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| Appointment
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45. (1) Subject to subsection (2), inspectors
and analysts shall be appointed for the
purposes of this Act and the regulations in
accordance with the Public Service
Employment Act.
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| Designation
of inspectors
and analysts
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(2) For the purposes of this Act, the Minister
may designate qualified persons, either
individually or as a class, to act as inspectors
or analysts in relation to any matter referred to
in the designation, but
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(a) no person who is employed in a
department other than the Department of
Health may be designated without the
approval of the minister responsible for the
department in which the person is
employed; and
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(b) no person who is employed by the
government of a province may be
designated without the approval of that
government.
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| Inspector's
certificate of
designation
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(3) An inspector shall be provided with a
certificate in a form established by the
Minister certifying the inspector's
designation and, on entering any place under
the authority of this Act, the inspector shall
show the certificate to the person in charge of
the place if the person requests proof of the
designation.
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| Obstruction of
inspectors
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46. (1) No person shall resist or wilfully
obstruct an inspector or make a false or
misleading statement either orally or in
writing to an inspector who is carrying out
duties or functions under this Act.
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| Inspection of
records
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(2) A person who is required by this Act or
the regulations to keep records shall make
them available to an inspector on request.
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| Offence and
punishment
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(3) Every person who contravenes 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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| Report of
contravention
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47. (1) A person who knows about a
contravention of this Act or the regulations, or
the reasonable likelihood of such a
contravention, may report any information
relating to the contravention to an inspector.
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| Confidentialit
y
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(2) When making a report, the person may
request that their identity and any information
that could reasonably reveal their identity not
be disclosed, and no person shall disclose or
permit the disclosure of that identity or
information unless the person who made the
request authorizes the disclosure in writing.
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| Protection of
person
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(3) Despite any other Act of Parliament, no
person shall dismiss, suspend, demote,
discipline, deny a benefit of employment to,
harass or otherwise disadvantage a person for
having
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(a) made a report under subsection (1);
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(b) refused or stated an intention of refusing
to do anything that the person reasonably
believed was or would be a contravention
under this Act; or
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(c) done or stated an intention of doing
anything that the person reasonably
believed was required by or under this Act.
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| Offence and
punishment
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(4) Every person who contravenes
subsection (2) or (3) 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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| Powers of
inspectors
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48. (1) For the purpose of ensuring
compliance with this Act and the regulations,
an inspector may
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(a) subject to section 49, at any reasonable
time, enter and inspect any place, or stop
any means of transport, in which the
inspector believes on reasonable grounds
there is a pest control product or other thing
to which this Act or the regulations apply;
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(b) open and examine any receptacle,
package or other thing that the inspector
believes on reasonable grounds contains a
pest control product or other thing to which
this Act or the regulations apply and take
samples from it;
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(c) require any person to present any pest
control product or other thing for inspection
in any manner and under any conditions that
the inspector considers necessary to
conduct an inspection;
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(d) require any person to produce for
inspection or copying, in whole or in part,
any record or other document that the
inspector believes on reasonable grounds
contains information relevant to the
administration of this Act or the
regulations; and
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(e) conduct any tests or analyses or take any
measurements.
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| Operation of
data
processing
systems and
copying
equipment
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(2) In conducting an inspection at a place,
an inspector may
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(a) use or cause to be used any data
processing system at the place to examine
any data contained in or available to the
system;
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(b) reproduce any record or cause it to be
reproduced from the data in the form of a
print-out or other intelligible output and
take the print-out or other output for
examination or copying; and
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(c) use or cause to be used any copying
equipment at the place to make copies of
any record or other document.
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| Warrant
required to
enter
dwelling-plac
e
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49. (1) An inspector may not enter a
dwelling-place except with the consent of its
occupant or under the authority of a warrant.
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| Authority to
issue warrant
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(2) If on ex parte application a justice is
satisfied by information on oath that
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(a) the conditions for entry described in
section 48 exist in relation to a
dwelling-place,
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(b) entry to the dwelling-place is necessary
for a purpose relating to the administration
of this Act or the regulations, and
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(c) entry to the dwelling-place has been
refused or there are reasonable grounds to
believe that entry will be refused,
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the justice may at any time sign and issue a
warrant authorizing the inspector named in it
to enter and inspect the dwelling-place,
subject to any conditions that may be specified
in the warrant.
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| Use of force
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(3) An inspector who executes a warrant
shall not use force unless he or she is
accompanied by a peace officer and the use of
force is specifically authorized in the warrant.
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| Assistance to
inspectors
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50. (1) The owner or the person in charge of
a place entered by an inspector under section
48 or 49 or under a warrant issued under
section 487 of the Criminal Code and any
person found in the place shall
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(a) give the inspector all reasonable
assistance in their power to enable the
inspector to perform duties and functions
under this Act or the regulations; and
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(b) provide the inspector with any
information relevant to the administration
of this Act or the regulations that the
inspector may reasonably require.
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| Offence and
punishment
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(2) Every person who contravenes
subsection (1) 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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| When warrant
not necessary
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51. (1) For the purpose of ensuring
compliance with this Act and the regulations,
an inspector may exercise the powers of
search and seizure provided for in section 487
of the Criminal Code without a warrant if the
conditions for obtaining a warrant exist but, by
reason of exigent circumstances, it would not
be practical to obtain one.
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| Additional
powers during
search
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(2) In conducting a search under subsection
(1) or under section 487 of the Criminal Code,
an inspector may exercise the powers
described in section 48.
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| Inspector may
seize
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52. (1) An inspector conducting an
inspection under section 48, 49 or 51 may
seize and detain any pest control product or
other thing if he or she has reasonable grounds
to believe that
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(a) it was involved in a contravention of this
Act or the regulations; or
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(b) it will afford evidence in respect of a
contravention of this Act or the regulations.
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| Communicate
reasons
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(2) After seizing a pest control product or
other thing, the inspector shall, as soon as
practicable, take any measures that are
necessary in the circumstances to advise the
owner 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, of the reason for
the seizure and the place where the product is
being stored.
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| Storage and
removal
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53. (1) An inspector or any person
designated by an inspector may
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(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
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(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.
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| Notice
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(2) A requirement under paragraph (1)(b)
shall be communicated by delivering a written
notice to the owner or person and the notice
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(a) must include a statement of the reasons
for the requirement; and
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(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.
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| 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
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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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| Interference
with seized
things
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(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.
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| Offence and
punishment
|
(5) Every person who contravenes
subsection (4) 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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| Application of
certain
provisions of
Criminal
Code
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54. Subsections 489.1(2) and (3) and
section 490 of the Criminal Code apply in
respect of a pest control product or other thing
seized by an inspector, except that
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(a) the references in subsection 490(1) of
that Act to ``the prosecutor'' shall be read as
references to ``the prosecutor or inspector'';
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(b) the reference in subsection 490(2) of
that Act to ``a period of not more than three
months'' shall be read as a reference to ``a
period of not more than six months'';
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(c) the references in section 490 of that Act
to ``proceedings'' shall be read as
references to ``proceedings or proceedings
in respect of violations''; and
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(d) if proceedings relating to the seized
thing are commenced in respect of a
violation, the justice before whom the thing
was brought or to whom its seizure was
reported shall forward the seized thing to
the Minister to be detained and disposed of
under section 22 of the Agriculture and
Agri-Food Administrative Monetary
Penalties Act or under subsection 55(3) of
this Act.
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| Forfeiture on
consent
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55. (1) At the election of Her Majesty in
right of Canada, a pest control product or other
thing seized by an inspector is forfeited to Her
Majesty in right of Canada if the owner
consents in writing to its forfeiture.
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| Forfeiture by
court order
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(2) If the Review Tribunal, continued by
subsection 4.1(1) of the Canada Agricultural
Products Act, decides that a person has
committed a violation, or if an offender is
convicted of an offence under this Act, the
Tribunal or the court, as the case may be, may,
in addition to imposing a penalty or
punishment, order that a pest control product
or other thing that was involved in the
violation or offence be forfeited to Her
Majesty in right of Canada, unless the product
or thing has been returned to its owner or
another person.
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| Directions of
Minister
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(3) A pest control product or other thing that
is forfeited under this section shall be disposed
of as the Minister directs.
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| Return of
seized things
|
56. (1) A seized pest control product or
other thing shall be returned to its owner or the
person who had the possession, care or control
of the product at the time of its seizure if it has
not been forfeited at the final conclusion of
proceedings in respect of a violation or an
offence under this Act.
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| Exception
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(2) A seized pest control product or other
thing may be
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(a) detained pending the payment of any
fine or penalty imposed on its owner or the
person who had the possession, care or
control of it at the time of seizure; or
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(b) sold in satisfaction of the fine or penalty.
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