Pest Control Products Act

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.

• Marginal note:Measures

  (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).

• Marginal note:Notice

  (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

  • (a) must include a statement of the reasons for the order; and

  • (b) may specify the period within which and the manner in which the required action must be taken.

• 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.