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Bill C-8

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REGULATIONS

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;

    (f.1) respecting minor uses of a pest control product and defining ``minor use'' for the purposes of this Act and the regulations;

    (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.

OFFENCES AND PUNISHMENT

General

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.

Related Provisions

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.