Bill C-8
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ACCESS TO INFORMATION |
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Register
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42. (1) The Minister shall establish and
maintain a Register of Pest Control Products
in accordance with the regulations, if any, that
contains information about pest control
products, including information about
applications, registrations, re-evaluations and
special reviews.
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Contents of
Register
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(2) The Register shall contain the following
information:
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Evaluation
reports
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(3) An evaluation report referred to in
paragraph (2)(f) shall contain a summary of
the information considered and shall contain
any confidential test data and confidential
business information that the Minister
considers appropriate.
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Public access
to information
in the Register
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(4) The Minister shall allow the public to
have access to, and copies of, any information
in the Register that
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Access to
evaluation
reports
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(5) The Minister shall allow the public to
obtain a copy of any evaluation report in the
Register, except for any confidential business
information that it contains.
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Means of
access to
information in
Register
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(6) Information in the Register that the
public may obtain a copy of under this Act or
the regulations shall be made available to the
public in as convenient a manner as
practicable.
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Electronic
public registry
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(7) The Minister shall establish an
electronic public registry, which shall include
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Consultation
with public
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42.1 The public shall be consulted as to
policies, guidelines and codes of practice
relating to the regulation of pest control
products.
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Confidential
test data
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43. (1) A person who wishes to inspect
confidential test data in the Register must
submit to the Minister
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Right to
inspection
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(2) The Minister shall permit the person to
inspect confidential test data in the Register if
the Minister is satisfied that the person does
not intend to
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Notice to
registrant
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(2.1) If the Minister permits a person to
inspect confidential test data in the Register,
the Minister shall make a reasonable effort to
immediately notify any registrant who
provided the data that the Minister has
permitted a person to inspect the data.
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Denial of
application
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(3) The Minister shall deny an application
if the Minister is satisfied that
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Confidential
business
information
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(4) Subject to subsections (5) and (6),
confidential business information is
information provided under this Act that is
designated as confidential business
information by the person who provided it, or
information provided under the Pest Control
Products Act, chapter P-9 of the Revised
Statutes of Canada, 1985, and that concerns
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Formulants
and
contaminants
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(5) Unless otherwise excluded by the
regulations, if any, made under paragraph
67(1)(n), confidential business information
also includes information that
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Designation
not
satisfactory
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(6) If the Minister decides that information
designated under subsection (4) or (5) does not
meet the requirements of that subsection, the
information is not confidential business
information for the purposes of this Act.
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Notice
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(7) If the Minister decides that designated
information is not confidential business
information, the Minister shall give written
notice to the person who provided the
information of the decision and the reasons for
it.
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Interpretation
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(8) Nothing in this Act shall be construed as
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Offence and
punishment
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(9) Every person who makes a false
statement in an affidavit or a statutory
declaration referred to in subsection (1) is
guilty of an offence and liable
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Permitted
disclosure
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44. (1) The Minister may, in accordance
with the regulations, if any, disclose
confidential test data or confidential business
information that has been provided under this
Act or is in the Register to
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Protection of
disclosed
information
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(2) Before disclosing information under
paragraph (1)(b), the Minister must be
satisfied that the party to the agreement, other
than Her Majesty in right of Canada or an
agent of Her Majesty, can provide protection
from unfair commercial use or disclosure of
the information that is consistent with the
protection provided under this Act.
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Prohibition
against
disclosure
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(3) No person shall disclose information
obtained under subsection (1) unless
authorized by the person who provided the
information to the Minister or unless
authorized under the Access to Information
Act, this Act or the regulations.
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Prohibition
against use
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(4) No person shall use information
obtained under subsection (1) for any purpose
other than the purpose for which it was
obtained, unless authorized by the person who
provided the information to the Minister.
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Offence and
punishment
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(5) Every person who contravenes
subsection (3) or (4) is guilty of an offence and
liable
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Security
measures
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(6) Every person who obtains information
under subsection (1) shall comply with any
prescribed security measures and take all
reasonable precautions to avoid any
prohibited disclosure of the information.
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Offence and
punishment
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(7) Every person who contravenes
subsection (6) is guilty of an offence and liable
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