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

Marginal note:Offence by employee or agent or mandatary

71 In a prosecution for 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) — it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that

• (a) the offence was committed without the knowledge or consent of the accused; and

• (b) the accused exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

72 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Marginal note:Limitation period

• 73 (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister became aware of the subject-matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceedings, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.

Marginal note:Venue

74 An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even though the matter of the information did not arise in that territorial division.

Marginal note:Analysis and examination

• 75 (1) An inspector may submit to an analyst for analysis or examination any pest control product or other thing seized by the inspector, any sample taken from that product or thing, or any other sample taken by the inspector.

• Marginal note:Certificate of analyst

  (2) A certificate of an analyst stating that the analyst has analysed or examined a pest control product or other thing or a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.

• Marginal note:Attendance of analyst

  (3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

• Marginal note:Notice

  (4) The certificate shall not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Marginal note:Suspended sentence

76 When an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 77.

Marginal note:Orders of court

• 77 (1) When an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:

  • (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the offender to take any measures that the court considers appropriate to avoid harm to human health or the environment that results from or may result from the act or omission that constituted the offence, or to remedy that harm;

  • (c) directing the offender to pay the victim, within the period that the court considers reasonable, an amount of money to cover the loss or damage that resulted from the offence;

  • (d) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence;

  • (e) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction;

  • (f) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section;

  • (g) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

  • (h) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence;

  • (i) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

  • (j) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and

  • (k) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act.

• Marginal note:Coming into force and duration of order

  (2) An order made under section 76 or subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

• Marginal note:Publication

  (3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.

• Marginal note:Debt due to Her Majesty

  (4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(h) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Marginal note:Additional fine

78 When an offender has been convicted of an offence under this Act, the court may order the offender to pay, in addition to any fine that may otherwise be imposed under this Act, a fine equal to three times the court’s estimation of any monetary benefits that the court is satisfied the offender gained as a result of the commission of the offence.

Marginal note:Publication of information about contraventions

• 79 (1) The Minister may publish information about any contravention of this Act or the regulations, including a contravention designated as a violation under the Agriculture and Agri-Food Administrative Monetary Penalties Act, for the purpose of encouraging voluntary compliance with this Act and the regulations.

• Marginal note:Publication of personal information

  (2) The information published under subsection (1) may include personal information as defined in section 3 of the Privacy Act.

Report to Parliament

Marginal note:Annual report

• 80 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year.

• Marginal note:Contents

  (2) The Minister shall include in the annual report, for the fiscal year covered by the report,

  • (a) a status report respecting registrations, including the registration of pest control products that pose lower risks, re-evaluations and special reviews under this Act or the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985; and

  • (b) a report on significant scientific developments relating to the evaluation of the health and environmental risks and the value of pest control products and the integration of those developments into decision-making under this Act.

Marginal note:Permanent review of Act

• 80.1 (1) The administration of this Act shall, every 7 years after the day on which section 1 comes into force, stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose.

• Marginal note:Review and report

  (2) The committee designated or established for the purposes of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report thereon, including a statement of any changes to this Act or its administration that the committee would recommend.

Transitional Provisions

Marginal note:Applications under repealed Act

• 81 (1) This Act and the regulations apply to an application for the registration of a pest control product or for an amendment to its registration made under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, before the day on which section 1 comes into force if no decision to grant or deny the application has been made in respect of that application on or before that day. In any case, paragraph 28(1)(a) and subsection 35(1) do not apply to applications made before April 1, 1995.

• Marginal note:Pest control products registered under repealed Act

  (2) This Act and the regulations apply to all registrations under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, that are in effect on the day on which section 1 comes into force, except that paragraphs 42(2)(c) to (f) apply only to registrations in respect of which the public has been consulted under this Act in accordance with paragraph 28(1)(a) or (b).

Consequential Amendments

82 to 88 [Amendments]

Repeal

89 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*90 The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force June 28, 2006, see SI/2006-93.]