Pest Control Products Act

Version of section 44 from 2002-12-31 to 2016-12-11:

Marginal note:Permitted disclosure
  •  (1) The Minister may, in accordance with the regulations, if any, disclose confidential test data or confidential business information that has been provided under this Act or is in the Register to

    • (a) any person who provides services to Her Majesty in right of Canada for the purpose of protecting human health or safety or the environment;

    • (b) an international organization or the government of a province or a country that is a party to an agreement with Her Majesty in right of Canada or an agent of Her Majesty, relating to the exchange of information about pest control products;

    • (c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to a person;

    • (d) a department or an agency of the federal or a provincial government that requests the information in order to respond to a situation that endangers human health or safety or the environment;

    • (e) a review panel established by the Minister under subsection 35(3); or

    • (f) any other person or body, including an advisory council established under subsection 5(1), from whom the Minister requests advice for the purposes of this Act.

  • Marginal note:Protection of disclosed information

    (2) Before disclosing information under paragraph (1)(b), the Minister must be satisfied that the party to the agreement, other than Her Majesty in right of Canada or an agent of Her Majesty, can provide protection from unfair commercial use or disclosure of the information that is consistent with the protection provided under this Act.

  • Marginal note:Prohibition against disclosure

    (3) No person shall disclose information obtained under subsection (1) unless authorized by the person who provided the information to the Minister or unless authorized under the Access to Information Act, this Act or the regulations.

  • Marginal note:Prohibition against use

    (4) No person shall use information obtained under subsection (1) for any purpose other than the purpose for which it was obtained, unless authorized by the person who provided the information to the Minister.

  • Marginal note:Offence and punishment

    (5) Every person who contravenes subsection (3) or (4) 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:Security measures

    (6) Every person who obtains information under subsection (1) shall comply with any prescribed security measures and take all reasonable precautions to avoid any prohibited disclosure of the information.

  • Marginal note:Offence and punishment

    (7) Every person who contravenes subsection (6) 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.

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