GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pest Control Products Act — P-9.01 53
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. 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. 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. 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. 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. 2002, c. 28, s. 53; 2016, c. 9, s. 51
Pest Control Products Act — P-9.01 53.1
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. 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 53.2
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. 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. 2016, c. 9, ss. 52, 72
Pest Control Products Act — P-9.01 53.3
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. 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. 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. 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. 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. 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 54
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. 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. 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. 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. 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. 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. 2002, c. 28, s. 54; 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 54.1
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. 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. 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. 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 55
Forfeiture on consent 55 (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized under this Act by an inspector is forfeited to Her Majesty in right of Canada if the owner consents to its forfeiture. The pest control product or other thing that is forfeited may be disposed of, as the Minister directs, at the owner’s expense. Forfeiture by court order (2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act , decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not. Directions of Minister (3) A pest control product or other thing that is forfeited under subsection (2) may be disposed of as the Minister directs, at the expense of, (a) if it was not seized, its owner; or (b) if it was seized, its owner or the person having possession, care or control of it at the time of its seizure. 2002, c. 28, s. 55; 2012, c. 24, s. 106; 2016, c. 9, ss. 52, 72
Pest Control Products Act — P-9.01 56
Return of seized things 56 (1) A seized pest control product or other thing shall be returned to its owner or the person having possession, care or control of the product or thing at the time of its seizure if it has not been forfeited at the final conclusion of proceedings in respect of a violation or an offence under this Act. Exception (2) A seized pest control product or other thing may be (a) detained pending the payment of any fine or penalty imposed on its owner or the person having possession, care or control of it at the time of seizure; or (b) sold in satisfaction of the fine or penalty. 2002, c. 28, s. 56; 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 56.1
Forfeiture on application of inspector 56.1 (1) A judge of a superior court of the province in which a pest control product or other thing is seized under this Act may, on the application of an inspector, order that the pest control product or other thing be forfeited to Her Majesty in right of Canada. Notice and inquiry (2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the pest control product or other thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened. Disposition (3) A 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. 2016, c. 9, s. 52
Pest Control Products Act — P-9.01 57
Inspector may order measures 57 (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may order the person (a) to stop or shut down any activity or thing involved in the contravention; and (b) to take any other measures that the inspector considers necessary to prevent further contravention, including (i) modifying a pest control product or its labelling or disposing of the product so as to comply with this Act and the regulations, and (ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, labelling, distributing or using a registered pest control product in accordance with the conditions of registration. Validity period (2) An order under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place. Notice (3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person having possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the order. Offence and punishment (4) Every person who fails to comply with an order in a notice delivered under subsection (3) 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. Prosecutions (5) An order under subsection (1) may be given whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the order may be confirmed, varied or rescinded by the court that tries the offence. 2002, c. 28, s. 57; 2016, c. 9, ss. 54, 62(E)
Pest Control Products Act — P-9.01 58
Disposal of samples 58 A sample taken under this Act or the regulations may be disposed of as an inspector or analyst may direct.
Pest Control Products Act — P-9.01 59
Inspectors may take measures to control risks 59 (1) Despite subsection 6(8), an inspector may take any measures described in subsection (2) if he or she has reasonable grounds to believe that there has been a contravention of this Act or the regulations and that a pest control product, or any other thing that has been treated or contaminated by a pest control product, poses a health or environmental risk that the Minister considers is unacceptable. Measures (2) The inspector may (a) order an owner or a person having possession, care or control of the pest control product or other thing to dispose of it or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; (b) dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses, at the expense of its owner or the person having possession, care or control of the product or thing; or (c) authorize any other person to exercise the powers described in paragraph (b). Notice (3) An order under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person having possession, care or control of the product or thing 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 required action must be taken. Offence and punishment (4) Every person who fails to comply with an order in a notice delivered under subsection (3) 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. 2002, c. 28, s. 59; 2016, c. 9, ss. 55, 62(E)
Pest Control Products Act — P-9.01 61
Application for court order 61 If a person fails to comply with an order in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3), the Minister may apply to the Federal Court or any other court of competent jurisdiction for an order requiring the person to comply with the notice or authorizing an inspector to take any measures the court considers necessary to ensure compliance with the notice. 2002, c. 28, s. 61; 2016, c. 9, s. 62(E)
Pest Control Products Act — P-9.01 62
Method of delivery 62 (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by any method that provides proof of delivery or by any prescribed method. Representative in Canada (2) An applicant for registration of a pest control product or a registrant, who does not reside in Canada, shall (a) designate a representative who resides in Canada to whom correspondence and any notices or documents referred to in subsection (1) can be sent; and (b) inform the Minister in writing of the designation. Presumption (3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the applicant or registrant who designated the representative. Requirement to communicate through designated representative (4) The Minister may require an applicant or registrant referred to in subsection (2) to conduct any communications with the Minister through the designated representative of the applicant or registrant. Refusal of communications (5) Despite any other provision of this Act, the Minister may refuse to receive or act on any communication that is not made in compliance with a requirement made by the Minister under subsection (4). Statutory Instruments Act does not apply (6) For greater certainty, the Statutory Instruments Act does not apply in respect of notices or other documents delivered under this Act. 2002, c. 28, s. 62; 2016, c. 9, s. 57
Pest Control Products Act — P-9.01 63
Recovery of fees 63 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any fee or charge that applies in relation to the administration of the provisions of this Act or the regulations. 2002, c. 28, s. 63; 2016, c. 9, s. 58
Pest Control Products Act — P-9.01 64
Recovery of costs 64 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, movement, seizure, detention, forfeiture, disposition or return of a pest control product or other thing; (b) any enforcement or risk-control measures taken by the Minister or an inspector under this Act. 2002, c. 28, s. 64; 2016, c. 9, s. 58
Pest Control Products Act — P-9.01 64.1
Time limit 64.1 Proceedings to recover a debt due to Her Majesty in right of Canada under this Act shall not be commenced later than five years after the debt became payable. 2016, c. 9, s. 58
Pest Control Products Act — P-9.01 64.2
Certificate of default 64.2 (1) Any debt that may be recovered under section 63 or 64 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2016, c. 9, s. 58
Pest Control Products Act — P-9.01 65
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.
Pest Control Products Act — P-9.01 66
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. 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. 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. Exception (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3). 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. 2002, c. 28, s. 66; 2017, c. 6, s. 112