|
|
|
|
| Regulations
- Governor
in Council
|
67. (1) The Governor in Council may make
regulations
|
|
|
|
(a) prescribing policies of the Government
of Canada that are consistent with the
objectives of this Act for the purposes of the
definition ``government policy'' in section
2;
|
|
|
|
(b) prescribing the nomenclature of pests
and pest control products for the purposes of
this Act;
|
|
|
|
(c) respecting the information and other
things that must accompany an application
made under section 7 or 10;
|
|
|
|
(d) respecting standards of laboratory
practice to be used in conducting tests to
obtain information about pest control
products, certification of compliance with
those standards, inspection and audit of
compliance and the consequences of a
failure to comply;
|
|
|
|
(e) respecting the evaluation of the health or
environmental risks or the value of pest
control products;
|
|
|
|
(f) respecting the registration of pest control
products, including the types of registration
for classes of products, and, for each type,
|
|
|
|
(i) the criteria and characteristics, and
|
|
|
|
(ii) the period or maximum period for
which the registration is valid, which
periods may be either finite or indefinite;
|
|
|
|
(g) stating which requirements of the
regulations are conditions of registration;
|
|
|
|
(h) respecting the circumstances and
conditions under which information
provided to the Minister by registrants may
be used or relied upon in relation to
applications or registrations of other
persons, including distinctions among the
rights of registrants based on the purposes
for which the information was provided to
the Minister;
|
|
|
|
(i) respecting the Pest Control Products
Export Control List, authorizations to
export pest control products and the
amendment, suspension and cancellation of
authorizations;
|
|
|
|
(j) respecting review panels, including their
establishment, the selection and
remuneration of panel members and the
travel and living expenses to which they are
entitled;
|
|
|
|
(k) respecting authorizations to use
unregistered pest control products for
specific purposes and the amendment,
suspension and cancellation of
authorizations;
|
|
|
|
(l) respecting the Register, including
information that is to be included in the
Register and public access to the
information;
|
|
|
|
(m) respecting the public disclosure of
confidential test data;
|
|
|
|
(n) prescribing information that is to be
excluded in whole or in part from the
application of subsection 43(5);
|
|
|
|
(o) respecting the manufacture, possession,
handling, storage, transport, import, export,
distribution, use or disposal of pest control
products;
|
|
|
|
(p) prescribing standards for pest control
products, including standards relating to
their form and composition;
|
|
|
|
(q) respecting the measures to be taken to
facilitate the recognition of pest control
products by a change in colouration or other
means;
|
|
|
|
(r) respecting the packaging and
advertising of pest control products;
|
|
|
|
(s) respecting the provision of product
safety information;
|
|
|
|
(t) respecting the keeping of records by
registrants, manufacturers, importers,
exporters, distributors and users of pest
control products in relation to the products
that they manufacture, store, import,
export, distribute, use or dispose of and the
requirements for making those records
available to the Minister;
|
|
|
|
(u) respecting the recording by registrants
of information on sales of pest control
products, the retention and reporting to the
Minister of such information by registrants
and former registrants and the use of such
information by the Minister;
|
|
|
|
(v) respecting the taking of samples and the
conduct of analyses for the purposes of this
Act;
|
|
|
|
(w) respecting the inspection and operation
of establishments in which registered pest
control products are manufactured;
|
|
|
|
(x) respecting the preservation and
detention of pest control products and any
other things seized by an inspector;
|
|
|
|
(y) respecting the destruction or disposition
of pest control products or any other thing
forfeited or authorized to be disposed of
under this Act;
|
|
|
|
(z) respecting reviews under section 60;
|
|
|
|
(z.1) respecting the delivery or transmission
of documents under this Act, including the
transmission of documents in electronic
form;
|
|
|
|
(z.2) respecting fees and charges in relation
to the administration of this Act or the
regulations;
|
|
|
|
(z.3) for the purpose of implementing, in
relation to pest control products,
international agreements that affect those
products;
|
|
|
|
(z.4) exempting pest control products,
persons or activities from the application of
all or any of the provisions of this Act or the
regulations, and prescribing the conditions
under which they are exempt
|
|
|
|
(i) for the purpose of facilitating
scientific research or dealing with
emergency situations, or
|
|
|
|
(ii) if the Governor in Council is satisfied
that the exempted products, persons or
activities are sufficiently regulated under
another Act or that the purposes of this
Act can be met without applying the
provision; and
|
|
|
|
(z.5) prescribing anything that by this Act is
to be prescribed and generally for carrying
out the purposes and provisions of this Act.
|
|
| Incorporation
by reference
|
(2) For greater certainty, regulations made
under paragraph (1)(d) or (p) that incorporate
a standard by reference may incorporate the
standard as amended to a certain date or from
time to time.
|
|
| Regulations re
NAFTA and
WTO
Agreement
|
(3) Without limiting the authority conferred
by subsection (1), the Governor in Council
may make any regulations that the Governor
in Council deems necessary for the purpose of
implementing, in relation to pest control
products, Article 1711 of the North American
Free Trade Agreement or Article 39(3) of the
Agreement on Trade-related Aspects of
Intellectual Property Rights set out in Annex
1C to the WTO Agreement.
|
|
| Definitions
|
(4) The definitions in this subsection apply
in subsection (3).
|
|
``North
American
Free Trade
Agreement''
« Accord de
libre-échange
nord-américai
n »
|
``North American Free Trade Agreement'' has
the same meaning as ``Agreement'' in
subsection 2(1) of the North American Free
Trade Agreement Implementation Act.
|
|
``WTO
Agreement''
« Accord sur
l'OMC »
|
``WTO Agreement'' has the same meaning as
``Agreement'' in subsection 2(1) of the
World Trade Organization Agreement
Implementation Act.
|
|
|
|
|
|
|
|
|
|
| Contravention
causing risk
or harm
|
68. (1) Every person is guilty of an offence
if, in contravening this Act or the regulations,
they cause
|
|
|
|
(a) a risk of imminent death or serious
bodily harm to another person;
|
|
|
|
(b) a risk of substantial harm to the
environment; or
|
|
|
|
(c) harm to the environment.
|
|
| Punishment
|
(2) Every person who commits an offence
under subsection (1) is 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; and
|
|
|
|
(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.
|
|
| Offence
committed
wilfully or
recklessly
|
(3) Every person is guilty of an offence if,
while contravening this Act or the regulations,
they wilfully or recklessly cause
|
|
|
|
(a) a risk of imminent death or serious
bodily harm to another person;
|
|
|
|
(b) a risk of substantial harm to the
environment; or
|
|
|
|
(c) harm to the environment.
|
|
| Punishment
|
(4) Every person who commits an offence
under subsection (3) is liable
|
|
|
|
(a) on summary conviction, to a fine of not
more than $300,000 or to imprisonment for
a term of not more than six months, or to
both; and
|
|
|
|
(b) on conviction on indictment, to a fine of
not more than $1,000,000 or to
imprisonment for a term of not more than
three years, or to both.
|
|
| Contravention
of regulations
|
69. Every person who contravenes a
provision of the regulations 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; and
|
|
|
|
(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.
|
|
|
|
|
|
| Officers, etc.,
of
corporations
|
70. (1) If a corporation commits an offence
under this Act, any officer, director or agent of
the corporation who directed, authorized,
assented to, acquiesced in or participated in
the commission of the offence is a party to and
guilty of the offence and liable on conviction
to the punishment provided for the offence,
whether or not the corporation has been
prosecuted or convicted.
|
|
| Duty to
ensure
compliance
|
(2) Every director and officer of a
corporation shall take all reasonable care to
ensure that the corporation complies with this
Act and the regulations.
|
|
| Offence and
punishment
|
(3) Every person who contravenes
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.
|
|
| Offence by
employee or
agent
|
71. In a prosecution for an offence under
this Act, it is sufficient proof of the offence to
establish that it was committed by an
employee or agent of the accused, whether or
not the employee or agent is identified or has
been prosecuted for the offence, unless the
accused establishes that
|
|
|
|
(a) the offence was committed without the
knowledge or consent of the accused; and
|
|
|
|
(b) the accused exercised all due diligence
to prevent its commission.
|
|
| Continuing
offence
|
72. If an offence under this Act is continued
on more than one day, the person who
committed it is liable to be convicted for a
separate offence for each day on which it is
continued.
|
|
| Limitation
period
|
73. (1) A proceeding by way of summary
conviction in respect of an offence under this
Act may be commenced at any time within
two years after the day on which the Minister
became aware of the subject-matter of the
proceedings.
|
|
| Minister's
certificate
|
(2) A document purporting to have been
issued by the Minister, certifying the day on
which the Minister became aware of the
subject-matter of the proceedings, is evidence
of that fact without proof of the signature or
official character of the person appearing to
have signed it and without further proof.
|
|
| Venue
|
74. An information in respect of an offence
under this Act may be tried, determined or
adjudged by a summary conviction court if the
defendant is resident or carrying on business
within the territorial division of the court,
even though the matter of the information did
not arise in that territorial division.
|
|
| Analysis and
examination
|
75. (1) An inspector may submit to an
analyst for analysis or examination any pest
control product or other thing seized by the
inspector, any sample taken from that product
or thing, or any other sample taken by the
inspector.
|
|
| Certificate of
analyst
|
(2) A certificate of an analyst stating that
the analyst has analysed or examined a pest
control product or other thing or a sample and
stating the result of the analysis or
examination is evidence of the statements
contained in the certificate without proof of
the signature or the official character of the
person appearing to have signed it.
|
|
| Attendance of
analyst
|
(3) The party against whom the certificate
is produced may, with leave of the court,
require the attendance of the analyst for the
purpose of cross-examination.
|
|
| Notice
|
(4) The certificate shall not be received in
evidence unless the party who intends to
produce it has given the party against whom it
is intended to be produced reasonable notice
of that intention, together with a copy of the
certificate.
|
|
| Suspended
sentence
|
76. When an offender is convicted of an
offence under this Act, the court may suspend
the passing of sentence and may make an order
that the offender comply with any condition
that has any or all of the effects described in
section 77.
|
|
| Orders of
court
|
77. (1) When an offender is convicted of an
offence under this Act, the court may, having
regard to the nature of the offence and the
circumstances surrounding its commission, in
addition to any other punishment that may be
imposed under this Act, make an order that has
any or all of the following effects:
|
|
|
|
(a) prohibiting the offender from
committing an act or engaging in an activity
that may, in the opinion of the court, result
in the continuation or repetition of the
offence;
|
|
|
|
(b) directing the offender to take any
measures that the court considers
appropriate to avoid harm to human health
or the environment that results from or may
result from the act or omission that
constituted the offence, or to remedy that
harm;
|
|
|
|
(c) directing the offender to pay the victim,
within the period that the court considers
reasonable, an amount of money to cover
the loss or damage that resulted from the
offence;
|
|
|
|
(d) directing the offender to publish, in any
manner that the court directs, at the
offender's own expense, the facts relating
to the offence and an apology for any harm
caused by the offence;
|
|
|
|
(e) directing the offender, at the offender's
own expense, to notify any person who is
aggrieved or affected by the offender's
conduct of the facts relating to the
conviction;
|
|
|
|
(f) directing the offender to post a bond or
pay an amount of money into court that the
court considers appropriate to ensure
compliance with any condition required
under this section;
|
|
|
|
(g) directing the offender to submit to the
Minister, on application by the Attorney
General of Canada made within three years
after the conviction, any information with
respect to the offender's activities that the
court considers appropriate in the
circumstances;
|
|
|
|
(h) directing the offender to compensate the
Minister, in whole or in part, for the cost of
any remedial or preventive measure taken
by the Minister as a result of the act or
omission that constituted the offence;
|
|
|
|
(i) directing the offender to perform
community service, subject to any
reasonable conditions that may be imposed
by the court;
|
|
|
|
(j) directing the offender to pay an amount
that the court considers appropriate for the
purpose of conducting research; and
|
|
|
|
(k) requiring the offender to comply with
any other conditions that the court
considers appropriate in the circumstances
for securing the offender's good conduct
and for preventing the offender from
repeating the same offence or committing
another offence under this Act.
|
|
| Coming into
force and
duration of
order
|
(2) An order made under section 76 or
subsection (1) comes into force on the day on
which the order is made or on any other day
that the court may determine, but shall not
continue in force for more than three years
after that day.
|
|