This enactment amends various Acts as part of the Regulatory Modernization Initiative in order to repeal or amend provisions that have, over time, become barriers to innovation and economic growth or to add certain provisions with a view to support innovation and economic growth.

Part 1 modifies the Bankruptcy and Insolvency Act to, among other things,

It also amends the Electricity and Gas Inspection Act to allow the Governor in Council to authorize the director, appointed under subsection 26(1) of that Act, to establish plans for the verification of meters by any means.

It also amends the Weights and Measures Act to, among other things, enable the Minister of Industry to permit a trader to temporarily use, or have in their possession for use, in trade, any device even if the device has not been approved by the Minister or examined by an inspector.

It also amends the Budget Implementation Act, 2018, No. 2 to, among other things, amend a provision under which certain amendments to the Trademarks Act may be brought into force.

Finally, it amends the Canada Business Corporations Act, the Canada Cooperatives Act and the Canada Not-for-profit Corporations Act by replacing the term “annual return” with the term “annual update statement”.

Part 2 amends the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act to repeal certain provisions that require the publication of draft regulations in the Canada Gazette.

Finally, it amends the Canada Lands Surveyors Act to, among other things,

(a) enhance the protection of the public by modernizing the complaints and discipline processes that govern Canada Lands Surveyors;

(b) reduce the regulatory burden of the Minister of Natural Resources by enabling the Council of the Association of Canada Lands Surveyors to make by-laws respecting a broader range of matters;

(c) harmonize the French and English versions of the Act for consistency and clarity by, among other things, ensuring uniformity between both language versions in relation to the definitions of “licence” and “permit” and by addressing certain recommendations of the Standing Joint Committee for the Scrutiny of Regulations;

(d) improve labour mobility within Canada and to better align with the Canadian Free Trade Agreement; and

(e) harmonize the text of that Act with the private law of the provinces and territories, being the civil law regime of the Province of Quebec and the common law regime in the rest of Canada.

Part 3 amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to, among other things,

Part 4 amends the Agricultural Products Marketing Act to, among other things,

It also repeals certain Orders and Regulations.

Part 5 amends the Feeds Act to, among other things,

It also amends the Fertilizers Act to, among other things,

It also amends the Seeds Act to, among other things,

It also amends the Health of Animals Act to, among other things,

It also amends the Plant Protection Act to

It also amends the Canadian Food Inspection Agency Act to authorize the use of electronic means to administer and enforce that Act and any Act or provision that the Agency is responsible for administering or enforcing.

Finally, it amends the Safe Food for Canadians Act to, among other things,

Part 6 amends the Pest Control Products Act to, among other things, create a new authorization scheme that will give the Minister of Health the power to authorize pest control products that meet the prescribed criteria, if their risks and value are acceptable and to include mandatory public consultation provisions for this new authorization scheme. The initiative also expands the current authorizations to persons under section 41 and provides for a broader recall power that is applicable to any pest control product that endangers human health or safety or the environment.

Part 7 amends the Coastal Fisheries Protection Act to create an offence of contravening a term or condition of a licence or permit.

It also amends the Fisheries Act to remove the time limit for entry into an alternative measures agreement by an alleged offender and the Attorney General. Finally, it confirms that the provisions respecting alternative measures agreements do not limit the discretion of fishery officers, fishery guardians and peace officers in enforcing that Act.

Part 8 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.

It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.

Part 9 amends the Customs Act to authorize the making of regulations aimed at streamlining the implementation of free trade agreements.

Part 10 amends the Canada Transportation Act to provide the Minister of Transport with the authority to make interim orders to implement international standards or to ensure compliance with Canada’s international obligations.

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

Publication by trustee

(4) The trustee shall, as soon as possible after the bankruptcy and not later than Insertion start the fifth day Insertion end before the first meeting of creditors, publish, Insertion start in the manner specified in the directives of the Superintendent Insertion end , a notice in the prescribed form.

• (c) a notice of the bankruptcy shall not be published Insertion start under subsection 102(4) Insertion end unless Insertion start it Insertion end is deemed expedient by the trustee or ordered by the court;

Withdrawal of opposition

170.‍2 (1) If a creditor or the trustee has opposed the discharge of a bankrupt individual solely on grounds referred to in either one or both of paragraphs 173(1)‍(m) and (n), the creditor or trustee, as the case may be, may withdraw the opposition at any time before the hearing referred to in subsection 170.‍1(3).

Notice of withdrawal

(2) The following provisions apply in respect of withdrawals under subsection (1):

• (a) if a creditor withdraws their opposition, they shall give notice of the withdrawal to the Superintendent, the trustee, the bankrupt and, if the mediation is ongoing, the mediator; and

• (b) if the trustee withdraws their opposition, they shall give notice of the withdrawal in the prescribed form and manner to the Superintendent, the bankrupt and, if the mediation is ongoing, the mediator.

  End of inserted block

Withdrawal before start of mediation

(3) If all oppositions based solely on grounds referred to in either one or both of paragraphs 173(1)‍(m) and (n) are withdrawn before the mediation referred to in section 170.‍1 has begun and the Superintendent, the trustee and a creditor have not opposed the automatic discharge based on any other ground, the trustee shall

• (a) withdraw the application for mediation by sending a notice of the withdrawal in the prescribed form to the official receiver, if such an application has been sent to the official receiver under subsection 170.‍1(1); and

• (b) without delay, issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from their debts, other than those referred to in subsection 178(1), and send a copy of it to the Superintendent.

  End of inserted block

Withdrawal after start of mediation

(4) If all oppositions based solely on grounds referred to in either one or both of paragraphs 173(1)‍(m) and (n) are withdrawn after the mediation referred to in section 170.‍1 has begun, but before a hearing under subsection 170.‍1(3) has begun, and the Superintendent, the trustee and a creditor have not opposed the automatic discharge based on any other ground,

• (a) if the mediation is ongoing, the mediator shall cancel the mediation by sending a notice of cancellation in the prescribed form to the Superintendent and to the parties;

• (b) the trustee shall withdraw the application for a hearing, if such an application has been made under subsection 170.‍1(3); and

• (c) the trustee shall, without delay, issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from their debts, other than those referred to in subsection 178(1), and send a copy of it to the Superintendent.

  End of inserted block

• (d) authorizing the director to establish plans for the verification and reverification — Insertion start using any means, including sampling Insertion end — of meters of any class, type or design, or in any circumstances;

Approval, examination and certification of devices

8  Insertion start Subject to section 8.‍1 Insertion end , no trader shall use, or have in their possession for use, in trade, any device unless

Exception

8.‍1 (1) The Minister may permit a trader to use, or have in their possession for use, in trade, any device on a temporary basis for a period and under any terms and conditions that the Minister may specify, even if the device, or the class, type or design of the device, has not been approved under section 3 or the device has not been examined by an inspector.

Revocation of permission

(2) The Minister may, by written notice, revoke the permission for failure to comply with any of the terms or conditions on which the permission was granted.

Effect of revocation

(3) If the permission is revoked, the trader shall not use, or have in their possession for use, in trade, the device that was permitted to be used under the permission.

Right to make representations

(4) The Minister shall not revoke the permission unless

• (a) notice of the proposal to revoke it has been given to the trader;

• (b) any interested person objecting to the proposal has been afforded reasonable opportunity to make representations with respect to their objection; and

• (c) the representations, if any, have been taken into account in deciding whether to implement the proposal.

  End of inserted block

229.‍1 (1) Subsection 70(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after that paragraph:

(2) Paragraph 70(1)‍(d) of the Act is replaced by the following:

Order in council

(2) Sections 215 and Insertion start 216 Insertion end and Insertion start subsection 229.‍1(2) Insertion end come into force on a day to be fixed by order of the Governor in Council, but that day must be Insertion start after Insertion end the day fixed under subsection Insertion start (2.‍1) Insertion end .

Order in council

(2.‍1) Sections 217, 219, 221 to 223 and 226 to 228 and subsection 229.‍1(1) come into force on a day to be fixed by order of the Governor in Council.

An Act respecting regulatory modernization

(4) Section 225 comes into force on the day on which An Act respecting regulatory modernization receives royal assent.

Annual update statement

263 Every corporation shall send to the Director an annual Insertion start update statement Insertion end in the form and within the period that the Director fixes.

Annual update statement

374 Every cooperative must send the Director an annual Insertion start update statement Insertion end in the form and within the period that the Director fixes.

Annual update statement

278 Every corporation shall send to the Director an annual Insertion start update statement Insertion end in the form and within the period that the Director fixes.

hazardous substance includes a Insertion start hazardous Insertion end product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual Insertion start who is Insertion end exposed to it.‍ (substance dangereuse)

Hazardous Products Act definitions

(2) In this Part, Insertion start hazardous Insertion end product, label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act.

• (c) ensure that all hazardous substances at the workplace, other than Insertion start hazardous Insertion end products, are identified in the manner that is prescribed;

• (d) subject to the Hazardous Materials Information Review Act, ensure that each Insertion start hazardous Insertion end product at the workplace or each container at the workplace Insertion start that contains Insertion end a Insertion start hazardous Insertion end product has a label that Insertion start meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act affixed to it, printed on it or attached to it, Insertion end in Insertion start a Insertion end manner that Insertion start meets the requirements set out in the regulations made under that subsection Insertion end ;

• (e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a safety data sheet that Insertion start meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act Insertion end with respect to each Insertion start hazardous Insertion end product to which the employee may be exposed;

Employer to provide information in emergency

205.‍023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any Insertion start hazardous Insertion end product to which an employee may be exposed, as soon as the circumstances permit, the Insertion start safety data sheet Insertion end referred to in paragraph 205.‍022(e) to any physician, or other medical professional that is prescribed, who requests that Insertion start safety data sheet Insertion end for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

No safety data sheet

(2) If there is no safety data sheet for the hazardous product referred to in subsection (1), the employer shall provide any information about that product that is in their possession to the physician or other medical professional.

Confidentiality

Insertion start (3) Insertion end  Any physician or other medical professional to whom information is provided by an employer under subsection (1) Insertion start or (2) Insertion end shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

Information on hazardous products and materials

(2) Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 205.‍022(d) or (e) or under the Hazardous Products Act and that is obtained by a health and safety officer who enters a place under subsection 205.‍073(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Start of inserted block

  (o.‍1) respecting the records to be kept by an operator or an employer, or both, the manner and form in which and the period of time for which records are to be kept;

  End of inserted block

• (p) respecting the manner and form in which information Insertion start is Insertion end to be communicated;

hazardous substance includes a Insertion start hazardous Insertion end product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it.‍ (substance dangereuse)

Hazardous Products Act definitions

(2) In this Part, Insertion start hazardous Insertion end product, label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act.

• (c) ensure that all hazardous substances at the workplace, other than Insertion start hazardous Insertion end products, are identified in the manner that is prescribed;

• (d) subject to the Hazardous Materials Information Review Act, ensure that each Insertion start hazardous Insertion end product at the workplace or each container at the workplace Insertion start that contains Insertion end a Insertion start hazardous Insertion end product has a label that Insertion start meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act affixed to it, printed on it or attached to it, Insertion end in Insertion start a Insertion end manner that Insertion start meets the requirements set out in the regulations made under that subsection Insertion end ;

• (e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a safety data sheet that Insertion start meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act Insertion end with respect to each Insertion start hazardous Insertion end product to which the employee may be exposed;

Employer to provide information in emergency

210.‍023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any Insertion start hazardous Insertion end product to which an employee may be exposed, as soon as the circumstances permit, Insertion start the safety data sheet Insertion end referred to in paragraph 210.‍022(e) to any physician, or other medical professional that is prescribed, who requests that Insertion start safety data sheet Insertion end for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

No safety data sheet

(2) If there is no safety data sheet for the hazardous product referred to in subsection (1), the employer shall provide any information about that product that is in their possession to the physician or other medical professional.

Confidentiality

Insertion start (3) Insertion end  Any physician or other medical professional to whom information is provided by an employer under subsection (1) Insertion start or (2) Insertion end shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

Information on hazardous products and materials

(2) Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 210.‍022(d) or (e) or under the Hazardous Products Act and that is obtained by a health and safety officer who enters a place under subsection 210.‍074(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Start of inserted block

  (o.‍1) respecting the records to be kept by an operator or an employer, or both, the manner and form in which and the period of time for which records are to be kept;

  End of inserted block

• (p) respecting the manner and form in which information Insertion start is Insertion end to be communicated;

boundary means a natural or artificial line on the surface of the earth, below the surface of the earth, in airspace or in or on any structure, the purpose of which is to indicate the extent of a legal interest Insertion start or right Insertion end in land, land under water, water, airspace or natural resources, or in a structure.  (ligne de démarcation)

Canada Lands Surveyor means a Insertion start member Insertion end who holds a commission.‍ (arpenteur des terres du Canada)

commission means a commission granted under section 49.‍ (brevet)

licence means a licence issued under section 53.‍ ( Insertion start licence Insertion end )

permit means a permit issued under section 58.‍ ( Insertion start permis Insertion end )

Council member means a member of the Council of the Association referred to in section 13. (conseiller)

member means a member of the Association whose membership is granted under section 38. (membre)

• (a) to establish and maintain standards of qualifications Insertion start and practice Insertion end for Canada Lands Surveyors;

• (c) to establish and maintain standards of conduct, knowledge and skill among members and permit holders;

• (d) to govern the activities of members and permit holders;

Capacity of Association

8 In carrying out its objects, the Association has the capacity Insertion start and the rights, powers and privileges Insertion end of a natural person.

• (c) members, in a number set out in the by-laws, which number may not be less than three, who are elected in accordance with the by-laws;

• (e) two persons who are not members and who are appointed by the Minister.

Filling of vacancies

16 (1) A vacancy on the Council caused by the death, resignation, removal or Insertion start inability Insertion end to act of a Council member referred to in paragraph 13(c) shall be filled by a member in the manner set out in the by-laws.

Continuation of term of office

(2.‍1) Despite subsection (2), a Council member appointed under paragraph 13(e) continues to hold office until they are reappointed or their successor is appointed.

By-laws

18 (1) The Council may make by-laws respecting any matter necessary to carry on the business and activities of the Association, including by-laws respecting

• Start of inserted block

  (a) a code of ethics for professional conduct;

• (b) the composition of committees established under subsection 19(2) and the rules, practices and procedures of those committees;

• (c) the maintenance of records by the Association in respect of members and permit holders, and the inspection of those records;

• (d) applications for membership in the Association and the renewal and reinstatement of memberships in the Association;

• (e) applications for admission as a candidate for a commission, the requirements of candidates, the cancellation of a candidacy, appeals of decisions, the granting of commissions, and the use of the titles “Canada Lands Surveyor” and “arpenteur des terres du Canada”;

• (f) the examination of candidates for a commission;

• (g) applications for a licence and permit and their issuance and renewal, and the reinstatement of a licence and permit;

• (h) the terms and conditions under which members and their employers must have insurance against professional liability;

• (i) the exemption of members and their employers from the requirement set out in paragraph (h);

• (j) the notification of the Registrar, by members and permit holders, of claims against them for professional liability;

• (k) conflict of interest in respect of surveying activities, including the definition of what constitutes a conflict of interest under this Act;

• (l) the issuing and ownership of seals, the certification of documents and drawings by members, and the form of statements of responsibility, seals and signatures;

• (m) the procedures to be followed by the Association in reviewing the surveying activities of members and permit holders to ensure the maintenance of minimum standards of surveying; and

  End of inserted block

• Insertion start (n) Insertion end  any Insertion start other Insertion end matter for which by-laws are required by this Act.

Statutory Instruments Act

(3) The Statutory Instruments Act does not apply to by-laws.

Accessibility

(4) By-laws shall be made available to the public in both official languages.

Attributions

21 (1) Sous réserve de l’article 22, le comité d’examen régit Insertion start toute question relative à Insertion end l’examen et Insertion start à Insertion end l’admission des candidats au brevet ainsi que les Insertion start qualifications Insertion end exigées d’eux.

Admission of candidates

(2) The Board of Examiners may admit a person to be a candidate for a commission only if the person has complied with the requirements specified in the Insertion start by-laws Insertion end .

Labour mobility

(3) All matters relating to the admission, qualifications and examination of candidates for a commission who are entitled to survey lands in a province and under the laws of the province and who seek to become licence holders under any provision of this Act, the regulations and the by-laws, are to be conducted in accordance with the provisions of the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act.

Recommendations for commissions

23 The Board of Examiners shall recommend to the Council that a commission be granted to every candidate for a commission who has complied with the requirements specified in the Insertion start by-laws Insertion end .

Role

24 (1) The Complaints Committee shall consider all complaints in writing that are received by the Association regarding the conduct or actions of any member or permit holder.

Rights of Committee

(2)  Insertion start If Insertion end the Committee has reasonable grounds to believe that a member or permit holder against whom a complaint is made has committed an act of professional misconduct or Insertion start was Insertion end incompetent, the Committee may Insertion start conduct an investigation of Insertion end the surveying activities of the member or permit holder or Insertion start designate a person or entity to conduct the investigation under the Committee’s direction. Insertion end

Revocation

(3) The Committee may Insertion start revoke Insertion end the Insertion start designation Insertion end .

For greater certainty

(4) For greater certainty, an individual appointed to the Committee may be designated to conduct the investigation.

Definition of designated person

(5) For the purposes of sections 24.‍1 to 24.‍5, designated person means the Committee or the person or entity designated by it to conduct the investigation.

Power to require information and documents

24.‍1 (1) The designated person may, for the purpose of investigating a member or permit holder’s conduct and activities, require any member or permit holder

• (a) to provide any information that, in the opinion of the designated person, the member or permit holder is able to provide in relation to the matter being investigated; and

• (b) to produce, for examination or copying by the designated person, any document or other thing that, in the opinion of the designated person, is relevant to the matter being investigated and may be in the possession or under the control of that member or permit holder.

  End of inserted block

Authority to enter

(2) Subject to subsection 24.‍2(1), a designated person may, for that purpose, enter the business premises of the member or permit holder in which they have reasonable grounds to believe that an activity regulated under any provision of this Act, the regulations or the by-laws is conducted or any document or other thing relevant to the investigation is located.

Other powers

(3) The designated person may, for that purpose,

• (a) examine anything in the place;

• (b) remove the thing for examination or copying;

• (c) use any copying equipment in the place, or cause it to be used;

• (d) open or order any person to open any container or package found in the place;

• (e) use any means of communication in the place, or cause it to be used;

• (f) use any computer system or device in the place, or cause it to be used, to examine data contained in or available to it;

• (g) prepare a document, or cause one to be prepared, based on the data; and

• (h) take photographs or make recordings or make a copy of anything in the place.

  End of inserted block

Duty to assist

(4) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the designated person to perform their functions under subsections (2) and (3) and shall provide any documents or information, and access to any data, that may be reasonably required by the designated person.

Warrant to enter dwelling-house

24.‍2 (1) If the place is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• (a) the dwelling-house is a place referred to in subsection 24.‍1(2);

• (b) entry to the dwelling-house is necessary for the purposes of the investigation; and

• (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  End of inserted block

Use of force

24.‍3 In executing a warrant to enter a dwelling-house, the designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Immunity — civil liability

24.‍4 A person or entity that exercises powers or performs duties or functions under any of sections 24 to 24.‍3 does not incur civil liability in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

Response required

24.‍5 (1) In the course of the investigation, the designated person may require a member or permit holder to respond to any request for information in respect of the complaint within the prescribed period.

Professional misconduct

(2) If the member or permit holder fails to respond to the request for assistance or information within the prescribed period, they commit an act of professional misconduct. If such is the case, the Complaints Committee may, on its own initiative or on the recommendation of the designated person, refer a complaint respecting that act of professional misconduct to the Discipline Committee in accordance with paragraph 25(1)‍(b), and in the case of the member who is the subject of that complaint, may suspend that member’s licence in accordance with section 27.‍1.

Decision on complaint

25 (1) After having considered a complaint, the Complaints Committee shall

• (a)  Insertion start dismiss Insertion end the complaint if it is satisfied that the evidence disclosed by the investigation does not support a finding of professional misconduct or incompetence;

• (b)  Insertion start refer Insertion end the complaint to the Discipline Committee if it is satisfied that there is sufficient evidence disclosed by the investigation that could support a finding of professional misconduct or incompetence; or

• Start of inserted block

  (c) take any action that it considers appropriate in the circumstances to resolve the complaint.

  End of inserted block

Notice of dismissal, referral or resolution

(2) The Registrar shall cause a notice of the dismissal, referral or resolution of the complaint, as the case may be, to be served on the Association, the complainant and the member or permit holder who is the subject of the complaint.

Procédure expéditive

26 Le comité des plaintes n’a pas à tenir d’ Insertion start audience Insertion end ou à donner à quiconque la possibilité de présenter des observations orales avant de formuler sa recommandation à l’égard de la plainte.

Continuing jurisdiction

27 The Complaints Committee Insertion start retains Insertion end jurisdiction to deal with a complaint regarding the conduct or actions of a person or entity who Insertion start has ceased Insertion end to be a member or permit holder.

Temporary suspension

27.‍1 (1) The Complaints Committee may suspend the licence belonging to the member who is the subject of the complaint, if

• (a) the continuation of the member’s surveying activities may put the public at risk; or

• (b) the complaint was referred to the Discipline Committee in accordance with subsection 24.‍5(2).

  End of inserted block

Decision in writing

(2) A decision of the Complaints Committee to suspend a licence under this section shall be in writing and set out reasons.

Notice — temporary suspension

(3) The Complaints Committee shall cause a copy of every decision to suspend under this section to be given to the Discipline Committee, the Council and the Registrar. The Registrar shall cause a notice of every decision to suspend under this section to be served on the member who is the subject of the complaint and on the complainant and shall notify the other members of the suspension.

Publication

(4) The Registrar shall make public a decision to suspend a member’s licence under this section.

Application of suspension

(5) The decision to suspend is enforceable on being served on the subject of the complaint and remains in force until the Registrar causes a decision of the Discipline Committee regarding the complaint that led to the suspension to be served on the member to whom the decision relates, in accordance with subsection 31(3), and on the Complaints Committee.

Appeal

(6) A member whose licence has been suspended may, by filing a written notice of appeal within 30 days after the day on which a notice of a decision is served, appeal the decision to suspend the member’s licence to the Federal Court.

End of suspension

(7) If the member’s licence was suspended under paragraph 27.‍1(1)‍(b), the Discipline Committee may, at the member’s request, end the suspension if it is of the opinion that the member has responded to the request for assistance or information since the suspension of their licence.

Appeal

(8) If the Discipline Committee does not end the suspension of the member’s licence, the member may, by filing a written notice of appeal within 30 days after the day on which the Discipline Committee decides not to end the suspension, appeal the decision to the Federal Court.

• (a) subject to Insertion start sections Insertion end 29 and Insertion start 30.‍1 Insertion end , hear and determine allegations of professional misconduct or incompetence in complaints submitted to it by the Insertion start Complaints Committee Insertion end ; Insertion start or Insertion end

• (b) hear and determine matters referred to it by the Registrar with respect to

  • (i) the reinstatement of a member in the Association, or

  • (ii) the issuance of a new licence or permit to any person or entity whose licence or permit has been revoked.

29 The Discipline Committee shall begin the process of examining a complaint referred to them regarding a suspension under section 27.‍1 no later than 15 days after the day on which the complaint is referred.

30 The Discipline Committee Insertion start retains Insertion end jurisdiction to deal with a complaint regarding the conduct or actions of Insertion start a person or entity who has ceased Insertion end to be a member or permit holder.

30.‍1 The Discipline Committee may, without holding a discipline hearing, take one or more of the actions set out in subsection 31(1) against the member or permit holder who is the subject of the complaint if the member or permit holder

• (a) agrees with the findings of the Complaints Committee;

• (b) accepts to forego a discipline hearing; and

• (c) accepts the actions that the Discipline Committee proposes to take against them.

  End of inserted block

Hearing

30.‍2 At a hearing, the Discipline Committee shall provide the member or permit holder who is the subject of the complaint with an opportunity to present evidence and make representations.

30.‍3 The Discipline Committee may summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary for the full examination of the complaint, in the same manner and to the same extent as a superior court of record.

30.‍4 (1) Discipline Committee hearings shall be public.

(2) However, the Committee may conduct hearings in camera if it considers it necessary to prohibit the disclosure, publication or distribution of information or documents, for a reason of public order, including to ensure respect for professional secrecy or the protection of a person’s privacy, safety or reputation.

Powers

31 (1)  Insertion start If Insertion end the Discipline Committee finds a member or permit holder guilty of professional misconduct or incompetence, the Discipline Committee may take one or more of the following actions:

• a)  Insertion start annuler l’adhésion du Insertion end membre Insertion start à Insertion end l’Association;

• (b) revoke the member’s commission or licence or the permit holder’s permit;

• (c) suspend the member’s commission or licence or the permit holder’s permit for a period not exceeding two years;

• (d) accept an undertaking that limits the member’s or permit holder’s surveying activities to the extent specified in the undertaking;

• (f) impose on the member or permit holder a penalty not in excess of Insertion start the amount prescribed by regulation Insertion end , payable to the Association;

• (g) reprimand the member or permit holder and direct that the reprimand be recorded in the register maintained by the Registrar;

• (h) direct the member or permit holder to reimburse the complainant, the Association or both all or any part of the costs associated with the complaint;

• (i) direct that the members be notified of any action taken by the Discipline Committee under this section; and

Service

(3) The Discipline Committee shall cause a copy of every decision to take action under this section to be given to the Council Insertion start and the Registrar Insertion end , and the Insertion start Registrar Insertion end shall cause a copy of the decision to be served on the member or permit holder to whom the decision relates and on the complainant.

Suspension

(4)  Insertion start S’il est d’avis que les circonstances le justifient, le comité de discipline Insertion end peut, selon les modalités qu’il précise, suspendre l’exécution Insertion start de sa décision Insertion end pour la période Insertion start qu’il estime appropriée Insertion end .

Notification of members

(5) The Registrar shall notify the members whenever a membership in the Association is cancelled or a commission, licence or permit is revoked or suspended.

Publication

(5.‍1) The Registrar shall make public a decision of the Discipline Committee to cancel a member’s membership in the Association or to revoke or suspend a member’s commission, licence or permit.

Notification of unfounded allegation

(6)  Insertion start If Insertion end the Discipline Committee finds that an allegation of professional misconduct or incompetence against a member or permit holder is unfounded, the Registrar shall, on the request of the member or permit holder, notify the members of that finding.

Reimbursement of costs

(7)  Insertion start If Insertion end the Discipline Committee is of the opinion that proceedings before it in relation to any member or permit holder are unwarranted, it may recommend to the Council that the Association reimburse the whole or part of the member’s or permit holder’s costs.

Register of surveyors

34 (1) The Registrar shall maintain a register in which is recorded the name of every Canada Lands Surveyor and all other information required by the Insertion start by-laws Insertion end to be recorded in that register.

Register of other information

(2) The Registrar shall maintain a register in which is recorded

• (a) the name and address of every member who holds a licence, every other member and every permit holder;

• (b) information that is required by the Insertion start by-laws Insertion end to be recorded in that register;

• (c) information that is directed by the Discipline Committee to be recorded; and

• (d) information that is directed by the Council to be recorded.

Copies

(2) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of a register pertaining to any member.

Immunity

37 No action or other proceedings for damages shall be instituted against the Association, a committee of the Association, a member, Insertion start an individual appointed to Insertion end a committee of the Association or an officer, employee, Insertion start representative Insertion end or appointee of the Association for any act done in the performance of any duty, or the exercise of any power, in good faith, under this Act or for any neglect or default in the performance of any duty, or the exercise of any power, in good faith, under this Act.

Granting membership

38 The Registrar Insertion start shall Insertion end grant membership in the Association to any Insertion start person who holds a commission Insertion end , or to any other person specified in the by-laws, who applies for membership and who complies with the regulations and the by-laws.

Cancellation for non-payment of fees

39 The Registrar may cancel a membership in the Association for the non-payment of any fee or levy prescribed in the by-laws after giving the member at least two months’ written notice of the default and intention to cancel.

Resignation

40 A member may resign from the Association by filing a resignation in writing with the Registrar.

Application for reinstatement

41 (1) A person whose membership in the Association has been cancelled for professional misconduct or incompetence may, any time after two years after the date of the cancellation, apply in writing to the Registrar, in accordance with the Insertion start by-laws Insertion end , to be reinstated as a member.

Standards of conduct

42 A member who directs the provision of surveying services is in all respects liable for maintaining the standards of conduct and competence in respect of the provision of those services.

Droit d’accès

43 Le titulaire de Insertion start licence Insertion end et toute personne agissant sous sa direction peuvent, afin d’exécuter un arpentage cadastral, pénétrer sur le terrain de qui que ce soit, le traverser et en mesurer les limites; ils prennent toutefois les précautions voulues pour éviter de causer quelque dommage en ce faisant.

Témoignages

44 (1) Le titulaire de Insertion start licence Insertion end qui exécute un arpentage cadastral peut, s’il a des motifs raisonnables de croire qu’une personne possède des renseignements sur toute matière s’y rapportant :

Convocation par le juge

(2) Tout juge de paix peut, sur demande d’un titulaire de Insertion start licence Insertion end , étayée par un affidavit énonçant la raison de la convocation du témoin, délivrer la citation à comparaître.

Signification et contenu

(3) La citation est signifiée soit à personne, soit à résidence, entre les mains d’une personne majeure; elle indique le jour, l’heure et le lieu de l’ Insertion start audience Insertion end devant le titulaire de Insertion start licence Insertion end .

Dépenses des témoins

(4) Le titulaire de Insertion start licence Insertion end verse au témoin convoqué Insertion start la somme Insertion end qui l’indemnisera des frais de déplacement entraînés par sa comparution devant lui; en cas de désaccord sur Insertion start la somme Insertion end , il soumet le différend à un juge de paix, dont la décision est alors définitive.

Consignation

45 Tout élément de preuve produit à l’ Insertion start audience Insertion end dans le cadre de l’article 44 est consigné par écrit et lu au témoin qui en est l’auteur et attesté par affirmation de celui-ci et du titulaire de Insertion start licence Insertion end .

Exigence — permis

46 Le titulaire de Insertion start licence Insertion end ne peut fournir de services d’arpentage cadastral à titre d’employé d’une entité que si celle-ci est elle-même titulaire d’un Insertion start permis Insertion end .

Certification of documents and drawings

47 Members Insertion start shall Insertion end certify their documents and drawings in accordance with the Insertion start by-laws Insertion end .

Exclusive use of title

49.‍1 A person, other than a member who holds a commission, shall not use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada”, or any addition to or abbreviation of that title, or any words, name or designation that leads to the belief that the person is a Canada Lands Surveyor.

Licences

50 Seul le titulaire d’ Insertion start une licence Insertion end ou une personne agissant sous sa direction peut effectuer l’arpentage cadastral des terres du Canada ou de terrains privés dans un territoire.

Other surveying

51  Insertion start A Insertion end member, other than a member who is a licence holder or who is acting under the direction of a licence holder, Insertion start shall not Insertion end engage in surveying on Canada Lands or private lands in a territory.

Conditions

52 Le demandeur de Insertion start licence Insertion end doit, Insertion start à la fois Insertion end  :

• (b) be a member;

• (c)  Insertion start subject to subsection 21(3) Insertion end , have experience and practical training in surveying totalling at least two years during the previous five years; and

• (d)  Insertion start subject to subsection 21(3) Insertion end , comply with the licensing requirements prescribed by the by-laws.

Issuance of licence

53 The Registrar may issue a licence to any person who applies for a licence and complies with the requirements Insertion start under Insertion end this Act.

Annulation de la licence

54 Le registraire peut annuler Insertion start la licence Insertion end pour défaut de paiement des droits ou cotisations fixés par les règlements administratifs, après avoir donné au titulaire un préavis d’au moins deux mois entre le non-paiement et l’éventuelle annulation.

Application for new licence

55 (1) A person whose licence has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the Insertion start by-laws Insertion end , for a new licence.

Liability insurance required

56 (1) Subject to subsection (2) and the Insertion start by-laws Insertion end , every member who engages in surveying must be insured against professional liability.

Exception

(2) Subsection (1) does not apply in respect of a member who is employed by Her Majesty in right of Canada or a province, Insertion start by an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province Insertion end .

Levies

(4) The Association may prescribe levies to be paid by members in respect of arrangements entered into under subsection (3).

Permis

57 Une entité ne peut Insertion start fournir de services d’ Insertion end arpentage cadastral des terres du Canada ou des terrains privés dans un territoire que si elle est titulaire d’ Insertion start un permis Insertion end .

Issuance of permit

58 The Registrar may issue a permit to an entity that applies for a permit in accordance with the Insertion start by-laws Insertion end .

Annulation pour non-paiement

59 Le registraire peut annuler Insertion start le permis Insertion end pour défaut de paiement des droits ou cotisations fixés par les règlements administratifs, après avoir donné au titulaire un préavis d’au moins deux mois entre le non-paiement et l’éventuelle annulation.

Revocation for lack of licence

60 The Registrar may revoke a permit if the permit holder no longer has a Insertion start director Insertion end , Insertion start officer Insertion end , partner or employee who holds a licence and who is capable of personally supervising and directing cadastral surveys.

Application for new permit

61 (1) An entity whose permit has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the Insertion start by-laws Insertion end , for a new permit.

Council may make regulations

62 The Council may, Insertion start with Insertion end the approval of the Minister, make regulations

• (a)  Insertion start respecting Insertion end the composition of committees established under Insertion start subsection 19(1) Insertion end and the rules, practices and procedures of those committees;

• (b)  Insertion start respecting Insertion end the duties and powers of the Registrar;

• (c)  Insertion start respecting Insertion end the investigation of complaints, the procedures of the Complaints Committee and the Discipline Committee and the hearing Insertion start or other treatment Insertion end of allegations of professional misconduct or incompetence Insertion start and the actions taken in response to those allegations Insertion end ;

• (d)  Insertion start respecting Insertion end the definition of “professional misconduct” and “incompetence” for the purposes of this Act; Insertion start and Insertion end

• (e)  Insertion start prescribing anything that is to be prescribed under this Act. Insertion end

Arpentage cadastral sans licence

64 Commet une infraction passible, sur déclaration de culpabilité par procédure sommaire, d’une amende maximale de 10 000 $ et d’un emprisonnement maximal de six mois, ou de l’une de ces peines, quiconque effectue Insertion start ou prétend effectuer Insertion end un arpentage cadastral sur les terres du Canada ou sur des terrains privés dans un territoire sans être titulaire d’ Insertion start une licence Insertion end ou agir sous la direction d’un titulaire de Insertion start licence Insertion end .

• a) falsifie ou fait falsifier tout renseignement relatif à un registre tenu par le registraire sous le régime de la présente loi ou délivre une fausse licence, un faux permis, ou un faux document relatif à un tel registre;

• b) tente d’obtenir une licence ou un permis en faisant sciemment une déclaration fausse ou trompeuse sur un point important.

Injunctions

68 On application by the Association, if a court of competent jurisdiction is satisfied that a contravention of any provision of this Act, the regulations or the by-laws is being or is likely to be committed, the court may grant an injunction subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate.

Service of notices, etc.

71 (1) Subject to subsection 44(3), a notice or document required Insertion start under any provision of Insertion end this Act, Insertion start the regulations or the by-laws Insertion end to be served or delivered may be served personally or delivered Insertion start electronically or Insertion end by Insertion start registered Insertion end mail addressed to the person to whom the notice or document is to be given at the person’s last known address.

When service made

(2)  Insertion start If Insertion end a notice or document is delivered Insertion start electronically or Insertion end by Insertion start registered Insertion end mail, the delivery is deemed to have been made on the 10th day after the day Insertion start on which it is sent Insertion end unless the person to whom the notice or document is given establishes that the person, acting in good faith, through absence, illness or other cause beyond the person’s control, did not receive the notice or document, or did not receive the notice or document until a later date.

Who may take oaths

72 Any oath or affidavit mentioned in this Act may be taken before any judicial officer, notary public, commissioner for taking Insertion start oaths Insertion end or Canada Lands Surveyor.

References

76 Every reference to the former Association in any deed, contract, agreement or other document executed Insertion start or signed according to all the required formalities for their validity Insertion end by the former Association shall, unless the context otherwise requires, be read as a reference to the new Association.

Importation

6 (1)  Insertion start Subject to the regulations Insertion end , no person shall import into Canada any animal or plant that was taken, or any animal or plant, or any part or derivative of an animal or plant, that was possessed, distributed or transported in contravention of any law of any foreign state.

Importation et exportation

(2) Sous réserve des règlements, il est interdit d’importer au Canada ou d’exporter hors du Canada — Insertion start sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent Insertion end — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

Acheminement interprovincial

(3) Sous réserve des règlements, il est interdit d’acheminer d’une province à l’autre — Insertion start sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent Insertion end — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

Transport requiring provincial licence

7 (1)  Insertion start Subject to the regulations, if Insertion end a Insertion start licence Insertion end issued by a competent authority in Insertion start a Insertion end province is Insertion start required in order to transport Insertion end any animal or plant, or any part or derivative of an animal or plant, out of Insertion start the Insertion end province, no person shall transport any animal, plant or part or derivative of an animal or plant from Insertion start the Insertion end province to another province except under and in accordance with such a Insertion start licence Insertion end .

Provincial prohibitions

(2)  Insertion start Subject to the regulations Insertion end , no person shall transport from a province to another province any animal or plant, or any part or derivative of an animal or plant, Insertion start if Insertion end the animal or plant was taken, or the animal, plant, part or derivative was possessed, distributed or transported, in contravention of any provincial Act or regulation.

Permis fédéral

Délivrance

10 (1) Le ministre peut délivrer, sur demande et aux conditions qu’il estime indiquées, Insertion start un permis Insertion end autorisant l’importation, l’exportation ou l’acheminement interprovincial de tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

Annulation ou suspension

(3) Après avoir donné à l’intéressé la possibilité de faire valoir ses observations, le ministre peut annuler ou suspendre Insertion start le permis Insertion end en cas de contravention à Insertion start toute condition Insertion end dont Insertion start il Insertion end est Insertion start assorti Insertion end .

• a) régir la délivrance, le renouvellement, l’annulation ou la suspension des Insertion start permis Insertion end et prévoir les cas de dispense;

Proposed recovery strategy

42 (1) Subject to Insertion start subsections Insertion end (2) Insertion start and (3) Insertion end , the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

Proposed recovery strategy

42 (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

Assessment under section 130

(3) If a wildlife species is added to the List as the result of an assessment under section 130, the competent minister must include a proposed recovery strategy in the public registry within three years after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within four years after the wildlife species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

Proposed management plan

68 (1) Subject to Insertion start subsections Insertion end (2) Insertion start and (2.‍1) Insertion end , the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.

Proposed management plan

68 (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.

Assessment under section 130

(2.‍1) If a wildlife species is added to the List as a species of special concern as the result of an assessment under section 130, the competent minister must include a proposed management plan in the public registry within five years after the wildlife species is listed.

Assessment of Wildlife Species Mentioned in Insertion start Schedule 3 Insertion end

Assessment of status

130 (1) COSEWIC must assess the status of each wildlife species set out in Schedule 3, and, as part of the assessment, identify existing and potential threats to the species and

Extension

(5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 3. The Minister must include a statement in the public registry setting out the reasons for the extension.

Amendment to Schedule 3

131.‍1 The Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 3 by removing a species if COSEWIC has assessed the status of the species under section 130 or has determined that the species is not a wildlife species or a species at risk.

Definitions

2  Insertion start The following definitions apply in this Act. Insertion end

administrative body means an administrative body referred to in subsection 3(3).‍ (organisme administratif)

agricultural product includes wood.‍  Insertion start (produit agricole) Insertion end

marketing board means a marketing board named in column 2 of the schedule.‍ (office de commercialisation)

Minister means the Minister of Agriculture and Agri-Food.‍ (ministre)

person means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization.‍ (personne)

Powers — marketing boards

3 (1)  Insertion start A marketing Insertion end board may, in relation to the marketing of Insertion start an Insertion end agricultural product Insertion start named or described in column 3 of the schedule Insertion end , exercise Insertion start in the market set out in column 4 Insertion end all or any powers like the powers Insertion start that it may exercise under the law of a province Insertion end .

Levies and charges

(2)  Insertion start A Insertion end Insertion start marketing Insertion end board Insertion start has the power Insertion end , in relation to the marketing of Insertion start an Insertion end agricultural product Insertion start named or described in column 3 of the schedule Insertion end in Insertion start the market set out in column 4 Insertion end ,

• (a)  Insertion start to establish and Insertion end impose levies or charges and Insertion start to Insertion end collect Insertion start them Insertion end from persons Insertion start that are Insertion end engaged in the production or marketing of the whole or any part of Insertion start the Insertion end agricultural product;

• (b)  Insertion start for the purposes of paragraph (a) Insertion end , Insertion start to Insertion end classify those persons into groups and Insertion start to establish Insertion end the levies or charges payable by the members of the different groups in different amounts; and

• ( Insertion start c Insertion end )  Insertion start to Insertion end use the levies or charges for the purposes of the Insertion start marketing Insertion end board, including

  • Insertion start (i) Insertion end  the creation of reserves,

  • Insertion start (ii) Insertion end  the payment of expenses and losses resulting from the sale or disposal of Insertion start the Insertion end agricultural product, and

  • Insertion start (iii) Insertion end  the equalization or adjustment among producers of Insertion start the Insertion end agricultural product of moneys realized from the sale of Insertion start the product Insertion end during Insertion start any Insertion end period or periods of time Insertion start that Insertion end the Insertion start marketing Insertion end board may determine.

Powers — administrative bodies

(3) An administrative body may, in relation to the marketing of an agricultural product named or described in column 3 of the schedule, exercise in the market set out in column 4 all or any powers like the powers — with respect to approvals, supervision, arbitrations or appeals — that it may exercise under the law of a province.

Limitation on powers

4 (1) The powers granted under section 3 do not include any power that is exercised by the Canadian Dairy Commission under the Canadian Dairy Commission Act or by an agency established under the Farm Products Agencies Act.

Application

(2) The powers granted under section 3 may be exercised only with respect to persons that are situated within the province and to agricultural products that are produced within the province.

Exception — milk

(3) Despite subsection (2), a marketing board or an administrative body from the same province may exercise the powers granted to it under section 3 in relation to the marketing of milk only with respect to a person that has been granted a quota for the production of milk by the marketing board or administrative body and to milk produced under that quota, regardless of whether the person is situated, or the milk is produced, within or outside of the province.

Definition of milk

(4) For the purposes of subsection (3), milk means that agricultural product as it is described in column 3 of the schedule for each marketing board — or an administrative body from the same province — that is granted powers under section 3 in relation to the marketing of that agricultural product.

Recovery of debt

5  Insertion start A levy Insertion end or Insertion start charge Insertion end imposed by a Insertion start marketing Insertion end board under section Insertion start 3 Insertion end Insertion start constitutes Insertion end a debt due to Insertion start it Insertion end and may be recovered by it in any court of competent jurisdiction.

Accessibility of information

6 (1) A marketing board or administrative body must make accessible to the persons with respect to which it exercises the powers granted to it under section 3, through the Internet or by any other means that it considers appropriate, every requirement or other measure that it establishes in the exercise of such a power.

Restriction

(2) A requirement or other measure is not enforceable in respect of any period during which the requirement or measure is not made accessible in accordance with this section.

Conflict

7 In the event of a conflict between a requirement or other measure established by a marketing board in the exercise of the powers granted to it under section 3 and a requirement or other measure established by an administrative body from the same province in the exercise of the powers granted to it under that section, the requirement or measure established by the marketing board prevails to the extent of the conflict.

Amendments to schedule

8 (1) The Minister may, by order, amend the schedule by

• (a) subject to subsection (2), adding, deleting or amending, in column 2, the name of a marketing board;

• (b) in relation to a marketing board, adding, deleting or amending, in column 3, the name or description of an agricultural product; and

• (c) in relation to a marketing board, adding, deleting or amending, in column 4, a market.

  End of inserted block

Condition precedent

(2) The Minister may add the name of a marketing board to the schedule only if the board is authorized under the law of a province to exercise powers in relation to the marketing of an agricultural product within the province.

Regulations

9 The Governor in Council may make regulations for carrying Insertion start out Insertion end the purposes and provisions of this Act.

• Start of inserted block

  (b.‍2) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.‍31(2);

  End of inserted block

• Start of inserted block

  (h.‍3) respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of feeds;

  End of inserted block

Registrations, Licences and Insertion start Approvals Insertion end

Feed — prescribed conditions

5.‍31 (1) If feed is approved by the Minister or feed is registered, the approval or registration is subject to the prescribed conditions.

Conditions — Minister

(2) The Minister may make an approval or registration subject to any additional conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human or animal health or to the environment.

Obligation to comply

(3) A person who manufactures, sells or imports feed must comply with all the conditions to which the approval or registration of the feed is subject.

Notice

(2) The notice must either be delivered personally to the owner or importer of the feed or to the person having possession, care or control of it or be sent to the Insertion start owner, importer Insertion end or Insertion start person Insertion end by Insertion start any method that provides proof of delivery or by any prescribed method Insertion end .

biotechnology has the meaning assigned by the regulations; (biotechnologie)

novel supplement means 

• (a) a supplement that is not registered and not exempt from registration, or

• (b) a supplement that is derived through biotechnology and has a novel trait; (supplément nouveau)

novel trait has the meaning assigned by the regulations; (caractère nouveau) 

release means, except for the purposes of subsection 9(2), any discharge or emission of a supplement into the environment or exposure of a supplement to the environment; (dissémination)

Release of novel supplements

3.‍5 A person must not release a novel supplement, except in accordance with the regulations.

• Start of inserted block

  (b.‍2) respecting the amendment of any of the conditions to which the registration or approval of fertilizers or supplements are subject by reason of subsection 5.‍31(2);

• (b.‍3) respecting the amendment of any of the conditions to which the authorization to release a novel supplement is subject by reason of subsection 5.‍32(1);

  End of inserted block

• Start of inserted block

  (c.‍5) respecting the release of novel supplements;

• (c.‍6) defining the terms “biotechnology” and “novel trait” for the purposes of this Act;

  End of inserted block

Registrations, Licences and Insertion start Other Authorizations Insertion end

Fertilizers and supplements — prescribed conditions

5.‍31 (1) If a fertilizer or supplement is approved by the Minister or a fertilizer or supplement is registered, the approval or registration is subject to the prescribed conditions.

Conditions — Minister

(2) The Minister may make an approval or registration subject to any additional conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human, animal or plant health or to the environment.

Obligation to comply

(3) A person who sells or imports a fertilizer or supplement must comply with all the conditions to which the approval or registration of the fertilizer or supplement is subject.

Novel supplements — conditions

5.‍32 (1) If the Minister authorizes, under the regulations, a person to release a novel supplement, the Minister may make the authorization subject to any conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human, animal or plant health or to the environment.

Obligation to comply

(2) A person that has received authorization from the Minister to release a novel supplement must comply with all the conditions to which the authorization is subject.

Notice

(2) The notice must either be delivered personally to the owner or importer of the fertilizer or supplement or to the person having possession, care or control of it or be sent to the Insertion start owner, importer Insertion end or Insertion start person Insertion end by Insertion start any method that provides proof of delivery or by any prescribed method Insertion end .

release means, except for the purposes of subsection 8(2), any discharge or emission of seed into the environment or exposure of seed to the environment and includes the growing and field testing of plants; (dissémination)

Release of seeds

3.‍3 (1) A person must not release seed, except in accordance with the regulations.

Non-application

(2) Subsection (1) does not apply to seed described in section 108 of the Seeds Regulations.

Non-application

(2) Subsection (1) does not apply to prescribed seed.

• (a.‍1) providing for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used;

• Start of inserted block

  (a.‍5) respecting the release of seed;

  End of inserted block

• Start of inserted block

  (j.‍4) respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of seeds;

  End of inserted block

Notice

(2) The notice must either be delivered personally to the owner or importer of the seed or to the person having possession, care or control of it or be sent to the Insertion start owner, importer Insertion end or Insertion start person Insertion end by Insertion start any method that provides proof of delivery or by any prescribed method Insertion end .

environment means the components of the Earth and includes 

• (a) air, land and water,

• (b) all layers of the atmosphere,

• (c) all organic and inorganic matter and living organisms, and

• (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

release means, except for the purposes of subsection 45(1), any discharge or emission of a veterinary biologic into the environment; (dissémination)

Release of veterinary biologics

11.‍2 (1) A person must not release a veterinary biologic, except in accordance with the regulations.

Non-application

(2) Subsection (1) does not apply to a veterinary biologic or a release described in subsection 120.‍2(2) of the Health of Animals Regulations.

Non-application

(2) Subsection (1) does not apply to prescribed veterinary biologics.

Notice

(2) The notice must either be delivered personally to the owner or importer of the animal or thing or to the person having possession, care or control of it or be sent to the Insertion start owner, importer Insertion end or Insertion start person Insertion end by Insertion start any method that provides proof of delivery or by any prescribed method Insertion end .

Program Approvals

Approvals

21.‍1 The Minister may approve programs developed for any of the following purposes by an entity other than the Canadian Food Inspection Agency:

• (a) preventing the introduction of any vector, disease or toxic substance into Canada or into another country from Canada;

• (b) controlling or eradicating, or preventing the spread of, vectors, diseases or toxic substances; or

• (c) quarantining, segregating, treating or disposing of, or dealing generally with, animals or things that

  • (i) are, or are suspected of being, affected or contaminated by a disease or toxic substance,

  • (ii) have been in contact with or in close proximity to animals or things that were, or are suspected of having been, affected or contaminated by a disease or toxic substance at the time of contact or close proximity, or

  • (iii) are, or are suspected of being, vectors, the causative agents of disease or toxic substances.

    End of inserted block

• Start of inserted block

  (iii) exists in the place or the part of the place, but also exists outside of that place or that part of the place under such conditions that, in the opinion of the inspector or officer, it is no longer necessary to prevent its spread outside of the place or the part of the place; or

  End of inserted block

• (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance Insertion start and, in the opinion of the inspector or officer, it is no longer necessary for that place to be constituted to be an infected place under either of those sections to prevent the spread of that disease or toxic substance outside of that place Insertion end .

• f) contrôler Insertion start ou Insertion end éliminer Insertion start des Insertion end vecteurs, Insertion start des Insertion end maladies et Insertion start des Insertion end substances toxiques Insertion start ou en Insertion end empêcher la propagation et prendre toute mesure — notamment l’isolation, la mise en quarantaine, le traitement ou la destruction — à l’égard de telles substances ainsi que des animaux ou choses qui :

• (s) prohibiting or regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, testing, transportation, sale, conditions of sale, advertising for sale, use, Insertion start release Insertion end and disposal of veterinary biologics and regulating their purity, potency, efficacy and safety;

• Start of inserted block

  (s.‍2) respecting the approval of programs for the purposes of section 21.‍1;

  End of inserted block

Interim Orders

Interim orders

64.‍11 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to human or animal health and safety or the environment.

Period of validity

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

• (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

• (b) the day on which it is repealed,

• (c) the day on which a regulation made under this Act that has the same effect as the interim order comes into force,

• (d) one year after the interim order is made or any shorter period that may be specified in the interim order, unless it is extended by the Governor in Council, and

• (e) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order.

  End of inserted block

Extension — Governor in Council

(3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)‍(d).

Contravention of unpublished order

(4) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

Statutory Instruments Act

(5) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

Presumption

(6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act includes interim orders, and any reference to a regulation made under a specified provision of this Act includes a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

Tabling of order

(7) The Minister shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting.

Licences, Permits and Other Documents

Minister’s power

64.‍12 Subject to the regulations, the Minister may renew, amend, suspend or revoke a licence, permit, approval or other document issued by the Minister.

Notice

(2) The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent to the Insertion start owner, importer Insertion end or Insertion start person Insertion end by Insertion start any method that provides proof of delivery or by any prescribed method Insertion end .

Authorizations, Insertion start Permits and Other Documents Insertion end

Minister’s power

47.‍21 The Minister may, subject to the regulations, renew, amend, suspend or revoke a permit or other document issued by the Minister.

Electronic Administration and Enforcement

Powers, duties and functions

11.‍1 (1) The Agency may administer and enforce this Act and any Acts or provisions that it administers or enforces by virtue of section 11 using electronic means, and the Minister and the President may exercise any power or perform any duty or function conferred on the Minister or President under this Act or any of those Acts or provisions using electronic means.

Designated persons

(2) Any person who is, or who belongs to a class that is, designated by the Minister under this Act or any other Act or provision referred to in subsection (1) for the purpose of administering or enforcing this Act or any of those other Acts and any person who is, or who belongs to a class of persons that is, designated by the President under subsection 13(3) may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available to them or specified by whichever one designated them or the class to which they belong.

Delegation

(3) Any person to whom the Minister delegates powers, duties and functions under subsection 4(2) and any person to whom the President delegates powers, duties and functions under section 7 may exercise the powers or perform the duties and functions using the electronic means that are made available to them or specified by whichever one delegated those powers, duties and functions to them.

Decision using automated system

(4) For greater certainty, an electronic system, including an automated system, may be used by the Minister and by the President to make a decision under this Act or any other Act or provision referred to in subsection (1), and, for the same purpose, by a designated person, or a person who belongs to a designated class, referred to in subsection (2) and a person to whom powers, duties and functions are delegated under subsection 4(2) or section 7, if the Minister or President makes the system available to the person or class of persons that the Minister or President designates or to the person to whom the Minister or President delegates powers, duties and functions.

Conditions for electronic version

11.‍2 If this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 requires a signature or any information to be provided, a decision, application or request to be made, notice to be given or any other document to be submitted or otherwise provided or requires the original of a document to be submitted or otherwise provided, the electronic version of the signature, information, decision, application, request, notice or other document meets the requirement if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister or President; and

• (b) any other requirements that may be provided for in regulations made under section 11.‍3 are met.

  End of inserted block

Regulations

11.‍3 (1) The Governor in Council may make regulations respecting the application of section 11.‍1 and paragraph 11.‍2(b), including regulations

• (a) respecting the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;

• (b) respecting the date and time when, and the place where, an electronic version of a decision, application, request, notice or other document or of any information is deemed to be sent or received;

• (c) prescribing the circumstances in which a person who provides a signature or any information, makes a decision, application or request, gives notice or submits or otherwise provides any other document under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 is required to do so using electronic means, including an electronic system, or may do so using other means, and prescribing those means; and

• (d) prescribing the circumstances in which the Minister or the President may authorize or require a person who provides a signature or any information, makes a decision, application or request, gives notice or submits or otherwise provides any other document under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 to do so using any means that the Minister or President specifies.

  End of inserted block

Electronic payments

(2) The regulations may

• (a) require that payments that are to be made or evidence of payment that is to be provided under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 are to be made or provided by means of an electronic system;

• (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means and respecting those other means; and

• (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

  End of inserted block

• (a) any food as defined in section 2 of the Food and Drugs Act, Insertion start taking into account that that definition is subject to section 2.‍4 of that Act Insertion end ;

Notice

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

• (d) one year after the interim order is made or any shorter period that may be specified in the interim order, Insertion start unless it is extended by the Governor in Council Insertion end , and

• Start of inserted block

  (e) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order.

  End of inserted block

Extension — Governor in Council

(2.‍1) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)‍(d).

Contravention of unpublished order

(3) A person is not to be determined to have committed a violation, or to be Insertion start found guilty Insertion end of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention,

• (a) the person had been notified of the interim order; or

• (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

environmental risk, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions of registration or Insertion start conditions of authorization or Insertion end proposed conditions Insertion start of registration or proposed conditions of authorization, as the case may be Insertion end . (risque environnemental)

health risk, in respect of a pest control product, means the possibility of harm to human health resulting from exposure to or use of the product, taking into account its conditions of registration or Insertion start conditions of authorization or Insertion end proposed conditions Insertion start of registration or proposed conditions of authorization, as the case may be Insertion end . (risque sanitaire)

• (a) any conditions specified by the Minister under paragraph 8(1)‍(a) or subsection 8(2) or when amending Insertion start or renewing Insertion end the registration of a pest control product under this Act; and

value, in respect of a pest control product, means the product’s actual or potential contribution to pest management, taking into account its conditions of registration or Insertion start conditions of authorization or Insertion end proposed conditions Insertion start of registration or proposed conditions of authorization, as the case may be Insertion end , and includes the product’s  

conditions of authorization means  

• (a) any conditions specified by the Minister under subsection 41(1.‍1) or when amending or renewing an authorization made under section 41; and

• (b) any other requirements stated by this Act or the regulations to be conditions of authorization. (conditions d’autorisation)

  End of inserted block

• (a) any conditions specified by the Minister under subsection 41(1.‍1) or 41.‍02(2) or when amending or renewing an authorization made under section 41 or 41.‍02; and

Acceptable risks

(2) For the purposes of this Act, the health Insertion start risks Insertion end or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result from exposure to or use of the product, taking into account its conditions of registration or proposed conditions Insertion start of registration or conditions of authorization or proposed conditions of authorization, as the case may be Insertion end .

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 Insertion start subsections Insertion end 21(5), 41(1) or Insertion start 41.‍02(1) Insertion end , section 48 or 51, any of sections 53 to 59 or the regulations.

Conditions of authorization

(2.‍1) Except as otherwise authorized under section 53.‍3 or 54, no person shall manufacture, import, export or distribute a pest control product that is referred to in an authorization under section 41 unless the conditions of authorization respecting the product’s composition and any other conditions of authorization have been complied with.

Packaging and labelling

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

• Insertion start (a) Insertion end  if Insertion start the product Insertion end is registered, the conditions of registration; Insertion start and Insertion end

• Start of inserted block

  (b) if the product is the subject of an authorization issued to a person under section 41, the conditions of authorization.

  End of inserted block

Conditions of authorization

(2.‍1) Except as otherwise authorized under section 53.‍3 or 54, no person shall manufacture, import, export or distribute a pest control product that is referred to in an authorization under section 41 or 41.‍02, unless the conditions of authorization respecting the product’s composition and any other conditions of authorization have been complied with.

Packaging and labelling

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

• (a) if the product is registered, the conditions of registration; and

• (b) if the product is the subject of an authorization issued to a person under section 41 or if the product is authorized under section 41.‍02, the conditions of authorization.

• (b) if the product is registered Insertion start or if it is the subject of an authorization under section 41 Insertion end , the directions on the label recorded in the Register, subject to the regulations.

• (b) if the product is registered or if it is the subject of an authorization under section 41 or if it is authorized under section 41.‍02, the directions on the label recorded in the Register, subject to the regulations.

Packaging, labelling and advertisement

(7) No person shall package, label 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, registration or Insertion start authorization Insertion end .

Applications for Registration, Amendment or Insertion start Renewal Insertion end

Application to Minister

7 (1) An application to register a pest control product or to amend Insertion start or renew Insertion end the product’s registration Insertion start shall Insertion end be made to the Minister in the form and manner directed by the Minister and Insertion start shall Insertion end include any information or other thing that is required by the regulations to accompany the application.

Refusal of application

7.‍1 (1) On receiving an application under section 7, if the Minister determines that the pest control product meets the prescribed criteria referred to in paragraph 41.‍02(1)‍(a), the Minister may refuse the application and evaluate the product for an authorization under section 41.‍02.

Written reasons

(2) If the Minister refuses the application and evaluates the product for an authorization under section 41.‍02, the Minister shall provide the applicant with written reasons.

Registration, amendment or renewal

8 (1) If the Minister considers that the health Insertion start risks Insertion end and environmental risks and the value of the pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall register the product or amend Insertion start or renew Insertion end its registration in accordance with the regulations, if any, by

• (c) specifying the period for which the registration or amended Insertion start or renewed Insertion end registration is valid, which period may be either finite or indefinite.

Conversion — registration to authorization

8.‍1 If the Minister determines that a registered pest control product meets the prescribed criteria referred to in paragraph 41.‍02(1)‍(a), the Minister may, at any time and with the written consent of the registrant, convert the product’s registration to an authorization under section 41.‍02, based on that prescribed criteria for the product or class of products.

Authorization — Insertion start Persons Insertion end

Authorization Issued by Minister

Authorization, amendment or renewal — person

41 (1) The Minister may, Insertion start on request and Insertion end subject to Insertion start subsections (1.‍1) to (1.‍4) Insertion end and in accordance with the regulations, authorize a person Insertion start or amend or renew an authorization for the person Insertion end to Insertion start manufacture, handle, store, transport, import, export, distribute Insertion end , use Insertion start or dispose of a Insertion end pest control product Insertion start or a class of pest control products Insertion end .

Conditions of authorization

(1.‍1) The Minister may, in accordance with the regulations, if any, specify any conditions of authorization

• (a) respecting the manufacture, handling, storage, transport, import, export, distribution, use or disposition of, including conditions of authorization relating to the composition of the product or class of products;

• (b) respecting the recording, retaining and reporting to the Minister of information on sales of the product or the class of products within the time and in the form and manner directed by the Minister; and

• (c) respecting the reporting of information that relates to the health risks or environmental risks or, if applicable, the value of the product or class of products to the Minister within the time and in the form and manner directed by the Minister.

  End of inserted block

Authorization no longer in effect

(1.‍2) Paragraphs (1.‍1)‍(b) and (c) continue to apply, in accordance with the regulations, to a person authorized under this section whose authorization ceases to have effect.

Conditions of authorization — modification

(1.‍3) The Minister may modify or delete any conditions of authorization if the Minister considers it necessary

• (a) for the purpose of addressing additional information related to a change in the product’s or class of products’ health risks or environmental risks or, if applicable, value; or

• (b) for the purpose of clarifying, correcting or updating information relevant to the authorization.

  End of inserted block

Value

(1.‍4) Before issuing, amending or renewing the authorization, the Minister may consider if the value of the product or class of products is acceptable.

Unacceptable risks

(2) The Minister shall Insertion start issue, amend or renew the authorization Insertion end if the Minister considers that the Insertion start manufacture, handling, storage, transportation, importation, distribution or Insertion end use of the product Insertion start or class Insertion end of Insertion start products Insertion end for the specified purpose in accordance with any conditions Insertion start of authorization Insertion end specified does not pose health Insertion start risks and Insertion end environmental risks Insertion start that are Insertion end unacceptable and, if applicable Insertion start , the value of the Insertion end product or Insertion start class of products is acceptable Insertion end .

Validity period

(2.‍1) The Minister shall specify the period, in accordance with the regulations, if any, for which the authorization or amended or renewed authorization is to be valid, which period may be either finite or indefinite.

Other information

(2.‍2) The Minister may, by delivering a notice in writing, require a person who makes a request under subsection (1) to provide the Minister with other information in support of the application within the time and in the form specified in the notice.

Denial of request

(2.‍3) The Minister shall deny the request if the person who made the request under subsection (1) does not comply with the notice.

Suspension

(3) The Minister Insertion start may Insertion end suspend an authorization, if the Minister has reasonable grounds to believe that the conditions Insertion start of authorization Insertion end to which the authorization is subject have not been or will not be met Insertion start and the Minister Insertion end shall Insertion start suspend an authorization if the Minister has reasonable grounds to believe Insertion end that the continuance of the authorization poses unacceptable health Insertion start risks Insertion end or environmental risks.

Re-evaluation

Re-evaluation of product

41.‍01 (1) If the Minister initiates a re-evaluation in respect of a registered active ingredient contained in a pest control product that is the subject of an authorization issued to a person under section 41, the Minister may include that pest control product in the re-evaluation.

Application of certain provisions

(2) If the Minister determines that the product is to be included in the re-evaluation, the provisions of this Act and regulations that apply to the re-evaluation of a registered active ingredient apply to the re-evaluation of the product with any necessary modifications.

Authorization – Pest Control Products

Authorization Issued by Minister

41.‍02 (1) The Minister may, subject to subsections (2) and (4) and in accordance with the regulations, authorize a pest control product or class of pest control products or amend or renew the authorization for the product, to be manufactured, handled, stored, transported, imported, exported, distributed, used or disposed of by any person, if the Minister considers

• (a) that the product or class of products meets the prescribed criteria;

• (b) that the health risks and environmental risks of the product or class of products are acceptable; and

• (c) the value of the product or class of products to be acceptable.

  End of inserted block

(2) The Minister may, in accordance with the regulations, if any, specify any conditions of authorization

• (a) respecting the manufacture, handling, storage, transport, import, export, distribution, use or disposition of, including conditions of authorization relating to the composition of the product or class of products;

• (b) respecting the recording, retaining and reporting to the Minister, information on sales of the product or the class of products within the time and in the form and manner directed by the Minister; and

• (c) respecting the reporting of any information that relates to the health risks or environmental risks or the value of the product or class of products to the Minister within the time and in the form and manner directed by the Minister.

  End of inserted block

(3) Paragraphs (2)‍(b) and (c) continue to apply, in accordance with the regulations, to a person who was engaged in an activity referred to in subsection (1) in respect of a product or class of products whose authorization has ceased to have effect.

(4) The Minister may modify or delete any conditions of authorization if the Minister considers it necessary

• (a) for the purpose of addressing additional information related to a change in the product’s or class of products’ health risks or environmental risks or value; or

• (b) for the purpose of clarifying, correcting or updating information relevant to the authorization.

  End of inserted block

(5) The Minister shall specify the period, in accordance with the regulations, if any, for which the authorization or amended or renewed authorization is to be valid, which period may be either finite or indefinite.

(6) Despite subsection (1), the Minister may determine that

• (a) a product or class of products that meets the prescribed criteria for an authorization should be the subject of an application under section 7 for registration; and

• (b) a product or class of products referred to in paragraph (a) is not to be the subject of a determination for an authorization or its amendment or renewal under this section.

  End of inserted block

(7) The Minister may suspend an authorization if the Minister has reasonable grounds to believe that the conditions of authorization have not been or will not be met and the Minister shall suspend an authorization if the Minister has reasonable grounds to believe that the continuance of the authorization poses unacceptable health risks or environmental risks.

(8) If the Minister is considering issuing an authorization under this section, the Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system, on the authorization and any conditions of authorization, before making a decision to issue it.

(9) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system, before making a decision

• (a) about the reinstatement, amendment or cancellation of an authorization after its suspension; and

• (b) about any other matter in relation to an authorization if the Minister considers it in the public interest to do so.

  End of inserted block

(10) The Minister shall invite any person to send written comments on the proposed decision and specify the period within which any comments are to be received.

(11) The Minister shall consider any comments received before making a decision.

(12) The Minister shall reinstate, amend or cancel the authorization referred to in paragraph (9)‍(a) after considering the comments that are received.

(13) For greater certainty, an authorization that is issued, amended or renewed under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.

Re-evaluation

41.‍03 (1) If the Minister initiates a re-evaluation in respect of a registered active ingredient that is contained in a pest control product that has been authorized under section 41.‍02, the Minister may include that pest control product in the re-evaluation.

(2) If the Minister determines that the product is to be included in the re-evaluation, the provisions of this Act and regulations that apply to the re-evaluation of the registered active ingredient apply to the re-evaluation of the product with any necessary modifications.

• (a) for each application to register, amend or Insertion start renew Insertion end the registration of a pest control product,

• (i) in support of an application for registration or for the amendment Insertion start or renewal Insertion end of a registration, or

• (n) authorizations under sections 33 and 41 and amendments and cancellations Insertion start of authorizations Insertion end under sections 34 and 41 and Insertion start renewals of authorizations under section 41 Insertion end ;

• Start of inserted block

  (n.‍1) orders for recalls and for the taking of measures under this Act; and

  End of inserted block

• (n) authorizations under sections 33, 41 and 41.‍02 and amendments and cancellations of authorizations under sections 34, 41 and 41.‍02 and renewals of authorizations under sections 41 and 41.‍02;

• (ii) that the person does not intend to use the test data, or make the test data available to others, in order to register a pest control product in Canada or elsewhere or to amend Insertion start or renew Insertion end a registration.

• (a) use the test data in order to register a pest control product in Canada or elsewhere, or to amend Insertion start or renew Insertion end a registration; or

• (b) make the test data available to others for the purpose of registering a pest control product in Canada or elsewhere, or of amending Insertion start or renewing Insertion end a registration.

Orders for Recall and for Taking of Measures

Recall order

44.‍1 (1) If the Minister believes on reasonable grounds that a pest control product or a class of pest control products endangers human health or safety or the environment, the Minister may, by order, direct a registrant, person authorized under section 41 or person who manufactures, imports, exports or distributes the product or class of products to recall it.

Notice

(2) The order must be provided in the form of a written notice and must include

• (a) a statement of the reasons for the recall; and

• (b) the time and manner in which the recall is to be carried out.

  End of inserted block

Taking measures — order

44.‍2 (1) The Minister may, by order, direct a registrant, person authorized under section 41 or person who manufactures, imports, exports or distributes a pest control product or class of pest control products to take any measure referred to in subsection (2) if

• (a) the Minister has made an order under section 44.‍1 with respect to the product or class of products; or

• (b) the Minister believes on reasonable grounds that the product is the subject of a measure or recall undertaken voluntarily by the registrant, person authorized under section 41 or person who manufactures, imports, exports or distributes the product or class of products.

  End of inserted block

Measures

(2) The measures include stopping the manufacturing, handling, importing, exporting, storing, distributing, testing or transporting of the product or class of products or causing any of those activities to be stopped.

Notice

(3) The order must be provided in the form of a written notice and must include

• (a) a statement of the reasons for the measure; and

• (b) the time and manner in which the measure is to be carried out.

  End of inserted block

Recall or measures taken by Minister

44.‍3 If a person does not comply with an order made under section 44.‍1 or 44.‍2 within the time specified, the Minister may, on his or her own initiative and at that person’s expense, carry out the recall or measure required.

Review officer

44.‍4 The Minister may designate any individual or class of individuals that are qualified as review officers for the purpose of reviewing an order under section 44.‍5.

Request for review

44.‍5 (1) Subject to any other provision of this section, an order that is made under section 44.‍1 or 44.‍2 shall be reviewed on the written request of the person who was ordered to recall a pest control product or class of pest control products or to take another measure — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.

Contents of and time for making request

(2) The written request must state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided or, in the event of a serious and imminent danger to human health or safety or to the environment, any shorter period that may be specified in the order.

No authority to review

(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

Reasons for refusal

(4) The person who made the request shall, without delay, be notified in writing of the reasons for the refusal.

Review initiated by review officer

(5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).

Order in effect

(6) An order continues to apply during a review unless the review officer decides otherwise.

Completion of review

(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.

Extension of period for review

(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

Reasons for extension

(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.

Decision on completion of review

(10) On completion of a review, the review officer shall confirm, amend, cancel or terminate the order.

Notice

(11) The person who made the request or, if there is no request, the person who was ordered to recall the pest control product or to take another measure shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

Review of amendment

(12) An order that is amended is subject to review under this section.

Failure to recall — offence

44.‍6 (1) Every person who does not comply with an order made under subsection 44.‍1(1) is guilty of an offence.

Failure to take measures — offence

(2) Every person who does not comply with an order made under subsection 44.‍2(1) is guilty of an offence.

Punishment

(3) Every person who commits an offence under subsection (1) or (2) 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; 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

Non-application of Statutory Instruments Act

44.‍7 (1) An order made under section 44.‍1 or 44.‍2 is not a regulation within the meaning of the Statutory Instruments Act.

Notification

(2) A person shall not be convicted of an offence under subsection 44.‍6(1) or (2) unless the person was notified of the order.

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

Notice

(3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant, Insertion start the person authorized under section 41 Insertion end or, as the case may be, to the person having possession, care or control of the pest control product, activity or thing that was involved in the contravention Insertion start or the Insertion end owner Insertion start of that product or thing Insertion end and the notice Insertion start shall Insertion end be accompanied by a statement of the reasons for the order.

Notice

(3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant, the person authorized under section 41, the person who manufactures, imports, exports or distributes a pest control product or class of pest control products under section 41.‍02 or, as the case may be, to the person having possession, care or control of the pest control product, activity or thing that was involved in the contravention or the owner of that product or thing and the notice Insertion start shall Insertion end be accompanied by a statement of the reasons for the order.

Representative in Canada

(2) An applicant for registration of a pest control product or Insertion start a person who requests an authorization under section 41 Insertion end , a registrant Insertion start or a person authorized under section 41 Insertion end , who does not reside in Canada, shall

Presumption

(3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the Insertion start person referred to in that subsection Insertion end who designated the representative.

Requirement to communicate through designated representative

(4) The Minister may require Insertion start a person Insertion end referred to in subsection (2) to conduct any communications with the Minister through the designated representative of Insertion start that person Insertion end .

• (f) respecting the registration of pest control products, including Insertion start the issuance, amendment, renewal, suspension or cancellation of registration, the addition, modification or deletion of conditions of registration and Insertion end the types of registration for classes of products, and, for each type,

• (ii) the period or maximum period for which the Insertion start registration, amended or renewed Insertion end registration is valid, which periods may be either finite or indefinite;

• (g)  Insertion start respecting Insertion end which requirements of the regulations are conditions of registration Insertion start or conditions of authorization Insertion end ;

• Start of inserted block

  (k) respecting an authorization under section 41, including the issuance, amendment, renewal, suspension or cancellation of the authorization, the addition, modification or deletion of conditions of authorization and the types of authorization for classes of products, and, for each type,

  • (i) the criteria and characteristics, and

  • (ii) the period or maximum period for which the authorization or amended or renewed authorization is valid, which periods may be either finite or indefinite;

• (k.‍1) respecting information that may be required by the Minister for the purposes of issuing, amending, renewing, suspending or cancelling an authorization under section 41, or adding, modifying or deleting any conditions of authorization;

  End of inserted block

• (k) respecting an authorization under section 41 or 41.‍02, including the issuance, amendment, renewal, suspension or cancellation of the authorization, the addition, modification or deletion of conditions of authorization and the types of authorization for classes of products, and, for each type,

  • (i) the criteria and characteristics, and

  • (ii) the period or maximum period for which the authorization or amended or renewed authorization is valid, which periods may be either finite or indefinite;

• (k.‍1) respecting information that may be required by the Minister for the purposes of issuing, amending, renewing, suspending or cancelling an authorization under section 41 or 41.‍02, or adding, modifying or deleting any conditions of authorization;