8 (1) Subject to subsection (4), the President of the Agency may cancel the registration of any fertilizer or supplement if he or she believes on reasonable grounds that, with respect to that fertilizer or supplement, any of the following are contravened:
(a) any of the provisions of the Act or these Regulations;
(b) any of the provisions of the Health of Animals Act or of regulations made under that Act that refer to products of a rendering plant, animal by-products, animal food, animal products or manure; or
(c) any of the provisions of the Pest Control Products Act or of regulations made under that Act with respect to human, animal or plant health or the environment.
(2) In deciding whether to cancel a registration in accordance with subsection (1), the President of the Agency shall take information related to the following factors into account:
(a) whether cancellation of the registration is necessary in order to mitigate risk of harm to human, animal or plant health or the environment;
(b) whether the cancellation is unnecessary because the contravention has been corrected or is expected to be corrected in a timely way without risk of harm to human, animal or plant health or the environment; and
(c) whether there is a history of contravention of the provisions referred to in paragraphs (1)(a) to (c) in respect of the fertilizer or supplement.
(3) If the President of the Agency intends to cancel a registration, he or she shall forward to the registrant by registered mail a notice indicating that the registration is to be cancelled, along with the reasons for the proposed cancellation unless, within 30 days after the day on which the notice was mailed, the registrant notifies the President that they wish to have an opportunity to be heard in respect of the proposed cancellation.
(4) If the registrant notifies the President of the Agency that they wish to have an opportunity to be heard, the President shall notify the registrant by registered mail of the date and time of a hearing to determine whether the registration shall be cancelled and any details required to allow the registrant to participate. The hearing shall be held within 30 days after the day on which the President receives notice that the registrant wishes to have an opportunity to be heard.
(5) If a registrant fails to notify the President of the Agency that they wish to have an opportunity to be heard or fails to satisfy the President that the registration should not be cancelled, the President may cancel that registration.
- SOR/79-365, s. 7
- SOR/85-558, s. 5
- SOR/93-232, s. 2(E)
- SOR/2000-184, s. 57
- SOR/2020-232, s. 8
- Date modified: