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Pest Control Products
Act
CHAPTER P-9
An Act to regulate products used for the control
of pests and the organic functions of plants and animals |
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SHORT TITLE |
Short title |
1. This Act may be cited as the Pest
Control Products Act.
R.S., c. P-10, s. 1. |
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INTERPRETATION |
Definitions |
2. In this Act, |
"advertise" ?I>publicit?/I>?/P> |
"advertise" includes any representation by any
means whatever for the purpose of promoting directly or indirectly
the sale or other disposition of a control product; |
"analyst" ?I>analyste?/P> |
"analyst" means a person designated as an
analyst pursuant to subsection 7(1); |
"control product" ?I>produits
antiparasitaires?/P> |
"control product" means any product, device,
organism, substance or thing that is manufactured, represented, sold
or used as a means for directly or indirectly controlling,
preventing, destroying, mitigating, attracting or repelling any
pest, and includes
(a) any compound or substance that
enhances or modifies or is intended to enhance or modify the
physical or chemical characteristics of a control product to which
it is added, and
(b) any active ingredient used for the
manufacture of a control product; |
"inspector" ?I>inspecteur?/P> |
"inspector" means a person designated as an
inspector pursuant to subsection 7(1); |
"label" ?I>étiquette?/P> |
"label" includes any legend, word, mark, symbol
or design applied or attached to, included in, belonging to or
accompanying any control product; |
"Minister" ?I>ministre?/P> |
"Minister" means the Minister of Agriculture and
Agri-Food; |
"package" ?I>emballage?/P> |
"package" includes any container, wrapping,
covering or holder in which any control product or other material is
wholly or partly contained, placed or packed; |
"penalty" ?nbsp;sanction ?/P> |
"penalty" means an administrative monetary
penalty imposed under the Agriculture and Agri-Food
Administrative Monetary Penalties Act for a violation; |
"pest" ?I>parasite?/P> |
"pest" means any injurious, noxious or
troublesome insect, fungus, bacterial organism, virus, weed, rodent
or other plant or animal pest, and includes any injurious, noxious
or troublesome organic function of a plant or animal; |
"place" ?I>lieu?/P> |
"place" includes any vehicle, vessel, railway
car or aircraft; |
"prescribed" Version anglaise
seulement |
"prescribed" means prescribed by
regulation; |
"sell" ?I>vente?/P> |
"sell" includes sell, offer for sale, expose for
sale, display or advertise for sale, have in possession for sale and
distribute; |
"Tribunal"
?nbsp;Commission ?/P> |
"Tribunal" means the Review Tribunal continued
by subsection 4.1(1) of the Canada Agricultural Products
Act; |
"violation"
?nbsp;violation ?/P> |
"violation" means any contravention of this Act
or the regulations that may be proceeded with in accordance with the
Agriculture and Agri-Food Administrative Monetary Penalties
Act.
R.S., 1985, c. P-9, s. 2; 1994, c. 38, s. 25;
1995, c. 40, s. 72. |
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HER MAJESTY |
Binding on Her
Majesty |
3. This Act is binding on Her Majesty in
right of Canada or a province.
1980-81-82-83, c. 88, s. 1. |
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PROHIBITIONS |
Manufacture, etc., under
unsafe conditions |
4. (1) No person shall manufacture, store,
display, distribute or use any control product under unsafe
conditions. |
Deception |
(2) No person shall package, label or advertise
any control product in a manner that is false, misleading or
deceptive or is likely to create an erroneous impression regarding
its character, value, quantity, composition, merit or
safety. |
Product deemed unsafe |
(3) A control product that is not manufactured,
stored, displayed, distributed or used as prescribed or that is
manufactured, stored, displayed, distributed or used contrary to the
regulations shall be deemed to be manufactured, stored, displayed,
distributed or used contrary to subsection (1). |
Packaging deemed deceptive |
(4) A control product that is not packaged,
labelled or advertised as prescribed or that is packaged, labelled
or advertised contrary to the regulations shall be deemed to be
packaged, labelled or advertised contrary to subsection (2).
R.S., c. P-10, s. 3. |
Sale and importation of
control products |
5. (1) No person shall sell in or import
into Canada any control product unless the product
(a) has been registered as prescribed;
(b) conforms to prescribed standards;
and
(c) is packaged and labelled as
prescribed. |
Export and interprovincial movement of control
products |
(2) No person shall export out of Canada, or send
or convey from one province to another any prescribed control
product unless the product was manufactured in an establishment
that
(a) complied with prescribed conditions;
and
(b) was registered and operated as
prescribed.
R.S., c. P-10, s. 4. |
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REGULATIONS |
Regulations |
6. (1) The Governor in Council may make
regulations
(a) prescribing for the purposes of this
Act the nomenclature of pests, control products and classes and
kinds of pests and control products;
(b) prescribing the form in which
applications for registration of any pest control product shall be
made and the information to be furnished therewith;
(c) prescribing any control product for
the purposes of subsection 5(2);
(d) respecting the registration of control
products and of establishments in which any prescribed control
products are manufactured and prescribing the fees therefor, and
respecting the procedures to be followed for the review of cases
involving the refusal, suspension or cancellation of the
registration of those products or establishments;
(e) respecting the inspection and
operation of establishments in which any prescribed control products
are manufactured;
(f) exempting any control product or any
person or any class of control products or persons from the
operation of all or any of the provisions of this Act, and
prescribing the conditions for exemption;
(g) prescribing the form, composition and
other standards for control products;
(h) respecting the manufacture or
treatment of any control product to facilitate its recognition by
change in coloration or other means;
(i) respecting the standards for efficacy
and safety of any control product;
(j) respecting the manufacture, storage,
distribution, display and use of any control product;
(k) respecting the packaging, labelling
and advertising of control products and packages of those
products;
(l) respecting the taking of samples and
the making of analyses for the purposes of this Act;
(m) prescribing the information and the
form of the information that is to be furnished for any control
product that is to be imported into Canada;
(n) prescribing the circumstances and
conditions under which control products that have met the
requirements of the Food and Drugs Act may be deemed to be
registered as prescribed under this Act;
(o) respecting the detention of any
control product seized under section 10, the establishment of
procedures for the review of any seizure and detention and the
payment of any reasonable costs incidental to the seizure or
detention, and for preserving or safeguarding any control product
detained;
(p) respecting the destruction or
disposition of any control product forfeited under section 10 and
the payment of any reasonable costs incidental to destruction or
disposition; and
(q) generally, for carrying out the
purposes and provisions of this Act. |
Regulations re NAFTA and WTO Agreement |
(2) Without limiting the authority conferred by
subsection (1), the Governor in Council may make such regulations as
the Governor in Council deems necessary for the purpose of
implementing, in relation to control products, Article 1711 of the
North American Free Trade Agreement or paragraph 3 of Article 39 of
the Agreement on Trade-related Aspects of Intellectual Property
Rights set out in Annex 1C to the World Trade Organization
Agreement. |
Definitions |
(3) In subsection (2), |
"North American Free Trade Agreement"
?nbsp;Accord de libre-échange nord-américain ?/P> |
"North American Free Trade Agreement" has the
meaning given to the word "Agreement" by subsection 2(1) of the
North American Free Trade Agreement Implementation
Act; |
"World Trade Organization Agreement"
?nbsp;Accord sur l'OMC ?/P> |
"World Trade Organization Agreement" has the
meaning given to the word "Agreement" by subsection 2(1) of the
World Trade Organization Agreement Implementation Act.
R.S., 1985, c. P-9, s. 6; 1993, c. 44, s.
200; 1994, c. 47, s. 143. |
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ENFORCEMENT |
Inspectors and
analysts |
7. (1) The Minister may designate any
qualified person as an inspector or analyst for the purposes of this
Act. |
Certificate to be produced |
(2) The Minister shall furnish every inspector
with a certificate of his designation as an inspector and on
entering any place or premises referred to in subsection 8(1) an
inspector shall, if so required, produce the certificate to the
person in charge thereof.
R.S., c. P-10, ss. 6, 7. |
Powers of
inspectors |
8. (1) Subject to subsection (1.1), an
inspector may at any reasonable time
(a) enter any place or premises for the
purpose of carrying into effect any of the provisions of this Act or
in which the inspector believes on reasonable grounds a control
product to which this Act applies is or has been manufactured,
stored, sold or used or in which he believes on reasonable grounds
there is any control product to which this Act applies or any
material that is contaminated by a control product or that is used
or capable of being used in the manufacture of a control
product;
(b) examine any such control product or
material found therein in bulk or open any package found therein
that the inspector believes on reasonable grounds contains any such
control product or material and take samples thereof; and
(c) require any person to produce for
inspection or for the purpose of obtaining copies thereof or
extracts therefrom any books, shipping bills, bills of lading,
documents containing instructions, or other documents or papers
concerning any matter relevant to the administration of this Act or
the regulations. |
Warrant required to enter
dwelling-house |
(1.1) Where any place or premises referred to in
paragraph (1)(a) is a dwelling-house, an inspector may not
enter that dwelling-house without the consent of the occupant except
under the authority of a warrant issued under subsection
(1.2). |
Authority to issue warrant |
(1.2) Where on ex parte application a
justice of the peace is satisfied by information on oath
(a) that entry to a dwelling-house is
necessary for any purpose relating to the administration or
enforcement of this Act, and
(b) that entry to the dwelling-house has
been refused or that there are reasonable grounds for believing that
entry thereto will be refused,
the justice of the peace may issue a warrant
under his hand authorizing the inspector named therein to enter that
dwelling-house subject to such conditions as may be specified in the
warrant. |
Use of force |
(1.3) In executing a warrant issued under
subsection (1.2), the inspector named therein shall not use force
unless the inspector is accompanied by a peace officer and the use
of force has been specifically authorized in the warrant. |
Assistance to inspectors |
(2) The owner or person in charge of any place or
premises referred to in subsection (1) and every person found
therein shall give an inspector all reasonable assistance to enable
the inspector to carry out his duties and functions under this Act
and the regulations and shall furnish the inspector with any
information he may reasonably require with respect to the
administration of this Act and the regulations.
R.S., 1985, c. P-9, s. 8; R.S., 1985, c. 31
(1st Supp.), s. 16. |
Obstruction of
inspectors |
9. (1) No person shall obstruct or hinder
an inspector in the carrying out of his duties or functions under
this Act or the regulations. |
False statements |
(2) No person shall make a false or misleading
statement either orally or in writing to an inspector or other
officer engaged in carrying out his duties or functions under this
Act or the regulations. |
Breaking of detention |
(3) Except as provided by this Act, no person
shall remove from detention any control product seized and detained
pursuant to this Act.
R.S., c. P-10, s. 8. |
Seizure |
10. (1) Where an inspector believes on
reasonable grounds that this Act or the regulations have been
contravened, the inspector may seize and detain the control product
by means of or in relation to which the inspector believes on
reasonable grounds the contravention was committed. |
Detention |
(2) A control product seized and detained
pursuant to subsection (1) shall not be detained after
(a) the provisions of this Act and the
regulations have, in the opinion of the inspector, been complied
with,
(b) the owner agrees to dispose of the
product in a manner satisfactory to the Minister, or
(c) the expiration of six months after the
day of the seizure, or such longer period as may be prescribed with
respect to any control product,
unless before that time proceedings have been
instituted in respect of the contravention in which event the
control product may be detained until the proceedings are finally
concluded. |
Forfeiture |
(3) Where the Tribunal decides that a person has
committed a violation, or a person is convicted of an offence under
this Act, the Tribunal or the convicting court, as the case may be,
may, in addition to any penalty or punishment imposed, order that
any control product by means of or in relation to which the
violation or offence was committed, be forfeited to Her Majesty in
right of Canada. |
Disposal with consent |
(4) Where an inspector has seized a control
product and the owner of the product or the person in whose
possession it was at the time of seizure consents in writing to its
disposal, the control product is thereupon forfeited to Her Majesty
and shall be disposed of, at the expense of the person consenting to
the disposal, as the Minister may direct.
R.S., 1985, c. P-9, s. 10; 1995, c. 40, s.
73. |
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OFFENCES AND
PUNISHMENT |
Contravention of Act or
regulations |
11. (1) Every person who, or whose
employee or agent, contravenes any provision of this Act or the
regulations is guilty of
(a) an offence punishable on summary
conviction and liable to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding six months, or to both; or
(b) an indictable offence and liable to a
fine not exceeding $250,000 or to imprisonment for a term not
exceeding two years, or to both. |
Offence by employee or agent |
(2) In a prosecution for an offence under this
Act, it is sufficient proof of the offence to establish that it was
committed by an employee or agent of the accused whether or not the
employee or agent is identified or has been prosecuted for the
offence, unless the accused establishes that the offence was
committed without his knowledge or consent and that he exercised all
due diligence to prevent its commission. |
Limitation period |
(3) Proceedings by way of summary conviction in
respect of an offence under this Act may be instituted at any time
within but not later than one year after the time when the
subject-matter of the proceedings arose.
R.S., 1985, c. P-9, s. 11; 1995, c. 40, s.
74. |
Certificate of
analyst |
12. (1) Subject to this section, a
certificate of an analyst stating that the analyst has analyzed or
examined an article or a sample submitted to him by an inspector and
stating the result of the examination is admissible in evidence in a
prosecution for a contravention of this Act or the regulations and
in the absence of any evidence to the contrary is proof of the
statements contained in the certificate without proof of the
signature or official character of the person appearing to have
signed the certificate. |
Attendance of analyst |
(2) The party against whom a certificate of an
analyst is produced pursuant to subsection (1) may, with leave of
the court, require the attendance of the analyst for the purposes of
cross-examination. |
Notice |
(3) No certificate shall be admitted in evidence
pursuant to subsection (1) unless the party intending to produce it
has, before the trial, given to the party against whom it is
intended to be produced reasonable notice of that intention together
with a copy of the certificate.
R.S., c. P-10, s. 11. |
Venue |
13. A complaint or information in respect
of an offence under this Act may be heard, tried or determined by a
provincial court judge or a justice if the accused is resident or
carrying on business within the territorial jurisdiction of the
provincial court judge or justice, although the matter of the
complaint or information did not arise in that territorial
jurisdiction.
R.S., 1985, c. P-9, s. 13; R.S., 1985, c. 27
(1st Supp.), s. 203. |
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AMENDMENTS NOT IN FORCE
-- 2002, c. 28, s. 89: |
Repeal of R.S., c. P-9 |
89. The Pest Control Products Act is
repealed.
-- 2004, c. 15, s. 99:
99. The Pest Control Products Act is
amended by adding the following after section 6: |
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INTERIM ORDERS |
Interim orders |
6.1 (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. |
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. |
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. |
Exemption from 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. |
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 this 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. |
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. |
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.
-- 2004, c. 15, para.
111.1(1)(a):
111.1 (1) If section 89 of the Pest Control
Products Act (the "other Act"), chapter 28 of the Statutes of
Canada, 2002, comes into force before section 99 of this Act,
then
(a) on the coming into force of
section 89 of the other Act, section 99 of this Act is repealed;
and
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