Pest Control Products Act (S.C. 2002, c. 28)

Offences

Marginal note:Failure to report information

• 29 (1) Every person who does not comply with section 13 is guilty of an offence.

• Marginal note:Non-compliance with requirement

  (2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.

Marginal note:False or misleading information

• 30 (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

  • (a) about the health or environmental risks or the value of a pest control product; or

  • (b) in response to a notice delivered under this Act.

• Marginal note:False or misleading tests

  (2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Marginal note:Non-compliance with conditions of registration

• 31 (1) A registrant who does not comply with the conditions of registration is guilty of an offence.

• Marginal note:Non-compliance with other conditions and requirements

  (2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.

Marginal note:Punishment

32 Every person who commits an offence under any of sections 29 to 31 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.

Export Controls

Marginal note:Export control list

• 33 (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria.

• Marginal note:Prohibition

  (2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act.

• Marginal note:Application

  (3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister.

• Marginal note:Authorization

  (4) The Minister may authorize an applicant to export a pest control product to a specified country if

  • (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and

  • (b) the proposed export is not prohibited under any other Act of Parliament.

• Marginal note:Conditions

  (5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

• Marginal note:Public notice

  (6) The Minister shall give public notice of the authorization.

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

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

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

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

• 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.

Marginal note:Amendment, suspension or cancellation

• 34 (1) The Minister may amend, suspend or cancel an authorization to export a pest control product if the Minister

  • (a) has reasonable grounds to believe that a prescribed requirement of the authorization is not or will not be met;

  • (b) has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met; or

  • (c) becomes aware of additional information about the health or environmental risks of the pest control product.

• Marginal note:Representations

  (2) Before amending or cancelling an authorization or after suspending one, the Minister shall give the authorized person a reasonable opportunity to make representations.

• Marginal note:Decision

  (3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

• Marginal note:Public notice

  (4) The Minister shall give public notice of the amendment or cancellation of an authorization.

Reconsideration of Decisions

Marginal note:Notice of objection to registration decisions

• 35 (1) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision referred to in paragraph 28(1)(a) or (b) within 60 days after the decision statement referred to in subsection 28(5) is made public.

• Marginal note:Notice of objection to authorization decisions

  (2) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision to authorize the export of a pest control product or to amend or cancel an authorization within 60 days after a notice referred to in subsection 33(6) or 34(4) is made public.

• Marginal note:Establishment of review panel

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

• Marginal note:Notice of review panel

  (4) The Minister shall give public notice of the establishment of a review panel.

• Marginal note:Reasons to be provided if panel not established

  (5) If the Minister does not establish a panel, the Minister shall provide written reasons without delay to the person who filed the notice of objection.

• Marginal note:Terms of reference and procedure

  (6) The Minister may determine the terms of reference of a review panel and the procedure for the review, and may at any time change them.

• Marginal note:Representations

  (7) A review panel shall give any person a reasonable opportunity to make representations in respect of the decision under review, in accordance with the terms of reference.

• Marginal note:Public access

  (8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public.

• Marginal note:Information to be placed in Register

  (9) A review panel shall give the information submitted to it to the Minister, who shall place it in the Register.

Marginal note:No automatic suspension of decisions

36 The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved.

Marginal note:Withdrawal of notice of objection

37 The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them.

Marginal note:Report

• 38 (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them.

• Marginal note:Register

  (2) The Minister shall place the review panel’s report in the Register.

Marginal note:Confirmation, reversal or variation of decision

• 39 (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable.

• Marginal note:Public notice of decision

  (2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest.

Marginal note:False or misleading tests or information

• 40 (1) Every person is guilty of an offence if they

  • (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or

  • (b) falsely claim to have conducted a test relating to the health or environmental risks or value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable

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

Authorization to Use Unregistered Product

Marginal note:Authorization

• 41 (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose.

• Marginal note:Conditions

  (2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks.

• Marginal note:Suspension

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

• Marginal note:Representations

  (4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations.

• Marginal note:Decision

  (5) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

• Marginal note:Offence and punishment

  (6) Every person who fails to comply with the conditions of an authorization issued under this section 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.

Product Safety Information for Unregistered Products

Marginal note:Provision of safety information

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

Access to Information

Marginal note:Register

• 42 (1) The Minister shall establish and maintain a Register of Pest Control Products in accordance with the regulations, if any, that contains information about pest control products, including information about applications, registrations, re-evaluations and special reviews.

• Marginal note:Contents of Register

  (2) The Register shall contain the following information:

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

    • (i) the active ingredient of the product, proposed new uses for it or any uses proposed to be withdrawn, and

    • (ii) how the application was disposed of or whether it was withdrawn;

  • (b) the conditions of registration, registration number and registration validity period for each registered pest control product;

  • (c) information, in respect of each registered pest control product, that is provided by applicants and registrants

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

    • (ii) for the purposes of a re-evaluation or special review;

  • (d) information provided by applicants and registrants that is used to specify maximum residue limits;

  • (e) information, in respect of each registered pest control product, that is considered by the Minister under paragraphs 7(6)(b) and 19(1)(c);

  • (f) any reports of the evaluation of the health and environmental risks and the value of registered pest control products prepared by the Minister;

  • (g) any advice from a person or body referred to in paragraph 44(1)(f), unless disclosure of the advice may be refused under section 23 or 23.1 of the Access to Information Act;

  • (h) the status, including cancelled status, of all registrations to which this Act applies;

  • (i) information provided to the Minister pursuant to subsection 8(5);

  • (j) notices delivered under subsections 12(1), 16(3) and 18(1) and paragraph 19(1)(a);

  • (k) conclusions of the Minister that were made public under section 15;

  • (l) consultation statements and decision statements made public under subsections 28(2) and (5), respectively;

  • (m) notices of objection filed under subsections 35(1) and (2), public notices given under subsection 35(4) and the Minister’s decisions and reasons under subsections 35(5) and 39(2);

  • (n) authorizations under sections 33 and 41 and amendments and cancellations under sections 34 and 41; and

  • (o) any other information required by this Act or the regulations to be included in the Register.

• Marginal note:Evaluation reports

  (3) An evaluation report referred to in paragraph (2)(f) shall contain a summary of the information considered and shall contain any confidential test data and confidential business information that the Minister considers appropriate.

• Marginal note:Public access to information in the Register

  (4) The Minister shall allow the public to have access to, and copies of, any information in the Register that

  • (a) is not confidential test data or confidential business information; or

  • (b) is confidential test data that has been made subject to public disclosure in accordance with the regulations made under paragraph 67(1)(m).

• Marginal note:Access to evaluation reports

  (5) The Minister shall allow the public to obtain a copy of any evaluation report in the Register, except for any confidential business information that it contains.

• Marginal note:Means of access to information in Register

  (6) Information in the Register that the public may obtain a copy of under this Act or the regulations shall be made available to the public in as convenient a manner as practicable.

• Marginal note:Electronic public registry

  (7) The Minister shall establish an electronic public registry, which shall include

  • (a) the information referred to in subsection (6), as soon as reasonably practicable;

  • (b) memoranda of understanding among federal government departments relating to the regulation of pest control products;

  • (c) reports of international harmonization activities relating to the regulation of pest control products;

  • (d) regulations and proposed regulations under this Act when published in the Canada Gazette; and

  • (e) policies, guidelines and codes of practice relating to the regulation of pest control products when proposed for public consultation, and their final texts when adopted.