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Fertilizers Regulations (C.R.C., c. 666)

Regulations are current to 2020-11-02 and last amended on 2020-10-26. Previous Versions

New Information Requirements

  •  (1) Where, at any time after providing notification pursuant to paragraph 23.1(1)(a) or receiving authorization pursuant to paragraph 23.3(1)(a), a person becomes aware of any new information regarding risk to the environment, including risk to human health, that could result from the release of the novel supplement, the person shall immediately provide the new information to the Minister.

  • (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the release and determines that there is

    • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

      • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

      • (ii) change the conditions respecting the release, or

      • (iii) remove any of the conditions respecting the release;

    • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

      • (i) impose additional conditions respecting the release, or

      • (ii) change the conditions respecting the release; or

    • (c) an unacceptable risk, the Minister shall

      • (i) refuse to authorize the release, or

      • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

  • (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 23.3(2)(a) and make the assessment referred to in paragraph 23.3(2)(b).

  • SOR/97-7, s. 4

Detention

  •  (1) Any article seized pursuant to section 9 of the Act may be detained by an inspector at any place by attaching a detention tag to the article or to any part of it.

  • (2) If an article is detained under subsection (1), an inspector shall deliver or send to the owner or person in possession of the article a notice of detention.

  • (3) No person shall alter or remove a detention tag referred to in subsection (1) or sell or move any detained article except with the written authority of an inspector.

  • (4) If an article is released from detention, an inspector shall deliver or send to the owner or person in possession of the article a notice of release.

  • (5) Any article forfeited under section 9 of the Act shall be disposed of in the following manner:

    • (a) in the case of a fertilizer or supplement that is fit for sale, it shall be

      • (i) sold and the proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of a fertilizer or supplement that is not fit for sale, it shall be disposed of in a safe manner; and

    • (c) in the case of an article other than a fertilizer or supplement, it shall be sold and the proceeds deposited to the credit of the Receiver General.

  • SOR/92-585, s. 2
  • SOR/94-683, s. 3
  • SOR/2020-232, s. 15
 
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