Pest Control Products Act

Version of section 59 from 2002-12-31 to 2016-12-11:

Marginal note:Inspectors may take measures to control risks
  •  (1) Despite subsection 6(8), an inspector may take any measures described in subsection (2) if he or she has reasonable grounds to believe that there has been a contravention of this Act or the regulations and that a pest control product, or any other thing that has been treated or contaminated by a pest control product, poses a health or environmental risk that the Minister considers is unacceptable.

  • Marginal note:Measures

    (2) The inspector may

    • (a) require an owner or a person who has the possession, care or control of the pest control product or other thing to dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;

    • (b) confiscate or dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; or

    • (c) authorize any other person to exercise the powers described in paragraph (b).

  • Marginal note:Notice

    (3) A requirement under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person who has the possession, care or control of the product or thing 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 required action must be taken.

  • Marginal note:Offence and punishment

    (4) Every person who fails to comply with a requirement in a notice delivered under subsection (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.

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