| 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.
|
|
| Publication
|
(3) If an offender does not comply with an
order requiring the publication of facts
relating to the offence, the Minister may
publish the facts and recover the costs of
publication from the offender.
|
|
| Debt due to
Her Majesty
|
(4) If the court orders the offender to
compensate the Minister or if the Minister
incurs publication costs under paragraph
(1)(h) or subsection (3), the costs incurred by
the Minister constitute a debt due to Her
Majesty in right of Canada and may be
recovered in a court of competent jurisdiction.
|
|
| Additional
fine
|
78. When an offender has been convicted of
an offence under this Act, the court may order
the offender to pay, in addition to any fine that
may otherwise be imposed under this Act, a
fine equal to three times the court's estimation
of any monetary benefits that the court is
satisfied the offender gained as a result of the
commission of the offence.
|
|
| Publication of
information
about
contravention
s
|
79. (1) The Minister may publish
information about any contravention of this
Act or the regulations, including a
contravention designated as a violation under
the Agriculture and Agri-Food Administrative
Monetary Penalties Act, for the purpose of
encouraging voluntary compliance with this
Act and the regulations.
|
|
| Publication of
personal
information
|
(2) The information published under
subsection (1) may include personal
information as defined in section 3 of the
Privacy Act.
|
|
|
|
REPORT TO PARLIAMENT |
|
| Annual report
|
80. (1) The Minister shall, as soon as
possible after the end of each fiscal year,
prepare and cause to be laid before each House
of Parliament a report on the administration
and enforcement of this Act for that year.
|
|
| Contents
|
(2) The Minister shall include in the annual
report, for the fiscal year covered by the
report,
|
|
|
|
|
|
|
|
|
|
| Permanent
review of Act
|
80.1 (1) The administration of this Act
shall, every 7 years after the day on which
section 1 comes into force, stand referred to
such committee of the House of Commons, of
the Senate or of both Houses of Parliament as
may be designated or established for that
purpose.
|
|
| Review and
report
|
(2) The committee designated or
established for the purposes of subsection (1)
shall, as soon as practicable, undertake a
comprehensive review of the provisions and
operation of this Act and shall, within one year
after the review is undertaken or within such
further time as the House of Commons, the
Senate or both Houses of Parliament, as the
case may be, may authorize, submit a report
thereon, including a statement of any changes
to this Act or its administration that the
committee would recommend.
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| Applications
under
repealed Act
|
81. (1) This Act and the regulations apply
to an application for the registration of a
pest control product or for an amendment
to its registration made under the Pest
Control Products Act, chapter P-9 of the
Revised Statutes of Canada, 1985, before
the day on which section 1 comes into force
if no decision to grant or deny the
application has been made in respect of that
application on or before that day. In any
case, paragraph 28(1)(a) and subsection
35(1) do not apply to applications made
before April 1, 1995.
|
|
| Pest control
products
registered
under
repealed Act
|
(2) This Act and the regulations apply to
all registrations under the Pest Control
Products Act, chapter P-9 of the Revised
Statutes of Canada, 1985, that are in effect
on the day on which section 1 comes into
force, except that paragraphs 42(2)(c) to (f)
apply only to registrations in respect of
which the public has been consulted under
this Act in accordance with paragraph
28(1)(a) or (b).
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|
| 1995, c. 40
|
Agriculture and Agri-Food Administrative Monetary Penalties Act |
|
|
|
82. The definition ``Minister'' in section
2 of the Agriculture and Agri-Food
Administrative Monetary Penalties Act is
replaced by the following:
|
|
| ``Minister''
« ministre »
|
``Minister'' means the Minister of Agriculture
and Agri-Food, except that, in relation to a
violation involving a contravention of the
Pest Control Products Act, it means the
Minister of Health;
|
|
| R.S., c. F-9
|
Feeds Act |
|
|
|
83. Paragraph 5(h) of the Feeds Act is
replaced by the following:
|
|
|
|
|
|
| R.S., c. F-10
|
Fertilizers Act |
|
| 1993, c. 44,
s. 155
|
84. Paragraph 5(1)(h) of the Fertilizers
Act is replaced by the following:
|
|
|
|
|
|
| R.S., c. H-3
|
Hazardous Products Act |
|
| R.S., c. 24
(3rd Supp.),
s. 1, c. 15 (4th
Supp.), s. 9(2)
|
85. Paragraph 3(1)(c) of the Hazardous
Products Act is replaced by the following:
|
|
|
|
|
|
| R.S., c. 24
(3rd Supp.),
s. 1
|
86. Paragraph 12(c) of the Act is replaced
by the following:
|
|
|
|
|
|
| R.S., c. P-10;
2001, c. 4,
s. 113(F)
|
Pesticide Residue Compensation Act |
|
| 1994, c. 38,
par. 25(1)(x)
|
87. The definition ``Minister'' in section
2 of the Pesticide Residue Compensation Act
is replaced by the following:
|
|
| ``Minister'' « ministre »
|
``Minister'' means the Minister of Health;
|
|
| 1996, c. 8,
par. 32(1)(l)
|
88. Paragraphs 3(1)(a) and (b) of the Act
are replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
REPEAL |
|
| Repeal of
R.S., c. P-9
|
89. The Pest Control Products Act is
repealed.
|
|
|
|
COMING INTO FORCE |
|
| Coming into
force
|
90. The provisions of this Act, and the
provisions of any Act as enacted by this Act,
come into force on a day or days to be fixed
by order of the Governor in Council.
|
|