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

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

Interim Orders

Marginal note:Interim orders
  •  (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

  • Marginal note:Cessation of effect

    (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) 14 days after it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

    • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

  • Marginal note:Contravention of unpublished order

    (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

  • Marginal note:Exemption form Statutory Instruments Act

    (4) An interim order

  • Marginal note:Deeming

    (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

  • Marginal note:Tabling of order

    (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

  • 2004, c. 15, s. 111.1.

Offences and Punishment

General

Marginal note:Contravention causing risk or harm
  •  (1) Every person is guilty of an offence if, in contravening this Act or the regulations, they cause

    • (a) a risk of imminent death or serious bodily harm to another person;

    • (b) a risk of substantial harm to the environment; or

    • (c) harm to the environment.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

  • Marginal note:Offence committed wilfully or recklessly

    (3) Every person is guilty of an offence if, while contravening this Act or the regulations, they wilfully or recklessly cause

    • (a) a risk of imminent death or serious bodily harm to another person;

    • (b) a risk of substantial harm to the environment; or

    • (c) harm to the environment.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (3) is liable

    • (a) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both; and

    • (b) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Contravention of regulations

 Every person who contravenes a provision of the regulations is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Due diligence

 A person is not to be found guilty of an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — if they establish that they exercised all due diligence to prevent the commission of the offence.

  • 2016, c. 9, s. 60.

Related Provisions

Marginal note:Officers, etc., of corporations
  •  (1) If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Duty to ensure compliance

    (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes subsection (2) is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Offence by employee or agent or mandatary

 In a prosecution for an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that

  • (a) the offence was committed without the knowledge or consent of the accused; and

  • (b) the accused exercised all due diligence to prevent its commission.

  • 2002, c. 28, s. 71;
  • 2016, c. 9, s. 61.
Marginal note:Continuing offence

 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Marginal note:Limitation period
  •  (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister became aware of the subject-matter of the proceedings.

  • Marginal note:Minister’s certificate

    (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceedings, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.

Marginal note:Venue

 An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even though the matter of the information did not arise in that territorial division.

 
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