Products Act

Marginal note:Inspector may order measures

• 57 (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may order the person

  • (a) to stop or shut down any activity or thing involved in the contravention; and

  • (b) to take any other measures that the inspector considers necessary to prevent further contravention, including

    • (i) modifying a pest control product or its labelling or disposing of the product so as to comply with this Act and the regulations, and

    • (ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, labelling, distributing or using a registered pest control product in accordance with the conditions of registration.

• Marginal note:Validity period

  (2) An order under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.

• Marginal note:Notice

  (3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person having possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the order.

• 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

  • (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:Prosecutions

  (5) An order under subsection (1) may be given whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the order may be confirmed, varied or rescinded by the court that tries the offence.