This enactment enables Canada to implement the Agreement on Trade Facilitation, which was done at Geneva by members of the World Trade Organization, including Canada, on November 27, 2014, as an amendment to Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization.

It amends the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act, to bring them into conformity with Canada’s obligations under the Agreement on Trade Facilitation.

It also makes related amendments to another Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

analyst means Insertion start an individual Insertion end designated as an analyst for the Insertion start purposes Insertion end of this Act under section 28 or under section 13 of the Canadian Food Inspection Agency Act; (analyste)

inspector means Insertion start an individual Insertion end designated as an inspector for the Insertion start purposes Insertion end of this Act under subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act; (inspecteur)

person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)

• a) contient une substance — ou en est recouvert — susceptible de nuire à la santé de Insertion start l’individu Insertion end qui en fait usage :

Insertion start Exécution Insertion end et contrôle d’application

Inspectors

22 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

Storage, movement and disposal

25 An inspector may, in respect of any article seized under this Part,

• (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

• (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

  • (i) the article is perishable, or

  • (ii) the inspector is of the opinion that the article presents a risk of injury to health or safety and that its disposal is necessary to respond to the risk.

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Unclaimed seized articles

26.‍1 (1) An article seized under this Part is, at the election of the Minister or the Minister of Agriculture and Agri-Food, forfeited to Her Majesty in right of Canada if

• (a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person entitled to possess it; or

• (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

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Disposal

(2) A seized article that is forfeited under subsection (1) may be disposed of, as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Forfeiture with consent

27 (1)  Insertion start If Insertion end an inspector has seized an article under this Part and its owner or the person Insertion start having Insertion end possession, Insertion start care or control of it Insertion end at the time of Insertion start its Insertion end seizure consents to its Insertion start forfeiture Insertion end , the article is forfeited to Her Majesty Insertion start in right of Canada Insertion end and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, Insertion start at the expense of its owner or the person having possession, care or control of the article at the time of its seizure Insertion end .

Forfeiture — offence

(2)  Insertion start If Insertion end a person has been convicted of a contravention of this Act or the regulations, the court or judge may, Insertion start in addition to any punishment imposed Insertion end , order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession, Insertion start care or control Insertion end of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty Insertion start in right of Canada Insertion end and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, Insertion start at the expense of the person who has been convicted Insertion end .

Order for forfeiture on application of inspector

(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on Insertion start any Insertion end notice to Insertion start those Insertion end persons Insertion start that Insertion end the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty Insertion start in right of Canada Insertion end , if the judge finds, after making Insertion start any Insertion end inquiry Insertion start that Insertion end the judge considers necessary, that the article is one by means of or in relation to which Insertion start a provision Insertion end of this Act or the regulations Insertion start has Insertion end been contravened. On the making of the order, the article or thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, Insertion start at the expense of the owner of the article or the person having possession, care or control of it at the time of its seizure Insertion end .

Removal, Forfeiture or Destruction of Unlawful Imports

Unlawful imports

27.‍1 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device, the opportunity to take a measure in respect of it.

Factors

(2) In making a decision under subsection (1), the inspector shall consider, among other factors:

• (a) whether the food, drug, cosmetic or device presents a risk of injury to health or safety; and

• (b) any other prescribed factors.

  End of inserted block

Duty of inspector

(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the food, drug, cosmetic or device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

Measures that may be taken and notice

(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

Forfeiture

(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the food, drug, cosmetic or device and the person consents to its forfeiture, the food, drug, cosmetic or device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Removal or destruction

27.‍2 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food, drug, cosmetic or device is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

Notice

(2) The notice must be delivered personally to the owner or importer of the food, drug, cosmetic or device, or the person having possession, care or control of it, or sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method.

Forfeiture

(3) If the food, drug, cosmetic or device is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered or sent — it is, despite section 26, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.

Suspension of application of subsection (3)

(4) An inspector may, for the period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that

• (a) the food, drug, cosmetic or device does not present a risk of injury to health;

• (b) the food, drug, cosmetic or device will not be sold within that period;

• (c) the measures that should have been taken for the food, drug, cosmetic or device not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

• (d) if the food, drug, cosmetic or device does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.

  End of inserted block

Cancellation

(5) An inspector may cancel the notice if the inspector is satisfied that

• (a) the food, drug, cosmetic or device does not present a risk of injury to health;

• (b) the food, drug, cosmetic or device has not been sold within the period referred to in subsection (6);

• (c) the measures referred to in paragraph (4)‍(c) were taken within that period; and

• (d) if the food, drug, cosmetic or device did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.

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Period

(6) The period for the purposes of subsection (5) is

• (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

• (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered or sent.

  End of inserted block

Non-application of Statutory Instruments Act

(7) The Statutory Instruments Act does not apply to the notice.

Analysis

Analysts

28 The Minister may designate any Insertion start individual Insertion end as an analyst for the Insertion start purposes Insertion end of the Insertion start administration and Insertion end enforcement of this Act.

Costs

(1.‍1) The analysis or examination of any article seized, or of any sample, shall be at the expense of

• (a) in respect of an article seized or a sample taken from it, the owner of the article or the person having possession, care or control of the article at the time of its seizure; or

• (b) in respect of a sample taken by the inspector, the owner of the article from which the sample was taken or the person having possession, care or control of it at the time the sample was taken.

  End of inserted block

• (d) respecting the importation of Insertion start food Insertion end , drugs, cosmetics and devices —  Insertion start including any importation that is solely for the purpose of export Insertion end  — in order to ensure compliance with Insertion start the provisions of Insertion end this Act and the regulations;

• (f) requiring persons who sell food, drugs, cosmetics or devices, Insertion start or persons who import them solely for the purpose of export Insertion end , to maintain Insertion start any Insertion end books and records Insertion start that Insertion end the Governor in Council considers necessary for the Insertion start purposes Insertion end of this Act;

• (i) respecting the powers, duties and Insertion start functions Insertion end of inspectors and analysts and the taking of samples;

• Insertion start (i.‍1) Insertion end Insertion start   Insertion end Insertion start respecting Insertion end the seizure, detention, forfeiture and disposition of articles Insertion start under this Act Insertion end ;

• (j) exempting, Insertion start with or without conditions Insertion end , any food, drug, cosmetic, device, Insertion start person or activity Insertion end from all or any of the provisions of this Act Insertion start or the regulations Insertion end ;

• Start of inserted block

  (k.‍1) respecting the time and manner in which information, notices and documents are to be provided or served under this Act;

  End of inserted block

• Start of inserted block

  (s) respecting the implementation, in relation to any food, drug, cosmetic or device, of international agreements that affect them; and

• (t) prescribing anything that by this Act is to be prescribed.

  End of inserted block

Costs

Recovery

30.‍7 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or release of an article.

Time limit

(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

Certificate of default

30.‍8 (1) Any debt that may be recovered under subsection 30.‍7(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Contravention of Act or regulations

31 Subject to sections 31.‍1, 31.‍2 and 31.‍4, every person who contravenes any of the provisions of this Act or of the regulations, Insertion start or fails to do anything the person was ordered to do by an inspector under section 25 or 27.‍2 Insertion end , is guilty of an offence and liable

Conditions under which exports exempt

37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

• Start of inserted block

  (a) it is manufactured or prepared in Canada;

• (b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;

  End of inserted block

• Insertion start (c) Insertion end  a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and

• Start of inserted block

  (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.

  End of inserted block

Exception — Act

(1.‍1) Despite subsection (1),

• (a) section 4, subsection 5(1) and section 7 apply to any food;

• (b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;

• (c) sections 16 and 18 apply to any cosmetic; and

• (d) section 19 and subsection 20(1) apply to any device.

  End of inserted block

Exception — regulations

(1.‍2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.

Exception — General Council Decision

(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption Insertion start or use Insertion end in Canada, unless the regulations provide otherwise.

Conditions under which transhipment exempt

38 This Act does not apply to any packaged food, drug, cosmetic or device if

• (a) it is manufactured or prepared outside Canada;

• (b) it is imported solely for the purpose of export and is not sold for consumption or use in Canada; and

• (c) it meets any other prescribed requirement.

  End of inserted block

• Start of inserted block

  (l.‍1) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;

  End of inserted block

Inspectors and analysts

21 (1) The Minister may designate as an inspector or analyst for the purposes of Insertion start the administration and enforcement of Insertion end any provision of this Act Insertion start and Insertion end of the regulations any individual or class of individuals Insertion start to exercise powers or perform duties or functions in relation to any matter referred to in the designation Insertion end . However, if the individual is employed by a provincial government, or a public body established under an Act of the legislature of a province, the Minister may make the designation only after obtaining the approval of that government or public body.

Removal or Forfeiture of Unlawful Imports

Unlawful imports

26.‍01 (1) An inspector who has reasonable grounds to believe that an imported hazardous product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or of the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.

Factors

(2) In making a decision under subsection (1), the inspector shall consider, among other factors

• (a) whether the hazardous product endangers human health or safety; and

• (b) any other prescribed factors.

  End of inserted block

Duty of inspector

(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

Measures that may be taken and notice

(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

Forfeiture

(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the hazardous product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

• Start of inserted block

  (a.‍41) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;

  End of inserted block

analyst means Insertion start an individual Insertion end designated as an analyst Insertion start under Insertion end subsection 11(1); (analyste)

inspector means Insertion start an individual Insertion end designated as an inspector Insertion start under Insertion end section 7; (inspecteur)

label includes Insertion start a Insertion end legend, word or mark Insertion start that is or is to be applied or Insertion end attached to or included in, Insertion start or that accompanies or is to accompany, a Insertion end radiation emitting device or Insertion start a Insertion end package; (étiquette)

person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)

• (b) creates a risk to any Insertion start individual Insertion end of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it

• (b) creates a risk to any Insertion start individual Insertion end of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it

Insertion start Administration and Insertion end Enforcement

Inspectors

7 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

• a) examiner le dispositif et Insertion start l’emporter Insertion end pour examen complémentaire;

• b) ouvrir et examiner tout emballage qui contient, à son avis, un dispositif émettant des radiations et Insertion start l’emporter Insertion end pour examen complémentaire;

Assistance to inspectors

(4) The owner or person in charge of a place entered by an inspector Insertion start under Insertion end subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to Insertion start exercise powers or perform Insertion end duties and functions under this Act and shall furnish the inspector with any information he Insertion start or she Insertion end may reasonably require with respect to the administration of this Act.

Detention

(5) An inspector who takes away a radiation emitting device under paragraph (1)‍(a) or (b) shall no longer detain it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.

Obstruction and false statements

9 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in Insertion start exercising powers or performing Insertion end duties or functions under this Act.

Storage

(2) An inspector who seizes a radiation emitting device under subsection (1) may on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place.

Release

(3) An inspector who seizes a radiation emitting device under subsection (1) shall release it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.

Analysts

11 (1) The Minister may designate as an analyst for the purposes of this Act any Insertion start individual Insertion end who, in the Minister’s opinion, is qualified to be so designated.

Disposition with owner’s consent

12 (1)  Insertion start If Insertion end the Minister has custody of a radiation emitting device, the Minister may, with the consent of Insertion start and at the expense of Insertion end its owner, dispose of the device as the Minister sees fit if it was

• (a) taken away for further examination under paragraph 8(1)‍(a) or (b);

• (b) seized under subsection 10(1); or

• (c) voluntarily submitted to the Minister for evaluation or examination.

Owner’s consent deemed given

(2)  Insertion start If Insertion end the Minister requests the owner of a device referred to in Insertion start paragraph Insertion end (1) Insertion start (a) or (c) Insertion end to repossess that device and the owner fails to repossess it within Insertion start sixty Insertion end days Insertion start after Insertion end receipt of the request, the owner shall be deemed to have given the consent referred to in subsection (1) Insertion start in respect of that device Insertion end .

Forfeiture

Unclaimed radiation emitting devices

12.‍1 (1) A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if

• (a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or

• (b) the owner or the person who is entitled to possess it does not claim it within 60 days after the day on which they are notified that the inspector has released the seized device.

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Proceedings instituted

(2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized.

Disposition

(3) A seized device that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Removal or Forfeiture of Unlawful Imports

Unlawful imports

12.‍2 (1) An inspector who has reasonable grounds to believe that an imported radiation emitting device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the device, the opportunity to take a measure in respect of it.

Factors

(2) In making a decision under subsection (1), the inspector shall consider, among other factors

• (a) whether the device creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation; and

• (b) any other prescribed factors.

  End of inserted block

Duty of inspector

(3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

Measures that may be taken and notice

(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of the device, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the radiation emitting device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

Forfeiture

(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the radiation emitting device and the person consents to its forfeiture, the device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Costs

Recovery

12.‍3 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the storage, movement or disposition of any radiation emitting device.

Time limit

(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

Certificate of default

12.‍4 (1) Any debt that may be recovered under subsection 12.‍3(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

• (b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting Insertion start individuals Insertion end against genetic or personal injury, impairment of health or death from radiation;

• (c) exempting, Insertion start with or without conditions Insertion end , any radiation emitting device or class of radiation emitting device, Insertion start including devices imported solely for the purpose of export Insertion end , from the application of all or any of the provisions of this Act or the regulations;

• (d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting Insertion start individuals Insertion end against genetic or personal injury, impairment of health or death from radiation;

• (f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act;

• (h) respecting the powers, duties and Insertion start functions Insertion end of inspectors and analysts;

• Insertion start (h.‍1) Insertion end Insertion start   Insertion end Insertion start respecting Insertion end the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices;

• Start of inserted block

  (h.‍2) respecting the costs in relation to anything required or authorized under this Act;

• (h.‍3) respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices;

• (h.‍4) prescribing anything that by this Act is to be prescribed; and

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Forfeiture on conviction

16 (1)  Insertion start If Insertion end a person has been convicted of an offence under this Act, any radiation emitting device in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty Insertion start in right of Canada Insertion end if the forfeiture is directed by the court.

Forfeiture on application to judge

(2) Without prejudice to the operation of subsection (1), a judge of a superior court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on Insertion start any Insertion end notice to Insertion start those Insertion end persons as Insertion start that Insertion end judge directs, order that the device and anything of a similar nature found Insertion start with it Insertion end be forfeited to Her Majesty Insertion start in right of Canada Insertion end if the judge finds, after making Insertion start any Insertion end inquiry Insertion start that Insertion end the judge considers necessary, that the device is one by means of or in relation to which any of the provisions of this Act or the regulations were contravened.

Minister may dispose of forfeited goods

(3) Goods forfeited to Her Majesty Insertion start in right of Canada Insertion end under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4).

Prohibition

117 No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product Insertion start or conditioner Insertion end .

Exemption

(1.‍1) The Governor in Council may, on the recommendation of the Minister, make regulations exempting a cleaning product or water conditioner from the application of section 117.

Class of cleaning product or water conditioner

(1.‍2) Regulations made under subsection (1) or (1.‍1) may distinguish among classes of cleaning products or water conditioners that they may establish on the basis of any factor, including

• (a) the physical or chemical properties of the cleaning products or water conditioners; or

• (b) the conditions under which, the purposes for which or the manner or place in which the cleaning products or water conditioners are intended to be used.

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analyst means Insertion start an individual Insertion end who is appointed or designated as an analyst under section 45.‍ (analyste)

inspector means Insertion start an individual Insertion end who is appointed or designated as an inspector under section 45.‍ (inspecteur)

label includes any written, printed or graphic matter that is or is to be applied or attached to or included in, that belongs to or is to belong to, or that accompanies or is to accompany, a pest control product or a package.‍ (étiquette)

manufacture includes produce, formulate, Insertion start package, label Insertion end and prepare for distribution or use.‍ (fabrication)

package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed.‍ (emballage)

violation means Insertion start any of the following Insertion end that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start any Insertion end contravention Insertion start of any provision Insertion end of this Act or of Insertion start a regulation Insertion end made under this Act; and

• Start of inserted block

  (b) any refusal or neglect to perform any duty imposed by or under this Act.‍ (violation)

  End of inserted block

workplace means a place where Insertion start an individual Insertion end works for remuneration.‍ (lieu de travail)

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.‍ (document)

person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code.‍ (personne)

Primary objective

4 (1) In the administration of this Act, the Minister’s primary objective is to prevent unacceptable risks to Insertion start individuals Insertion end and the environment from the use of pest control products.

Unregistered pest control products

6 (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), Insertion start section 48 or 51 Insertion end , any of sections 53 to 59 or the regulations.

Conditions of registration

(2)  Insertion start Except as otherwise authorized under section 53.‍3 or 54 Insertion end , no person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration.

Packaging and labelling

(3)  Insertion start Except as otherwise authorized under section 53, 53.‍3 or 54 Insertion end , no person shall store, import, export or distribute a pest control product that is not packaged Insertion start and labelled Insertion end in accordance with the regulations and, Insertion start if it is registered Insertion end , the conditions of registration.

Packaging, labelling and advertisement

(7) No person shall package, Insertion start label Insertion end or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.

Alteration, destruction or falsification — required documents

(8.‍1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

Alteration, possession or use — official documents

(8.‍2) It is prohibited for a person to

• (a) alter a document issued or made — or in any manner given — under this Act; or

• (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

  End of inserted block

Possession or use of documents that resemble official documents

(8.‍3) It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

• (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or Insertion start disposition Insertion end , including conditions relating to its composition Insertion start , Insertion end and, subject to subsection (2), Insertion start the conditions relating to Insertion end its label;

Product safety information

(4.‍1) Subject to the regulations and as a condition of registration, the registrant of a pest control product shall,

• (a) provide, in accordance with the regulations, to workplaces where the pest control product is manufactured, handled, stored or used, product safety information that complies with the prescribed requirements; or

• (b) make available, in accordance with the regulations, to persons who manufacture, handle, store or use the pest control product, product safety information that complies with the prescribed requirements.

  End of inserted block

Offence and punishment — subsection (2)

(7) Every person who contravenes subsection (2) is guilty of an offence and liable

Offence and punishment — false or misleading information

(8) Every person who knowingly provides false or misleading information in connection with an authorization 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.

  End of inserted block

Establishment of review panel

(3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more Insertion start individuals Insertion end to review the decision and to recommend whether the decision should be confirmed, reversed or varied.

Product Safety Information for Unregistered Products

Provision of safety information

41.‍1 A person who is authorized by the regulations to import an unregistered pest control product solely for the purpose of export or for a prescribed purpose and who imports such a product for that purpose shall provide, in accordance with the regulations, to workplaces where the pest control product is handled or stored, product safety information for the product that complies with the prescribed requirements.

• (c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to Insertion start an individual Insertion end ;

Insertion start Administration and Insertion end Enforcement

Designation of inspectors and analysts

(2) For the purposes Insertion start of the administration and enforcement Insertion end of this Act, the Minister may designate Insertion start individuals Insertion end or Insertion start classes of individuals Insertion end as inspectors or analysts Insertion start to exercise powers or perform duties or functions Insertion end in relation to any matter referred to in the designation, but

• (a) no Insertion start individual Insertion end 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 Insertion start individual Insertion end is employed; and

• (b) no Insertion start individual Insertion end who is employed by the government of a province may be designated without the approval of that government.

Obstruction of inspectors

46 (1) No person shall resist or obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is Insertion start exercising powers or performing Insertion end duties or functions under this Act.

Protection of individual

(3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage Insertion start an individual Insertion end for having

• (a) made a report under subsection (1);

• (b) refused or stated an intention of refusing to do anything that the Insertion start individual Insertion end reasonably believed was or would be a contravention under this Act; or

• (c) done or stated an intention of doing anything that the Insertion start individual Insertion end reasonably believed was required by or under this Act.

Powers of inspectors

48 (1) For Insertion start a purpose related to verifying compliance or preventing non-compliance with the provisions of Insertion end this Act and the regulations, an inspector may

• (c)  Insertion start order Insertion end 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;

• Start of inserted block

  (d) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;

• (d.‍1) examine or test, or take samples of, anything that is in the place being inspected;

• (d.‍2) examine a document that is in the place being inspected, make copies of it or take extracts from it;

• (d.‍3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• (d.‍4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

• (d.‍5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;

• (d.‍6) take photographs or make recordings or sketches;

• (d.‍7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;

• (d.‍8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;

• (d.‍9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and

  End of inserted block

Persons accompanying inspector

(2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

Entering private property

(3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)‍(a).

Offence and punishment

(4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)‍(c), (d), (d.‍3) or (d.‍7) 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.

  End of inserted block

• (b) entry to the dwelling-place is necessary for a purpose Insertion start related to verifying compliance or preventing non-compliance with the provisions of Insertion end this Act Insertion start and Insertion end the regulations, and

Telewarrant

(4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.

Assistance to inspectors

50 (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 and any person found in the place shall

• (a) give the inspector all reasonable assistance in their power to enable the inspector to Insertion start exercise powers or Insertion end perform duties Insertion start or Insertion end functions under Insertion start the provisions of Insertion end this Act or the regulations; and

• (b) provide the inspector with any information relevant to the administration of Insertion start the provisions of Insertion end this Act or the regulations that the inspector may reasonably require.

Production of documents, information or samples

51 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

Offence and punishment

(2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) 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.

  End of inserted block

Inspector may seize

52 An inspector may seize and detain any pest control product or other thing Insertion start that the inspector Insertion end has reasonable grounds to believe

• (a) was Insertion start used Insertion end in a contravention of Insertion start a provision of Insertion end this Act or the regulations;

• Start of inserted block

  (b) is something in relation to which a provision of this Act or the regulations was contravened; or

  End of inserted block

• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start was obtained by the Insertion end contravention of Insertion start a provision of Insertion end this Act or the regulations.

Insertion start Dealing with Insertion end Seized Things

Storage, movement and disposition

53 (1) An inspector may, in respect of a pest control product or other thing seized under this Act,

• (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure or to the owner or person responsible for the place where it was seized, store it or move it at the expense of the person to whom the notice is given;

• (b) order its owner or the person having possession, care or control of it at the time of its seizure or the owner or person responsible for the place where it was seized to store it or move it at the expense of the person being so ordered;

• (c) if the pest control product or other thing is perishable, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given; or

• (d) if the inspector is of the opinion that the pest control product or other thing endangers human health or safety or the environment and that its disposition is necessary to respond to the danger, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it, despite subsection 6(8), at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it, despite subsection 6(8), at the expense of the person to whom the notice is given.

  End of inserted block

Notice

(2)  Insertion start An order Insertion end under Insertion start paragraph Insertion end (1) Insertion start (c) or (d) Insertion end shall be communicated by delivering a written notice to the owner or person and the notice

• (a) must include a statement of the reasons for the Insertion start order Insertion end ; and

• (b) may specify the period within which and the manner in which the pest control product or other thing is to be Insertion start disposed Insertion end .

Offence and punishment

(3) Every person who fails to Insertion start do anything the person was ordered to do by an inspector under paragraph (1)‍(b), (c) or (d) Insertion end is guilty of an offence and liable

Interference with seized things

(4) Except Insertion start with the authorization of Insertion end an inspector, no person shall Insertion start move Insertion end , alter or interfere with a pest control product or other thing seized under this Act.

Release of seized thing

53.‍1 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a pest control product or other thing seized under this Act have been complied with, the product or thing must be released.

Application for return

53.‍2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 4.‍1(1) of the Canada Agricultural Products Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

Order for return

(2) If the Review Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the pest control product or other thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

Removal, Forfeiture or Destruction of Unlawful Imports

Unlawful imports

53.‍3 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.

Factors

(2) In making a decision under subsection (1), the inspector shall consider, among other factors

• (a) whether the pest control product endangers human health or safety or the environment; and

• (b) any other prescribed factors.

  End of inserted block

Duty of inspector

(3) If the inspector decides under subsection (1) not to give the owner or importer or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

Measures that may be taken and notice

(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

Forfeiture

(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the pest control product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Removal or destruction of unlawful imports

54 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by written notice, whether the pest control product is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

Forfeiture

(2) If the pest control product is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered — it is, despite section 53.‍1, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered.

Suspension of application of subsection (2)

(3) An inspector may, for the period specified by the inspector, suspend the application of subsection (2) if the inspector is satisfied that

• (a) the pest control product does not endanger human health or safety or the environment;

• (b) the pest control product will not be sold within that period;

• (c) the measures that should have been taken for the pest control product not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

• (d) if the pest control product does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.

  End of inserted block

Cancellation

(4) An inspector may cancel the notice if the inspector is satisfied that

• (a) the pest control product does not endanger human health or safety or the environment;

• (b) the pest control product has not been sold within the period referred to in subsection (5);

• (c) the measures referred to in paragraph (3)‍(c) were taken within that period; and

• (d) if the pest control product did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.

  End of inserted block

Period

(5) The period for the purposes of subsection (4) is

• (a) if the application of subsection (2) was suspended under subsection (3), the period of the suspension; and

• (b) if the application of subsection (2) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered.

  End of inserted block

Offence and punishment

(6) Every person who fails to comply with an order in the notice 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.

  End of inserted block

Forfeiture

Unclaimed pest control products or other things

54.‍1 (1) A pest control product or other thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if

• (a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or

• (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

  End of inserted block

Proceedings instituted

(2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized pest control product or other thing.

Disposition

(3) A seized pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Forfeiture on consent

55 (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized Insertion start under this Act Insertion end by an inspector is forfeited to Her Majesty in right of Canada if the owner consents to its forfeiture. Insertion start The pest control product or other thing that is forfeited may be disposed of, as the Minister directs, at the owner’s expense Insertion end .

Forfeiture by court order

(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 Insertion start the Insertion end pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, Insertion start regardless of whether Insertion end the product or thing Insertion start was seized under this Act or not Insertion end .

Directions of Minister

(3) A pest control product or other thing that is forfeited under Insertion start subsection (2) may Insertion end be disposed of as the Minister directs, at the expense of,

• Start of inserted block

  (a) if it was not seized, its owner; or

• (b) if it was seized, its owner or the person having possession, care or control of it at the time of its seizure.

  End of inserted block

Return of seized things

56 (1) A seized pest control product or other thing shall be returned to its owner or the person Insertion start having Insertion end possession, care or control of the product Insertion start or thing Insertion end 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.

Exception

(2) A seized pest control product or other thing may be

• (a) detained pending the payment of any fine or penalty imposed on its owner or the person Insertion start having Insertion end possession, care or control of it at the time of seizure; or

• (b) sold in satisfaction of the fine or penalty.

Forfeiture on application of inspector

56.‍1 (1) A judge of a superior court of the province in which a pest control product or other thing is seized under this Act may, on the application of an inspector, order that the pest control product or other thing be forfeited to Her Majesty in right of Canada.

Notice and inquiry

(2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the pest control product or other thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.

Disposition

(3) A pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

Insertion start Compliance Insertion end Measures

Inspector may order measures

57 (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may Insertion start order Insertion end the person

• (ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, Insertion start labelling Insertion end , distributing or using a registered pest control product in accordance with the conditions of registration.

Validity period

(2)  Insertion start An order Insertion end under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.

Notice

(3)  Insertion start An order Insertion end 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 Insertion start having Insertion end 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 Insertion start order Insertion end .

Prosecutions

(5)  Insertion start An order Insertion end under subsection (1) may be Insertion start given Insertion end whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the Insertion start order Insertion end may be confirmed, varied or rescinded by the court that tries the offence.

• (a)  Insertion start order Insertion end an owner or a person Insertion start having Insertion end possession, care or control of the pest control product or other thing to dispose of Insertion start it Insertion end or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;

• (b) dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses Insertion start , at the expense of its owner or the person having possession, care or control of the product or thing Insertion end ; or

Notice

(3)  Insertion start An order Insertion end under paragraph (2)‍(a) shall be communicated by delivering a written notice to the owner or person Insertion start having Insertion end possession, care or control of the product or thing and the notice

Review of Inspectors’ Insertion start Orders Insertion end

Method of delivery

62 (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by any method that provides proof of delivery Insertion start or by any prescribed method Insertion end .

Recovery of fees

63 Her Majesty in right of Canada may recover, Insertion start as a debt due to Her Majesty in right of Canada Insertion end , any fee or charge that applies in relation to the administration of Insertion start the provisions of Insertion end this Act or the regulations.

Recovery of costs

64 Her Majesty in right of Canada may recover, Insertion start as a debt due to Her Majesty in right of Canada Insertion end , any costs incurred by Her Majesty in right of Canada in relation to Insertion start anything required or authorized under this Act Insertion end , including

• (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, Insertion start movement Insertion end , seizure, detention, forfeiture, Insertion start disposition Insertion end or return of a pest control product or other thing;

• (b) any enforcement or risk-control measures taken by the Minister or an inspector under this Act.

Time limit

64.‍1 Proceedings to recover a debt due to Her Majesty in right of Canada under this Act shall not be commenced later than five years after the debt became payable.

Certificate of default

64.‍2 (1) Any debt that may be recovered under section 63 or 64 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

• (o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or Insertion start disposition Insertion end of pest control products;

• (r) respecting the packaging, Insertion start labelling Insertion end and advertising of pest control products;

• (s) respecting Insertion start pest control Insertion end product safety information, Insertion start including information related to product safety data sheets Insertion end ;

• (x) respecting the preservation, detention Insertion start and forfeiture Insertion end of pest control products and any other things seized by an inspector;

• Start of inserted block

  (z.‍21) establishing classes of pest control products and any categories and subcategories of those classes;

  End of inserted block

• (z.‍3)  Insertion start respecting the implementation Insertion end , in relation to pest control products, Insertion start of Insertion end international agreements that affect those products;

• (z.‍4) exempting persons, activities or pest control products, Insertion start including products that are imported solely for the purpose of export Insertion end , 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; and

Jointly produced documents

(2.‍1) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(2.‍2) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including

• (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

• (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

  End of inserted block

Scope of incorporation

(2.‍3) Documents may be incorporated by reference as they exist on a particular date or as they are amended from time to time.

Due diligence

69.‍1 A person is not to be found guilty of an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — if they establish that they exercised all due diligence to prevent the commission of the offence.

Offence by employee or agent or mandatary

71 In a prosecution for an offence under this Act —  Insertion start other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) Insertion end  — it is sufficient proof of the offence to establish that it was committed by an employee or agent Insertion start or mandatary Insertion end of the accused, whether or not the employee or agent Insertion start or mandatary Insertion end is identified or has been prosecuted for the offence, unless the accused establishes that

Designation

(2) For the Insertion start purposes Insertion end of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate Insertion start individuals Insertion end or Insertion start classes of individuals Insertion end as Insertion start inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation Insertion end .

• (a) within 60 days after the seizure, no person is identified, Insertion start in accordance with the regulations, if any Insertion end , as its owner or as Insertion start the Insertion end person who is entitled to possess it; or

Removal or Forfeiture of Unlawful Imports

Unlawful imports

28.‍1 (1) An inspector who has reasonable grounds to believe that an imported consumer product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.

Factors

(2) In making a decision under subsection (1), the inspector shall consider, among other factors

• (a) whether the consumer product is a danger to human health or safety; and

• (b) any other prescribed factors.

  End of inserted block

Duty of inspector

(3) If the inspector decides under subsection (1) not to give the owner, importer or the person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

Measures that may be taken and notice

(4) However, if the inspector decides under subsection (1) to give the owner, importer or person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner, importer or person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner, importer or person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

Forfeiture

(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the consumer product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Costs

Recovery

36.‍1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including

• (a) the storage, movement or disposal of a thing; or

• (b) the recall or measure carried out under section 33.

  End of inserted block

Time limit

(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

Certificate of default

36.‍2 (1) Any debt that may be recovered under subsection 36.‍1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

• Start of inserted block

  (o.‍1) respecting the costs in relation to anything required or authorized under the provisions of this Act or the regulations;

• (o.‍2) respecting the implementation, in relation to consumer products, of international agreements that affect those products; and

  End of inserted block

• (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or Insertion start the Pest Control Products Act Insertion end ;

• (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act or Insertion start the Pest Control Products Act Insertion end

Application for return

53.‍2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

Forfeiture by court order

(2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties 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 the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.

• (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;

• (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act

WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of people in Canada and to the environment;

.‍.‍.

WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect people and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication;

WHEREAS it is in the national interest that the primary objective of the federal regulatory system be to prevent unacceptable risks to people and the environment from the use of pest control products,

.‍.‍.

in assessing risks to humans, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors,

.‍.‍.

the provinces and territories and those whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to participate in the regulatory system in ways that are consistent with the attainment of its objectives, and