An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)

• 36 (1) Paragraph 8(1)(a) of the Act is replaced by the following:

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

• (2) Subsection 8(3) of the Act is repealed.

• (3) Section 8 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Product safety information

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

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

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

• 37 (1) The portion of subsection 33(7) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Offence and punishment — subsection (2)

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

• (2) Section 33 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Offence and punishment — false or misleading information

    (8) Every person who knowingly provides false or misleading information in connection with an authorization is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

38 Subsection 35(3) of the Act is replaced by the following:

39 The Act is amended by adding the following after section 41:

40 Paragraph 44(1)(c) of the Act is replaced by the following:

41 The heading “Enforcement” before section 45 of the Act is replaced by the following:

42 Subsection 45(2) of the Act is replaced by the following:

43 Subsection 46(1) of the Act is replaced by the following:

44 Subsection 47(3) of the Act is replaced by the following:

• 45 (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of inspectors

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

• (2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:

  • (c) order any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;

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

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

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

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

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

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

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

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

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

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

• (3) Subsection 48(2) of the Act is replaced by the following:

  • Marginal note:Persons accompanying inspector

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

  • Marginal note:Entering private property

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

  • Marginal note:Offence and punishment

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

    • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.