Pest Control Products Act

Version of section 53 from 2002-12-31 to 2016-12-11:

Marginal note:Storage and removal
  •  (1) An inspector or any person designated by an inspector may

    • (a) store a seized pest control product or other thing at the place where it was seized or remove it to another place for storage; or

    • (b) require the owner of the product or other thing or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, to remove the product to any other place for storage.

  • Marginal note:Notice

    (2) A requirement under paragraph (1)(b) shall be communicated by delivering a written notice to the owner or person and the notice

    • (a) must include a statement of the reasons for the requirement; and

    • (b) may specify the period within which and the manner in which the pest control product or other thing is to be removed and stored.

  • Marginal note:Offence and punishment

    (3) Every person who fails to comply with a requirement in a notice delivered under 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:Interference with seized things

    (4) Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a pest control product or other thing seized and detained by an inspector under this Act.

  • Marginal note:Offence and punishment

    (5) Every person who contravenes subsection (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.

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