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

Act current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

Marginal note:Recovery of costs

 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including

  • (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, movement, seizure, detention, forfeiture, disposition or return of a pest control product or other thing;

  • (b) any enforcement or risk-control measures taken by the Minister or an inspector under this Act.

  • 2002, c. 28, s. 64;
  • 2016, c. 9, s. 58.
Marginal note:Time limit

 Proceedings to recover a debt due to Her Majesty in right of Canada under this Act shall not be commenced later than five years after the debt became payable.

  • 2016, c. 9, s. 58.
Marginal note:Certificate of default
  •  (1) Any debt that may be recovered under section 63 or 64 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

  • Marginal note:Judgment

    (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

  • 2016, c. 9, s. 58.

Limitation on Liability

Marginal note:Her Majesty not liable

 If a person must, by or under this Act or the regulations, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable for any costs, loss or damage resulting from the compliance or to pay any fee, rent or other charge for what is done, provided, maintained or permitted.

Compensation for Use of Information

Marginal note:Agreements to determine compensation
  •  (1) The Minister shall determine the terms and conditions of agreements to be entered into by applicants and registrants for the purposes of determining compensation payable for the right to use or rely on information provided by registrants to the Minister under this Act.

  • Marginal note:Negotiation and arbitration

    (2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations.

  • Marginal note:Commercial Arbitration Act applies

    (3) Subject to this section, the Commercial Arbitration Act applies to an arbitration for the purposes of this section and the regulations.

  • Marginal note:Exception

    (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3).

  • Marginal note:Regulations

    (5) Regulations made by the Minister of Justice under section 9 of the Commercial Arbitration Act apply to an arbitration referred to in subsection (3) unless the parties otherwise agree.

  • 2002, c. 28, s. 66;
  • 2017, c. 6, s. 112.

Regulations

Marginal note:Regulations — Governor in Council
  •  (1) The Governor in Council may make regulations

    • (a) prescribing policies of the Government of Canada that are consistent with the objectives of this Act for the purposes of the definition government policy in section 2;

    • (b) prescribing the nomenclature of pests and pest control products for the purposes of this Act;

    • (c) respecting the information and other things that must accompany an application made under section 7 or 10;

    • (d) respecting standards of laboratory practice to be used in conducting tests to obtain information about pest control products, certification of compliance with those standards, inspection and audit of compliance and the consequences of a failure to comply;

    • (e) respecting the evaluation of the health or environmental risks or the value of pest control products;

    • (f) respecting the registration of pest control products, including the types of registration for classes of products, and, for each type,

      • (i) the criteria and characteristics, and

      • (ii) the period or maximum period for which the registration is valid, which periods may be either finite or indefinite;

    • (f.1) respecting minor uses of a pest control product and defining minor use for the purposes of this Act and the regulations;

    • (g) stating which requirements of the regulations are conditions of registration;

    • (h) respecting the circumstances and conditions under which information provided to the Minister by registrants may be used or relied upon in relation to applications or registrations of other persons, including distinctions among the rights of registrants based on the purposes for which the information was provided to the Minister;

    • (i) respecting the Pest Control Products Export Control List, authorizations to export pest control products and the amendment, suspension and cancellation of authorizations;

    • (j) respecting review panels, including their establishment, the selection and remuneration of panel members and the travel and living expenses to which they are entitled;

    • (k) respecting authorizations to use unregistered pest control products for specific purposes and the amendment, suspension and cancellation of authorizations;

    • (l) respecting the Register, including information that is to be included in the Register and public access to the information;

    • (m) respecting the public disclosure of confidential test data;

    • (n) prescribing information that is to be excluded in whole or in part from the application of subsection 43(5);

    • (o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposition of pest control products;

    • (p) prescribing standards for pest control products, including standards relating to their form and composition;

    • (q) respecting the measures to be taken to facilitate the recognition of pest control products by a change in colouration or other means;

    • (r) respecting the packaging, labelling and advertising of pest control products;

    • (s) respecting pest control product safety information, including information related to product safety data sheets;

    • (t) respecting the keeping of records by registrants, manufacturers, importers, exporters, distributors and users of pest control products in relation to the products that they manufacture, store, import, export, distribute, use or dispose of and the requirements for making those records available to the Minister;

    • (u) respecting the recording by registrants of information on sales of pest control products, the retention and reporting to the Minister of such information by registrants and former registrants and the use of such information by the Minister;

    • (v) respecting the taking of samples and the conduct of analyses for the purposes of this Act;

    • (w) respecting the inspection and operation of establishments in which registered pest control products are manufactured;

    • (x) respecting the preservation, detention and forfeiture of pest control products and any other things seized by an inspector;

    • (y) respecting the destruction or disposition of pest control products or any other thing forfeited or authorized to be disposed of under this Act;

    • (z) respecting reviews under section 60;

    • (z.01) respecting the entering into of agreements and the determination of compensation payable through negotiations and binding arbitration, under section 66;

    • (z.1) respecting the delivery or transmission of documents under this Act, including the transmission of documents in electronic form;

    • (z.2) respecting fees and charges in relation to the administration of this Act or the regulations;

    • (z.21) establishing classes of pest control products and any categories and subcategories of those classes;

    • (z.3) respecting the implementation, in relation to pest control products, of international agreements that affect those products;

    • (z.4) exempting persons, activities or pest control products, including products that are imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations, and prescribing the conditions under which they are exempt; and

    • (z.5) prescribing anything that by this Act is to be prescribed and generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Incorporation by reference

    (2) For greater certainty, regulations made under paragraph (1)(d) or (p) that incorporate a standard by reference may incorporate the standard as amended to a certain date or from time to time.

  • Marginal note:Jointly produced documents

    (2.1) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

  • Marginal note:Internally produced standards

    (2.2) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including

    • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

    • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

  • Marginal note:Scope of incorporation

    (2.3) Documents may be incorporated by reference as they exist on a particular date or as they are amended from time to time.

  • Marginal note:Regulations re NAFTA and WTO Agreement

    (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council deems necessary for the purpose of implementing, in relation to pest control products, Article 1711 of the North American Free Trade Agreement or Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in subsection (3).

    North American Free Trade Agreement

    North American Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (Accord de libre-échange nord-américain)

    WTO Agreement

    WTO Agreement has the same meaning as Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)

  • 2002, c. 28, s. 67;
  • 2016, c. 9, s. 59;
  • 2017, c. 6, s. 113.
 
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