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

Marginal note:Warrant required to enter dwelling-place

• 49 (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) If on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

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

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Assistance to inspectors

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

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

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

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) is guilty of an offence and liable

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

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

Marginal note:Production of documents, information or samples

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

• Marginal note:Offence and punishment

  (2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) is guilty of an offence and liable

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

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

Seizures

Marginal note:Inspector may seize

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

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

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

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

Dealing with Seized Things

Marginal note:Storage, movement and disposition

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

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

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

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

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

• Marginal note:Notice

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

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

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

• Marginal note:Offence and punishment

  (3) Every person who fails to do anything the person was ordered to do by an inspector under paragraph (1)(b), (c) or (d) 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:Interference with seized things

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

• Marginal note:Offence and punishment

  (5) Every person who contravenes subsection (4) 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:Release of seized thing

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

Marginal note:Application for return

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

• Marginal note:Order for return

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

Removal, Forfeiture or Destruction of Unlawful Imports

Marginal note:Unlawful imports

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

• Marginal note:Factors

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

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

  • (b) any other prescribed factors.

• Marginal note:Duty of inspector

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

• Marginal note:Measures that may be taken and notice

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

• Marginal note:Forfeiture

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

Marginal note:Removal or destruction of unlawful imports

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

• Marginal note:Forfeiture

  (2) If the pest control product is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered — it is, despite section 53.1, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered.

• Marginal note:Suspension of application of subsection (2)

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

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

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

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

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

• Marginal note:Cancellation

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

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

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

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

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

• Marginal note:Period

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

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

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

• Marginal note:Offence and punishment

  (6) Every person who fails to comply with an order in the notice is guilty of an offence and liable

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

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

Forfeiture

Marginal note:Unclaimed pest control products or other things

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

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

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

• Marginal note:Proceedings instituted

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

• Marginal note:Disposition

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