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

Limitation on Liability

Marginal note:Her Majesty not liable

65 If a person must, by or under this Act or the regulations, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable for any costs, loss or damage resulting from the compliance or to pay any fee, rent or other charge for what is done, provided, maintained or permitted.

Compensation for Use of Information

Marginal note:Agreements to determine compensation

• 66 (1) The Minister shall determine the terms and conditions of agreements to be entered into by applicants and registrants for the purposes of determining compensation payable for the right to use or rely on information provided by registrants to the Minister under this Act.

• Marginal note:Negotiation and arbitration

  (2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations.

• Marginal note:Commercial Arbitration Act applies

  (3) Subject to this section, the Commercial Arbitration Act applies to an arbitration for the purposes of this section and the regulations.

• Marginal note:Exception

  (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3).

• Marginal note:Regulations

  (5) Regulations made by the Minister of Justice under section 9 of the Commercial Arbitration Act apply to an arbitration referred to in subsection (3) unless the parties otherwise agree.

Regulations

Marginal note:Regulations — Governor in Council

• 67 (1) The Governor in Council may make regulations

  • (a) prescribing policies of the Government of Canada that are consistent with the objectives of this Act for the purposes of the definition government policy in section 2;

  • (b) prescribing the nomenclature of pests and pest control products for the purposes of this Act;

  • (c) respecting the information and other things that must accompany an application made under section 7 or 10;

  • (d) respecting standards of laboratory practice to be used in conducting tests to obtain information about pest control products, certification of compliance with those standards, inspection and audit of compliance and the consequences of a failure to comply;

  • (e) respecting the evaluation of the health or environmental risks or the value of pest control products;

  • (f) respecting the registration of pest control products, including the types of registration for classes of products, and, for each type,

    • (i) the criteria and characteristics, and

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

  • (f.1) respecting minor uses of a pest control product and defining minor use for the purposes of this Act and the regulations;

  • (g) stating which requirements of the regulations are conditions of registration;

  • (h) respecting the circumstances and conditions under which information provided to the Minister by registrants may be used or relied upon in relation to applications or registrations of other persons, including distinctions among the rights of registrants based on the purposes for which the information was provided to the Minister;

  • (i) respecting the Pest Control Products Export Control List, authorizations to export pest control products and the amendment, suspension and cancellation of authorizations;

  • (j) respecting review panels, including their establishment, the selection and remuneration of panel members and the travel and living expenses to which they are entitled;

  • (k) respecting authorizations to use unregistered pest control products for specific purposes and the amendment, suspension and cancellation of authorizations;

  • (l) respecting the Register, including information that is to be included in the Register and public access to the information;

  • (m) respecting the public disclosure of confidential test data;

  • (n) prescribing information that is to be excluded in whole or in part from the application of subsection 43(5);

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

  • (p) prescribing standards for pest control products, including standards relating to their form and composition;

  • (q) respecting the measures to be taken to facilitate the recognition of pest control products by a change in colouration or other means;

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

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

  • (t) respecting the keeping of records by registrants, manufacturers, importers, exporters, distributors and users of pest control products in relation to the products that they manufacture, store, import, export, distribute, use or dispose of and the requirements for making those records available to the Minister;

  • (u) respecting the recording by registrants of information on sales of pest control products, the retention and reporting to the Minister of such information by registrants and former registrants and the use of such information by the Minister;

  • (v) respecting the taking of samples and the conduct of analyses for the purposes of this Act;

  • (w) respecting the inspection and operation of establishments in which registered pest control products are manufactured;

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

  • (y) respecting the destruction or disposition of pest control products or any other thing forfeited or authorized to be disposed of under this Act;

  • (z) respecting reviews under section 60;

  • (z.01) respecting the entering into of agreements and the determination of compensation payable through negotiations and binding arbitration, under section 66;

  • (z.1) respecting the delivery or transmission of documents under this Act, including the transmission of documents in electronic form;

  • (z.2) respecting fees and charges in relation to the administration of this Act or the regulations;

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

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

  • (z.4) exempting persons, activities or pest control products, including products that are imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations, and prescribing the conditions under which they are exempt; and

  • (z.5) prescribing anything that by this Act is to be prescribed and generally for carrying out the purposes and provisions of this Act.

• Marginal note:Incorporation by reference

  (2) For greater certainty, regulations made under paragraph (1)(d) or (p) that incorporate a standard by reference may incorporate the standard as amended to a certain date or from time to time.

• Marginal note:Jointly produced documents

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

• Marginal note:Internally produced standards

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

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

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

• Marginal note:Scope of incorporation

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

• Marginal note:Regulations re WTO Agreement

  (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

• Marginal note:Definition of WTO Agreement

  (4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

Interim Orders

Marginal note:Interim orders

• 67.1 (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 health, safety or the environment.

• Marginal note:Cessation of effect

  (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 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, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) No person shall be convicted of an offence consisting 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.

• Marginal note:Exemption form Statutory Instruments Act

  (4) An interim order

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

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

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

Offences and Punishment

General

Marginal note:Contravention causing risk or harm

• 68 (1) Every person is guilty of an offence if, in contravening this Act or the regulations, they cause

  • (a) a risk of imminent death or serious bodily harm to another person;

  • (b) a risk of substantial harm to the environment; or

  • (c) harm to the environment.

• 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; and

  • (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 committed wilfully or recklessly

  (3) Every person is guilty of an offence if, while contravening this Act or the regulations, they wilfully or recklessly cause

  • (a) a risk of imminent death or serious bodily harm to another person;

  • (b) a risk of substantial harm to the environment; or

  • (c) harm to the environment.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (3) is liable

  • (a) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Contravention of regulations

69 Every person who contravenes a provision of the regulations 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; and

• (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:Due diligence

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

Related Provisions

Marginal note:Officers, etc., of corporations

• 70 (1) If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

• Marginal note:Offence and punishment

  (3) 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.