Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations
Version of the schedule from 2019-07-12 to 2021-12-31:
SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Regulations
SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Regulations
PART 1
Pest Control Products Act (S.C. 2002, C. 28)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of the Pest Control Products Act | Short-form DescriptionFootnote for PART 1 Pest Control Products Act (S.C. 2002, C. 28)* | Classification |
| 1 | 6(1) | Manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered or otherwise authorized | Very serious |
| 2 | 6(2) | Manufacture, import, export or distribute a registered pest control product contrary to the conditions of registration | Very serious |
| 3 | 6(3) | Store, import, export or distribute a pest control product not packaged or labelled in accordance with the regulations or, if it is registered, the conditions of registration | Serious |
| 4 | 6(5)(a) | Handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with the regulations | Very serious |
| 5 | 6(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 Register | Very serious |
| 6 | 6(7) | Package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression | Serious |
| 7 | 6(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 environment | Very serious |
| 8 | 6(8.1) | Alter, destroy or falsify a document required to be kept, maintained or provided | Very serious |
| 9 | 6(8.2)(a) | Alter a document issued or made — or in any manner given — under the Pest Control Products Act | Very serious |
| 10 | 6(8.2)(b) | Have in possession or use a document issued or made — or in any manner given — under the Pest Control Products Act that has been altered | Serious |
| 11 | 6(8.3) | Have in possession or use any document not issued or made — or in any manner given — under the Pest Control Products Act that so resembles a document issued or made — or in any manner given — under that Act that is likely to be mistaken for such a document | Serious |
| 12 | 30(1)(b) | Knowingly provide false or misleading information in response to a notice | Very serious |
| 13 | 31(1) | Fail to comply with the conditions of registration | Very serious |
| 13.1 | 31(2) | Fail to comply with a condition imposed by the Minister under subsection 21(4) of the Pest Control Products Act | Serious |
| 13.2 | 31(2) | Fail to comply with a condition imposed by the Minister under paragraph 21(5)(a) of the Pest Control Products Act with respect to the continued possession, handling, storage, distribution or use of stocks of a pest control product in Canada at the time of cancellation of its registration | Serious |
| 13.3 | 31(2) | Fail to comply with the requirement to recall and dispose of a pest control product, the registration of which is cancelled, in the manner specified by the Minister under paragraph 21(5)(b) of the Pest Control Products Act | Very serious |
| 13.4 | 31(2) | Fail to comply with a condition imposed by the Minister under subsection 22(3) of the Pest Control Products Act | Serious |
| 14 | 46(1) | Resist or obstruct an inspector or make a false or misleading statement to an inspector who is exercising powers or performing duties or functions under the Pest Control Products Act | Very serious |
| 15 | 46(2) | Fail to make records available to an inspector on request | Very serious |
| 15.1 | 48(1)(c) | Fail to comply with an order to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection | Very serious |
| 15.2 | 48(1)(d) | Fail to comply with an order to move a means of transport to a place where the inspector can enter it | Very serious |
| 15.3 | 48(1)(d.3) | Fail to comply with an order to move the pest control product or other thing or, for any time that may be necessary, not to move it or to restrict its movement | Very serious |
| 15.4 | 48(1)(d.7) | Fail to comply with an order given to any person in the place being inspected to establish their identity to the inspector’s satisfaction | Serious |
| 16 | 50(1) | Fail to give an inspector all reasonable assistance or to provide an inspector with the required information | Serious |
| 17 | 51(1) | Fail to comply with an order to provide, on the date, at the time and place and in the manner specified by the inspector, the document, information or sample specified by the inspector | Serious |
| 17.1 | 53(1)(b) | Fail to comply with an order to store or move a pest control product | Very serious |
| 17.2 | 53(1)(c) | Fail to comply with an order to dispose of a seized pest control product or other thing that is perishable | Very serious |
| 17.3 | 53(1)(d) | Fail to comply with an order to dispose of a seized pest control product or other thing that endangers human health or safety or the environment | Very serious |
| 18 | 53(4) | Remove, alter or interfere with, without an inspector’s authorization, a pest control product or other thing seized and detained | Very serious |
| 18.1 | 54(1) | Fail to comply with an order to remove a non-compliant pest control product from Canada, or, if removal is not possible, to destroy it | Very serious |
| 19 | 57(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 contravention | Very serious |
| 20 | 59(2)(a) | Fail to comply with a requirement in a notice respecting measures to reduce or eliminate risks | Very 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 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of the Pest Control Products Regulations | Short-form DescriptionFootnote for PART 2 Pest Control Products Regulations (SOR/2006-124)* | Classification |
| 1 | 3.2(1) | Fail to ensure that the required documents accompany the shipment of the pest control product during transport through Canada or during any short-term storage in Canada in the prescribed manner | Very serious |
| 1.1 | 3.2(2) to (8) | Fail to ensure that the required documents accompany the shipment of the pest control product during transport through Canada or during any short-term storage in Canada | Very serious |
| 1.2 | 3.2(9) | Fail to ensure that the packaging of the pest control product is constructed in the prescribed manner | Very serious |
| 1.3 | 3.2(10) | Fail to store or transport the pest control product separately from food or feed or in such a way as to avoid the possible contamination of the food or feed | Very serious |
| 1.4 | 3.3 | Fail to provide information to the Minister on request and in the manner requested | Very serious |
| 1.5 | 21 | Use 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 product | Minor |
| 2 | 35 | Fail to show the conditions of registration that relate to the distribution on the documents that accompany the shipment | Minor |
| 3 | 36 | Import a pest control product without a signed declaration setting out the required information | Minor |
| 4 and 5 | [Repealed, SOR/2014-4, s. 1] | ||
| 6 | 59 | Fail to post at research sites signs that meet the requirements | Minor |
| 7 | 60(1) | Fail to ensure that a pest control product that is used in research is accompanied by an experimental label | Serious |
| 8 | 60(2) | Fail to have an experimental label that meets requirements | Serious |
| 9 | 61(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 issued | Serious |
| 10 | [Repealed, SOR/2014-4, s. 2] | ||
| 11 | 63 | Fail to keep research records that contain the required information | Minor |
| 12 | 65 | Fail to return an unused unregistered pest control product to the manufacturer | Minor |
| 13 | 66 | Fail to return an unused registered pest control product to the manufacturer | Minor |
| 14 | 67 | Distribute a pest control product that is used in the conduct of research otherwise than in accordance with section 65 or 66 | Serious |
| 15 | 69(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 research | Very serious |
| 16 | 70(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 research | Very 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 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of the Pest Control Products Sales Information Reporting Regulations | Short-form DescriptionFootnote for PART 3 Pest Control Products Sales Information Reporting Regulations (SOR/2006-261)* | Classification |
| 1 | 3 | Fail to submit the report on sales information of a pest control product annually and to include in it the required information | Serious |
| 2 | 7 | Fail to submit the report on or before June 1 of the year following the calendar year covered by the report | Serious |
| 3 | 8 | Fail to provide available sales information on a pest control product within 15 days after the Minister requests it | Very serious |
| 4 | 10 | Fail 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 request | Minor |
| 5 | 11 | Fail 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 province | 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 4
Pest Control Products Incident Reporting Regulations (SOR/2006-260)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of the Pest Control Products Incident Reporting Regulations | Short-form DescriptionFootnote for PART 4 Pest Control Products Incident Reporting Regulations (SOR/2006-260)* | Classification |
| 1 | 6(1) | Fail to file an incident report in English or French | Serious |
| 2 | 6(2) | Fail to provide a summary of the study, in English or in French, at the prescribed time | Minor |
| 3 | 7 | Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in Canada | Serious |
| 4 | 8 | Fail 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 specified | Serious |
| 5 | 9 | Fail 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 study | Serious |
| 6 | 10 | Fail to file an incident report within 15 days after receipt of information about any incident in the categories specified | Very serious |
| 7 | 11(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 specified | Very serious |
| 8 | 12 | Fail to file, in accordance with the time limits specified, an incident report about any incident in a category specified | Serious |
| 9 | 13 | Fail to file the required incident reports about any incident in a category specified | Serious |
| 10 | 14(1) | Fail to file an annual summary within two months after the end of the reporting period specified | Serious |
| 11 | 15(1) | Fail to file an annual summary with respect to an active ingredient in the prescribed circumstances | Minor |
| 12 | 15(2) | Fail to provide the prescribed information in the annual summary | Minor |
| 13 | 16 | Fail to provide the required information within 24 hours after the Minister requests it for the purpose of responding to a situation specified | Very serious |
| 14 | Obligation to provide the record under section 17 to the Minister, on request, for the purposes specified in that section | Fail to provide the record to the Minister, on request, for the purposes specified | Very 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
- SOR/2012-49, s. 1
- SOR/2014-4, ss. 1, 2
- SOR/2018-243, ss. 2 to 11
- SOR/2018-243, s. 12
- SOR/2018-243, s. 13
- Date modified: