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

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

Administration and Enforcement

Inspectors and Analysts

Marginal note:Appointment
  •  (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act.

  • Marginal note:Designation of inspectors and analysts

    (2) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors or analysts to exercise powers or perform duties or functions in relation to any matter referred to in the designation, but

    • (a) no individual who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the individual is employed; and

    • (b) no individual who is employed by the government of a province may be designated without the approval of that government.

  • Marginal note:Inspector’s certificate of designation

    (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

  • 2002, c. 28, s. 45;
  • 2016, c. 9, s. 42.
Marginal note:Obstruction of inspectors
  •  (1) No person shall resist or obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is exercising powers or performing duties or functions under this Act.

  • Marginal note:Inspection of records

    (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes this section 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. 46;
  • 2016, c. 9, s. 43.

Voluntary Reports

Marginal note:Report of contravention
  •  (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector.

  • Marginal note:Confidentiality

    (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing.

  • Marginal note:Protection of individual

    (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage an individual for having

    • (a) made a report under subsection (1);

    • (b) refused or stated an intention of refusing to do anything that the individual reasonably believed was or would be a contravention under this Act; or

    • (c) done or stated an intention of doing anything that the individual reasonably believed was required by or under this Act.

  • Marginal note:Offence and punishment

    (4) Every person who contravenes subsection (2) or (3) 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. 47;
  • 2016, c. 9, s. 44.

Inspections

Marginal note:Powers of inspectors
  •  (1) For a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, an inspector may

    • (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

    • (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

    • (c) order any person 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;

    • (d) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;

    • (d.1) examine or test, or take samples of, anything that is in the place being inspected;

    • (d.2) examine a document that is in the place being inspected, make copies of it or take extracts from it;

    • (d.3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (d.4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

    • (d.5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;

    • (d.6) take photographs or make recordings or sketches;

    • (d.7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;

    • (d.8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;

    • (d.9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and

    • (e) conduct any tests or analyses or take any measurements.

  • Marginal note:Persons accompanying inspector

    (2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)(a).

  • Marginal note:Offence and punishment

    (4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)(c), (d), (d.3) or (d.7) 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. 48;
  • 2016, c. 9, s. 45.
Marginal note:Warrant required to enter dwelling-place
  •  (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

  • Marginal note:Authority to issue warrant

    (2) If on ex parte application a justice is satisfied by information on oath that

    • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

    • (b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and

    • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

    the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Telewarrant

    (4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

  • 2002, c. 28, s. 49;
  • 2016, c. 9, s. 46.
 
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