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| Inspector may
require
measures
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57. (1) If an inspector has reasonable
grounds to believe that a person has
contravened this Act or the regulations, he or
she may require the person
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(a) to stop or shut down any activity or thing
involved in the contravention; and
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(b) to take any other measures that the
inspector considers necessary to prevent
further contravention, including
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(i) modifying a pest control product or its
labelling or disposing of the product so as
to comply with this Act and the
regulations, and
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(ii) manufacturing, handling, storing,
transporting, importing, exporting,
packaging, distributing or using a
registered pest control product in
accordance with the conditions of
registration.
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| Duration of
requirement
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(2) A requirement under subsection (1) may
apply for a specified period or until the
inspector is satisfied that no further
contravention is likely to take place.
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| Notice
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(3) A requirement under subsection (1)
shall be communicated by delivering a written
notice to the registrant or, as the case may be,
to the owner or person who has the possession,
care or control of the pest control product,
activity or thing that was involved in the
contravention and the notice must be
accompanied by a statement of the reasons for
the requirement.
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| Offence and
punishment
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(4) Every person who fails to comply with
a requirement in a notice delivered under
subsection (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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| Prosecutions
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(5) A requirement under subsection (1) may
be imposed whether or not the person has been
charged with an offence relating to the
contravention, but if the person is charged, the
requirement may be confirmed, varied or
rescinded by the court that tries the offence.
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| Disposal of
samples
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58. A sample taken under this Act or the
regulations may be disposed of as an inspector
or analyst may direct.
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| Inspectors
may take
measures to
control risks
|
59. (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.
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| Measures
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(2) The inspector may
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(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;
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(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
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(c) authorize any other person to exercise
the powers described in paragraph (b).
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| Notice
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(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
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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 required action
must be taken.
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| 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
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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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| Request for
review
|
60. (1) Subject to this section, a requirement
in respect of which notice has been delivered
under subsection 53(2), 57(3) or 59(3) shall be
reviewed on the written request of the person
to whom the notice was delivered.
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| Contents of
and time for
making
request
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(2) A request under subsection (1) shall
state the grounds for the request and the
decision that is requested and must be
delivered to the Minister within 10 days after
the date on which the notice referred to in that
subsection was delivered to the person who
made the request.
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| Reviewer
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(3) A review requested under subsection (1)
may be conducted by the inspector who
delivered the notice or by any other inspector
or official to whom the review is assigned.
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| Refusal when
grounds
already
considered
|
(4) A review requested under subsection (1)
may be refused if the request does not comply
with subsection (2) or if the grounds stated in
the request were presented to and considered
by the inspector before the notice was
delivered.
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| Refusal in
case of
emergency
|
(5) If the reasons in a notice referred to in
subsection (1) include the existence of an
emergency concerning risks to human health
or safety or the environment, the reviewer
may refuse to undertake the review until he or
she is satisfied that there has been sufficient
compliance with the requirement in the notice
to address the emergency.
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| Refusal not
affected by
inspector's
prior
knowledge of
emergency
|
(6) For the purposes of subsection (5), the
reviewer may refuse to undertake the review
no matter how long before delivery of the
notice the inspector had known of the
circumstances concerning the emergency.
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| Reasons for
refusal
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(7) A refusal under subsection (4) or (5)
shall be communicated in writing to the
person who made the request, with reasons for
the refusal.
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| Review
initiated by
inspector
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(8) An inspector who delivers a notice
referred to in subsection (1), or any other
inspector or official assigned to do so, may
review the requirement included in the notice
regardless of whether a request has been made
under that subsection.
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| Conduct of
review
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(9) A review referred to in subsection (1) or
(8) shall be conducted in accordance with the
regulations, if any.
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| Decision on
completion of
review
|
(10) On completion of a review, the
reviewer shall make a decision to confirm,
amend, terminate or cancel the requirement.
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| Notice
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(11) Written notice of the reviewer's
decision under subsection (10), with reasons,
shall be delivered to the person who made the
request or, if there was no request, to the
person to whom the notice referred to in
subsection (1) was, or could have been,
delivered.
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| Delay in
proceedings
under section
61
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(12) An application shall not be made under
section 61 in relation to a requirement until
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(a) the expiry of the 10-day period referred
to in subsection (2) without a review having
been requested under subsection (1);
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(b) a request for a review has been refused
under subsection (4) or (5); or
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(c) a review that has been requested under
subsection (1) and has not been refused
under subsection (4) or (5), or a review that
has been undertaken under subsection (8),
has been completed and action has been
taken under subsection (10).
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| Effect of
amendment
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(13) When the decision under subsection
(10) is to amend a requirement, the notice of
that decision under subsection (11) is deemed,
for the purpose of section 61, to have been
delivered under subsection 53(2), 57(3) or
59(3), as the case may be, and the amended
requirement is subject to review under this
section.
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| Application
for court
order
|
61. If a person fails to comply with a
requirement in respect of which notice has
been delivered under subsection 53(2), 57(3)
or 59(3), the Minister may apply to the Federal
Court or any other court of competent
jurisdiction for an order requiring the person
to comply with the notice or authorizing an
inspector to take any measures the court
considers necessary to ensure compliance
with the notice.
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| Method of
delivery
|
62. (1) Notices or other documents required
or authorized to be delivered under this Act
may be delivered by certified or registered
mail or any other method that provides proof
of delivery.
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| Representativ
e in Canada
|
(2) An applicant for registration of a pest
control product or a registrant, who does not
reside in Canada, shall
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(a) designate a representative who resides
in Canada to whom correspondence and any
notices or documents referred to in
subsection (1) can be sent; and
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(b) inform the Minister in writing of the
designation.
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| Presumption
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(3) Any correspondence, notices or
documents received by the representative
designated under subsection (2) are deemed to
have been received by the applicant or
registrant who designated the representative.
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| Requirement
to
communicate
through
designated
representative
|
(4) The Minister may require an applicant
or registrant referred to in subsection (2) to
conduct any communications with the
Minister through the designated
representative of the applicant or registrant.
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| Refusal of
communicatio
ns
|
(5) Despite any other provision of this Act,
the Minister may refuse to receive or act on
any communication that is not made in
compliance with a requirement made by the
Minister under subsection (4).
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| Statutory
Instruments
Act does not
apply
|
(6) For greater certainty, the Statutory
Instruments Act does not apply in respect of
notices or other documents delivered under
this Act.
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| Recovery of
fees
|
63. Her Majesty in right of Canada may
recover any fee or charge that applies in
relation to the administration of this Act or the
regulations.
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| Charges and
costs for
inspections,
etc.
|
64. (1) Her Majesty in right of Canada may
recover from any person referred to in
subsection (2) any charges under this Act and
any costs incurred by Her Majesty in relation
to the administration of this Act or the
regulations, including
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(a) the inspection, treatment, testing or
analysis of a place, pest control product or
other thing or the storage, removal, disposal
or return of a pest control product or other
thing, required or authorized by this Act or
the regulations;
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(b) the seizure, detention, forfeiture or
disposal of a pest control product or other
thing under this Act or the regulations; and
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(c) any enforcement or risk-control
measures taken by the Minister or an
inspector under this Act or the regulations.
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| Persons liable
|
(2) The following persons are jointly and
severally liable or solidarily liable for the
charges and costs relating to an action or
measure referred to in subsection (1):
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(a) in the case of an action or measure in
respect of a place, the owner and the
occupier of that place; and
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(b) in the case of an action or measure in
respect of a pest control product or other
thing, the owner of that product or thing and
the person who, immediately before the
action or measure was taken, had the
possession, care or control of that pest
control product or thing.
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| Her Majesty
not liable
|
65. If a person must, by or under this Act or
the regulations, do anything or permit an
inspector to do anything, Her Majesty in right
of Canada is not liable for any costs, loss or
damage resulting from the compliance or to
pay any fee, rent or other charge for what is
done, provided, maintained or permitted.
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| Agreements to
determine
compensation
|
66. (1) The Minister shall determine the
terms and conditions of agreements to be
entered into by applicants and registrants for
the purposes of determining compensation
payable for the right to use or rely on
information provided by registrants to the
Minister under this Act.
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| Negotiation
and
arbitration
|
(2) An agreement referred to in subsection
(1) shall be entered into, and provide for the
determination of compensation payable
through negotiation and binding arbitration, in
accordance with the regulations made under
paragraph 67(1)(h).
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| Commercial
Arbitration
Act applies
|
(3) Subject to this section, the Commercial
Arbitration Act applies to an arbitration for the
purposes of this section and the regulations.
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| Exception
|
(4) Subsection 5(2) of the Commercial
Arbitration Act does not apply to an
arbitration referred to in subsection (3).
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| Regulations
|
(5) Regulations made by the Minister of
Justice under section 9 of the Commercial
Arbitration Act apply to an arbitration referred
to in subsection (3) unless the parties
otherwise agree.
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