GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pest Control Products Act — P-9.01 67
shments 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. 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. 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. 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. 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. 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. 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 . 2002, c. 28, s. 67; 2016, c. 9, s. 59; 2017, c. 6, s. 113 2020, c. 1, s. 206
Pest Control Products Act — P-9.01 67.1
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. 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 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. 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. 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, s. 111.1
Pest Control Products Act — P-9.01 68
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. 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. 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. 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.
Pest Control Products Act — P-9.01 69
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.
Pest Control Products Act — P-9.01 69.1
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. 2016, c. 9, s. 60
Pest Control Products Act — P-9.01 70
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. 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. 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.
Pest Control Products Act — P-9.01 71
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. 2002, c. 28, s. 71; 2016, c. 9, s. 61
Pest Control Products Act — P-9.01 72
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.
Pest Control Products Act — P-9.01 73
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. 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.
Pest Control Products Act — P-9.01 74
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.
Pest Control Products Act — P-9.01 75
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. 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. 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. 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.
Pest Control Products Act — P-9.01 76
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.
Pest Control Products Act — P-9.01 78
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.
Pest Control Products Act — P-9.01 79
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. Publication of personal information (2) The information published under subsection (1) may include personal information as defined in section 3 of the Privacy Act .
Pest Control Products Act — P-9.01 80
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. 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.
Pest Control Products Act — P-9.01 80.1
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. 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.
Pest Control Products Act — P-9.01 81
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. 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).
Pest Control Products Act — P-9.01 Coming into force
Coming into force * 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. * [Note: Act in force June 28, 2006, see SI/2006-93.]
Pest Control Products Act — P-9.01 68
Section 54 of Pest Control Products Act 68 Section 54 of the Pest Control Products Act , as it read immediately before the day on which section 52 of this Act comes into force, continues to apply to a pest control product seized under the Pest Control Products Act before that day.
Pest Control Products Act — P-9.01 69
Sections 60 and 61 of Pest Control Products Act 69 Sections 60 and 61 of the Pest Control Products Act , as they read immediately before the day on which section 62 of this Act comes into force, continue to apply to a requirement in respect of which a notice has been delivered under subsection 53(2), 57(3) or 59(3) of the Pest Control Products Act , as it read immediately before that day.
Pest Control Products Act — P-9.01 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Pest Control Products Act — P-9.01 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (f) subsection 49(4) of the Pest Control Products Act ;
Pest Control Products Act — P-9.01 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Pest Control Products Act — P-9.01 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Pest Control Products Act — P-9.01 36
36 (2) Subsection 8(3) of the Act is repealed. (3) Section 8 of the Act is amended by adding the following after subsection (4): Product safety information (4.1) Subject to the regulations and as a condition of registration, the registrant of a pest control product shall, (a) provide, in accordance with the regulations, to workplaces where the pest control product is manufactured, handled, stored or used, product safety information that complies with the prescribed requirements; or (b) make available, in accordance with the regulations, to persons who manufacture, handle, store or use the pest control product, product safety information that complies with the prescribed requirements.
Qalipu Mi’kmaq First Nation Act — Q-0.5 Preamble
Preamble Whereas on June 23, 2008, the Government of Canada and the Federation of Newfoundland Indians entered into the Agreement for the Recognition of the Qalipu Mi’kmaq Band;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Whereas that Agreement provides for a process of enrolment for the Mi’kmaq Group of Indians of Newfoundland, which consists of the Mi’kmaq groups of Indians situated at various locations on the island of Newfoundland, and for that Group to be declared to be a band for the purposes of the Indian Act ;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Whereas the intention of the parties to the Agreement was to enable the enrolment of individuals who, on that date, self-identified as members of the Group, were recognized as such and had a current and substantial connection with one or more of the Mi’kmaq communities identified in the Agreement;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Whereas on September 22, 2011, the Governor in Council made the Qalipu Mi’kmaq First Nation Band Order ;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Whereas on June 30, 2013, the parties to the Agreement entered into a Supplemental Agreement to clarify how to apply certain clauses of the June 23, 2008 Agreement and to ensure the fair and equal application of the enrolment criteria to all applicants;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Whereas the Supplemental Agreement provides that the Enrolment Committee, consisting of representatives of both parties and an independent chair jointly selected by both parties, will assess enrolment applications in accordance with the Agreement and the Supplemental Agreement and will provide the parties with a new and final Founding Members List, which will form the basis for a recommendation to the Governor in Council to amend the schedule to the Qalipu Mi’kmaq First Nation Band Order ;
Qalipu Mi’kmaq First Nation Act — Q-0.5
And whereas it is desirable to grant to the Governor in Council the power to amend the Qalipu Mi’kmaq First Nation Band Order so that it reflects the intention of the parties to the Agreement and the Supplemental Agreement;
Qalipu Mi’kmaq First Nation Act — Q-0.5
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Qalipu Mi’kmaq First Nation Act — Q-0.5 1
Short title 1 This Act may be cited as the Qalipu Mi’kmaq First Nation Act .
Qalipu Mi’kmaq First Nation Act — Q-0.5 2
Definitions 2 In this Act, band has the same meaning as in subsection 2(1) of the Indian Act , and council of a band has the same meaning as council of the band in that subsection.
Qalipu Mi’kmaq First Nation Act — Q-0.5 3
Order in council 3 The Governor in Council may, by order, amend the Qalipu Mi’kmaq First Nation Band Order , in particular to add the name of a person to, or remove the name of a person from, the schedule to that Order, along with the person’s date of birth.
Qalipu Mi’kmaq First Nation Act — Q-0.5 4
No liability 4 (1) No person or entity has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, a band, a council of a band or any other person or entity only because any person’s name, or any person’s date of birth, was omitted or removed from the schedule to the Qalipu Mi’kmaq First Nation Band Order . Exception (2) Nothing in subsection (1) abrogates, or derogates from, any agreement in force entered into among Her Majesty in right of Canada, the Qalipu Mi’kmaq First Nation and the Federation of Newfoundland Indians.
Quarantine Act — Q-1.1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Quarantine Act — Q-1.1 1
Short title 1 This Act may be cited as the Quarantine Act .