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Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

Version of the schedule from 2010-09-02 to 2012-03-20:


SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Regulations

PART 1

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

Column 1Column 2Column 3
ItemProvision of the Pest Control Products ActShort-form DescriptionFootnote for PART 1 Pest Control Products Act (S.C. 2002, C. 28)*Classification
16(1)Manufacture, possess, handle, store, transport, import, distribute or use an unregistered pest control productVery serious
26(2)Manufacture, import, export or distribute a registered pest control product contrary to the conditions of registrationVery serious
36(3)Store, import, export or distribute a pest control product not packaged in accordance with the regulations and the conditions of registrationSerious
46(5)(a)Handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with the regulationsVery serious
56(5)(b)Handle, store, transport, use or dispose of a registered pest control product in a way that is inconsistent with the directions on the label recorded in the RegisterVery serious
66(7)Package or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impressionMinor
76(8)Manufacture, possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environmentVery serious
821(4)Fail to comply with the conditions set by the MinisterSerious
921(5)(a)Fail to comply with the conditions of continued possession, handling, storage, distribution or use of stocks of a pest control product in Canada at the time of cancellation of its registrationSerious
1021(5)(b)Fail to comply with the requirement to recall and dispose of a pest control product, the registration of which is cancelled, in the manner specifiedVery serious
1122(3)Fail to comply with the conditions of cancellation or amendment of the registrationSerious
1230(1)(b)Knowingly provide false or misleading information in response to a noticeVery serious
1331(1)Fail to comply with the conditions of registrationVery serious
1446(1)Resist or wilfully obstruct an inspector or make a false or misleading statement to an inspectorVery serious
1546(2)Fail to make records available to an inspector on requestSerious
1650(1)Fail to give an inspector all reasonable assistance or to provide an inspector with the required informationSerious
1753(1)(b)Fail to comply with a requirement in a notice respecting removalVery serious
1853(4)Remove, alter or interfere with, without an inspector’s written authorization, a pest control product or other thing seized and detainedVery serious
1957(1)Fail to comply with a requirement in a notice respecting measures to stop an activity or thing involved in a contravention or to prevent further contraventionVery serious
2059(2)(a)Fail to comply with a requirement in a notice respecting measures to reduce or eliminate risksVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 2

Pest Control Products Regulations (Sor/2006-124)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products RegulationsShort-form DescriptionFootnote for PART 2 Pest Control Products Regulations (Sor/2006-124)*Classification
121Use a word or expression on a package or in any advertisement that states or implies that the Government of Canada promotes, endorses or recommends the use of a pest control productMinor
235Fail to show the conditions of registration that relate to the distribution on the documents that accompany the shipmentMinor
336Import a pest control product without a signed declaration setting out the required informationMinor
441(6)Distribute a foreign product imported under an own-use import certificateVery serious
544Use a foreign product imported for own use in a manner that is inconsistent with the conditions on the own-use import certificateVery serious
659Fail to post at research sites signs that meet the requirementsMinor
760(1)Fail to ensure that a pest control product that is used in research is accompanied by an experimental labelSerious
860(2)Fail to have an experimental label that meets requirementsSerious
961(a)Fail to supply every researcher and cooperator involved with a copy of the experimental label, which must be the approved experimental label if a research authorization certificate or research notification certificate has been issuedSerious
1062Handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with the research plan or the directions on the experimental labelVery serious
1163Fail to keep research records that contain the required informationMinor
1265Fail to return an unused unregistered pest control product to the manufacturerMinor
1366Fail to return an unused registered pest control product to the manufacturerMinor
1467Distribute a pest control product that is used in the conduct of research otherwise than in accordance with section 65 or 66Serious
1569(b)Where a microbial agent was used under the authority of a research notification certificate, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of researchVery serious
1670(b)Where a semiochemical was used in research otherwise than in accordance with the Regulations, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of researchVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 3

Pest Control Products Sales Information Reporting Regulations (Sor/2006-261)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products Sales Information Reporting RegulationsShort-form DescriptionFootnote for PART 3 Pest Control Products Sales Information Reporting Regulations (Sor/2006-261)*Classification
13Fail to submit the report on sales information of a pest control product annually and to include in it the required informationSerious
27Fail to submit the report on or before June 1 of the year following the calendar year covered by the reportSerious
38Fail to provide available sales information on a pest control product within 15 days after the Minister requests itVery serious
410Fail to keep all original records and supporting data that relate to the sales information included in a report for six years or fail to submit records and data to the Minister on requestMinor
511Fail to submit sales information of a product, within 60 days after the Minister requests it, in a report prepared by an independent auditor qualified under the laws of a provinceSerious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 4

Pest Control Products Incident Reporting Regulations (Sor/2006-260)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products Incident Reporting RegulationsShort-form DescriptionFootnote for PART 4 Pest Control Products Incident Reporting Regulations (Sor/2006-260)*Classification
16(1)Fail to file an incident report in English or FrenchSerious
26(2)Fail to provide a summary of the study, in English or in French, at the prescribed timeMinor
37Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in CanadaSerious
48Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in the United States if the incident fits within any of the categories specifiedSerious
59Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident whose effects are identified in a scientific studySerious
610Fail to file an incident report within 15 days after receipt of information about any incident in the categories specifiedVery serious
711(1)Fail to file an incident report before the end of the next month, following the accumulation of information in a month, about any incident in a category specifiedVery serious
812Fail to file, in accordance with the time limits specified, an incident report about any incident in a category specifiedSerious
913Fail to file the required incident reports about any incident in a category specifiedSerious
1014(1)Fail to file an annual summary within two months after the end of the reporting period specifiedSerious
1115(1)Fail to file an annual summary with respect to an active ingredient in the prescribed circumstancesMinor
1215(2)Fail to provide the prescribed information in the annual summaryMinor
1316Fail to provide the required information within 24 hours after the Minister requests it for the purpose of responding to a situation specifiedVery serious
14Obligation to provide the record under section 17 to the Minister, on request, for the purposes specified in that sectionFail to provide the record to the Minister, on request, for the purposes specifiedVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

  • SOR/2010-191, s. 10

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