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| Minister to
consult
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28. (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
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(a) to grant or deny an application
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(i) to register a pest control product that
is or contains an unregistered active
ingredient, or
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(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;
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(b) about the registration of a pest control
product on completion of a re-evaluation or
special review; or
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(c) about any other matter if the Minister
considers it in the public interest to do so.
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| Public notice
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(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.
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| Consultation
statement
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(3) The consultation statement shall include
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(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;
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(b) the proposed decision and the reasons
for it; and
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(c) any other information that the Minister
considers necessary in the public interest.
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| Consideration
of comments
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(4) The Minister shall consider any
comments received pursuant to subsection (2)
before making a decision.
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| Decision
statement
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(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.
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| Confidential
test data
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(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.
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| Failure to
report
information
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29. (1) Every person who does not comply
with section 13 is guilty of an offence.
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| Non-complian
ce with
requirement
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(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.
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| False or
misleading
information
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30. (1) Every person is guilty of an offence
if they knowingly provide the Minister with
false or misleading information
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(a) about the health or environmental risks
or the value of a pest control product; or
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(b) in response to a notice delivered under
this Act.
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| False or
misleading
tests
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(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.
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| Non-complian
ce with
conditions of
registration
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31. (1) A registrant who does not comply
with the conditions of registration is guilty of
an offence.
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| Non-complian
ce with other
conditions
and
requirements
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(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.
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| Punishment
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32. Every person who commits an offence
under any of sections 29 to 31 is liable
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(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
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(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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| Export control
list
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33. (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.
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| Prohibition
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(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.
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| Application
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(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.
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| Authorization
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(4) The Minister may authorize an applicant
to export a pest control product to a specified
country if
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(a) the applicant satisfies the Minister that
the prescribed requirements for the
authorization are or will be met; and
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(b) the proposed export is not prohibited
under any other Act of Parliament.
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| Conditions
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(5) The authorization is subject to any
conditions that the Minister considers
necessary for carrying out the purposes of this
Act.
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| Public notice
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(6) The Minister shall give public notice of
the authorization.
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| Offence and
punishment
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(7) Every person who contravenes
subsection (2) or who knowingly provides
false or misleading information in connection
with an authorization is guilty of an offence
and liable
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(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
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(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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| Amendment,
suspension or
cancellation
|
34. (1) The Minister may amend, suspend or
cancel an authorization to export a pest
control product if the Minister
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(a) has reasonable grounds to believe that a
prescribed requirement of the authorization
is not or will not be met;
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(b) has reasonable grounds to believe that
the conditions to which the authorization is
subject have not been or will not be met; or
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(c) becomes aware of additional
information about the health or
environmental risks of the pest control
product.
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| Representatio
ns
|
(2) Before amending or cancelling an
authorization or after suspending one, the
Minister shall give the authorized person a
reasonable opportunity to make
representations.
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| Decision
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(3) After considering any representations
that may be made by the authorized person,
the Minister shall reinstate, amend or cancel
the authorization.
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| Public notice
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(4) The Minister shall give public notice of
the amendment or cancellation of an
authorization.
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| Notice of
objection to
registration
decisions
|
35. (1) Any person may file with the
Minister, in the form and manner directed by
the Minister, a notice of objection to a decision
referred to in paragraph 28(1)(a) or (b) within
60 days after the decision statement referred to
in subsection 28(5) is made public.
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| Notice of
objection to
authorization
decisions
|
(2) Any person may file with the Minister,
in the form and manner directed by the
Minister, a notice of objection to a decision to
authorize the export of a pest control product
or to amend or cancel an authorization within
60 days after a notice referred to in subsection
33(6) or 34(4) is made public.
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| Establishment
of review
panel
|
(3) After receiving a notice of objection, the
Minister may, in accordance with the
regulations, if any, establish a panel of one or
more persons to review the decision and to
recommend whether the decision should be
confirmed, reversed or varied.
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| Notice of
review panel
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(4) The Minister shall give public notice of
the establishment of a review panel.
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| Reasons to be
provided if
panel not
established
|
(5) If the Minister does not establish a panel,
the Minister shall provide written reasons
without delay to the person who filed the
notice of objection.
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| Terms of
reference and
procedure
|
(6) The Minister may determine the terms
of reference of a review panel and the
procedure for the review, and may at any time
change them.
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| Representatio
ns
|
(7) A review panel shall give any person a
reasonable opportunity to make
representations in respect of the decision
under review, in accordance with the terms of
reference.
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| Public access
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(8) Subject to subsections 44(3) and (6), the
hearings of a review panel shall be open to the
public.
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| Information to
be placed in
Register
|
(9) A review panel shall give the
information submitted to it to the Minister,
who shall place it in the Register.
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| No automatic
suspension of
decisions
|
36. The filing of a notice of objection or the
establishment of a review panel does not
suspend the decision under review, but the
Minister may suspend the decision until a final
decision is made on completion of the review
or until the review panel is dissolved.
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| Withdrawal of
notice of
objection
|
37. The Minister may dissolve a review
panel if all notices of objection are withdrawn
by the persons who filed them.
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| Report
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38. (1) As soon as possible after the
conclusion of a review, the review panel shall
submit to the Minister a report stating its
recommendations and the reasons for them.
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| Register
|
(2) The Minister shall place the review
panel's report in the Register.
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| Confirmation,
reversal or
variation of
decision
|
39. (1) After considering the
recommendations of a review panel, the
Minister shall confirm, reverse or vary the
decision under review, but the confirmation,
reversal or variation must not result in the
registration, either initial or continued, of a
pest control product unless the Minister
considers that its health and environmental
risks and its value are acceptable.
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| Public notice
of decision
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(2) The Minister shall make public the
confirmation, reversal or variation of the
decision, the reasons for confirmation,
reversal or variation and a summary of the
information considered by the Minister,
including any confidential test data that the
Minister considers to be in the public interest.
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| False or
misleading
tests or
information
|
40. (1) Every person is guilty of an offence
if they
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(a) knowingly provide a review panel with
false or misleading information about the
health or environmental risks or the value of
a pest control product; or
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(b) falsely claim to have conducted a test
relating to the health or environmental risks
or 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.
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable
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(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
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(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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| Authorization
|
41. (1) The Minister may, in accordance
with the regulations and subject to any
conditions that the Minister may specify,
authorize a person to use an unregistered pest
control product for a specified purpose.
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| Conditions
|
(2) The Minister shall authorize the use of
a pest control product if the Minister considers
that use of the product for the specified
purpose in accordance with any conditions
specified does not pose unacceptable health or
environmental risks.
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| Suspension
|
(3) The Minister may suspend an
authorization if the Minister has reasonable
grounds to believe that the conditions to which
the authorization is subject have not been or
will not be met or that the continuance of the
authorization poses unacceptable health or
environmental risks.
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| Representatio
ns
|
(4) After suspending an authorization, the
Minister shall give the authorized person a
reasonable opportunity to make
representations.
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| Decision
|
(5) After considering any representations
that may be made by the authorized person,
the Minister shall reinstate, amend or cancel
the authorization.
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| Offence and
punishment
|
(6) Every person who fails to comply with
the conditions of an authorization issued
under this section is guilty of an offence and
liable
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(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
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(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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