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

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

Other Grounds for Cancellation or Amendment

Marginal note:Discontinuation of sale of product
  •  (1) A registrant who intends to discontinue the sale of a pest control product for one or more uses for which it is registered shall notify the Minister of that intention in the form and manner directed by the Minister.

  • Marginal note:Reasons for discontinuation

    (2) The Minister may deliver a notice in writing to the registrant requiring the registrant to explain the reasons for the discontinuation.

  • Marginal note:Cancellation or amendment of registration

    (3) On receipt of notification under subsection (1), the Minister shall cancel or amend the registration, as the case may be, as of a date to be determined by the Minister and, pending that date, may impose any conditions that the Minister considers necessary for carrying out the purposes of this Act.

Marginal note:Non-payment of fees, fines, etc.
  •  (1) If a registrant fails to pay a fee, fine, penalty, charge or cost that the registrant is liable to pay under or in relation to this Act, the Minister may

    • (a) cancel or amend any registration in the registrant’s name; and

    • (b) refuse to consider any application made by the registrant under this Act.

  • Marginal note:Representations

    (2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations.

  • Marginal note:Notice

    (3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action.

Marginal note:Amendment with consent

 The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its health or environmental risks or increasing its value.

Marginal note:Breach of conditions

 The Minister may cancel or amend the registration of a pest control product if the registrant does not comply with the conditions of registration.

Marginal note:Violation or offence

 If a person is found to have committed a violation or is convicted of an offence under this Act, the Minister may, having regard to the nature of the violation or offence and the circumstances surrounding its commission,

  • (a) cancel or amend the registration of the pest control product that was involved in the violation or offence where the person who committed the violation or offence is the registrant;

  • (b) cancel or amend the registration of any other pest control product in respect of which the person is the registrant; or

  • (c) refuse to consider any application made under this Act by the person during any period that the Minister considers appropriate.

Marginal note:Implementation of international agreement

 The Governor in Council may, by order, cancel or amend the registration of a pest control product or a class of pest control products if the Governor in Council considers it necessary to do so to implement an international agreement.

Public Consultation

Marginal note:Minister to consult
  •  (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision

    • (a) to grant or deny an application

      • (i) to register a pest control product that is or contains an unregistered active ingredient, or

      • (ii) to register, or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks;

    • (b) about the registration of a pest control product on completion of a re-evaluation or special review; or

    • (c) about any other matter if the Minister considers it in the public interest to do so.

  • Marginal note:Public notice

    (2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement.

  • Marginal note:Consultation statement

    (3) The consultation statement shall include

    • (a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister;

    • (b) the proposed decision and the reasons for it; and

    • (c) any other information that the Minister considers necessary in the public interest.

  • Marginal note:Consideration of comments

    (4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision.

  • Marginal note:Decision statement

    (5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision.

  • Marginal note:Confidential test data

    (6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest.

Offences

Marginal note:Failure to report information
  •  (1) Every person who does not comply with section 13 is guilty of an offence.

  • Marginal note:Non-compliance with requirement

    (2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.

Marginal note:False or misleading information
  •  (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

    • (a) about the health or environmental risks or the value of a pest control product; or

    • (b) in response to a notice delivered under this Act.

  • Marginal note:False or misleading tests

    (2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Marginal note:Non-compliance with conditions of registration
  •  (1) A registrant who does not comply with the conditions of registration is guilty of an offence.

  • Marginal note:Non-compliance with other conditions and requirements

    (2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.

Marginal note:Punishment

 Every person who commits an offence under any of sections 29 to 31 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; 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.

Export Controls

Marginal note:Export control list
  •  (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria.

  • Marginal note:Prohibition

    (2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act.

  • Marginal note:Application

    (3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister.

  • Marginal note:Authorization

    (4) The Minister may authorize an applicant to export a pest control product to a specified country if

    • (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and

    • (b) the proposed export is not prohibited under any other Act of Parliament.

  • Marginal note:Conditions

    (5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

  • Marginal note:Public notice

    (6) The Minister shall give public notice of the authorization.

  • Marginal note:Offence and punishment — subsection (2)

    (7) 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 and punishment — false or misleading information

    (8) Every person who knowingly provides false or misleading information in connection with an authorization 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.

  • 2002, c. 28, s. 33;
  • 2016, c. 9, s. 37.
 
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