GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pest Control Products Act — P-9.01 33
Export control list 33 (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria. Prohibition (2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act. Application (3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister. Authorization (4) The Minister may authorize an applicant to export a pest control product to a specified country if (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and (b) the proposed export is not prohibited under any other Act of Parliament. Conditions (5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act. Public notice (6) The Minister shall give public notice of the authorization. Offence and punishment — subsection (2) (7) 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. Offence and punishment — false or misleading information (8) Every person who knowingly provides false or misleading information in connection with an authorization 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. 33; 2016, c. 9, s. 37
Pest Control Products Act — P-9.01 34
Amendment, suspension or cancellation 34 (1) The Minister may amend, suspend or cancel an authorization to export a pest control product if the Minister (a) has reasonable grounds to believe that a prescribed requirement of the authorization is not or will not be met; (b) has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met; or (c) becomes aware of additional information about the health or environmental risks of the pest control product. Representations (2) Before amending or cancelling an authorization or after suspending one, the Minister shall give the authorized person a reasonable opportunity to make representations. Decision (3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization. Public notice (4) The Minister shall give public notice of the amendment or cancellation of an authorization.
Pest Control Products Act — P-9.01 35
Notice of objection to registration decisions 35 (1) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision referred to in paragraph 28(1)(a) or (b) within 60 days after the decision statement referred to in subsection 28(5) is made public. Notice of objection to authorization decisions (2) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision to authorize the export of a pest control product or to amend or cancel an authorization within 60 days after a notice referred to in subsection 33(6) or 34(4) is made public. Establishment of review panel (3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more individuals to review the decision and to recommend whether the decision should be confirmed, reversed or varied. Notice of review panel (4) The Minister shall give public notice of the establishment of a review panel. Reasons to be provided if panel not established (5) If the Minister does not establish a panel, the Minister shall provide written reasons without delay to the person who filed the notice of objection. Terms of reference and procedure (6) The Minister may determine the terms of reference of a review panel and the procedure for the review, and may at any time change them. Representations (7) A review panel shall give any person a reasonable opportunity to make representations in respect of the decision under review, in accordance with the terms of reference. Public access (8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public. Information to be placed in Register (9) A review panel shall give the information submitted to it to the Minister, who shall place it in the Register. 2002, c. 28, s. 35; 2016, c. 9, s. 38
Pest Control Products Act — P-9.01 36
No automatic suspension of decisions 36 The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved.
Pest Control Products Act — P-9.01 37
Withdrawal of notice of objection 37 The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them.
Pest Control Products Act — P-9.01 38
Report 38 (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them. Register (2) The Minister shall place the review panel’s report in the Register.
Pest Control Products Act — P-9.01 39
Confirmation, reversal or variation of decision 39 (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable. Public notice of decision (2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest.
Pest Control Products Act — P-9.01 40
False or misleading tests or information 40 (1) Every person is guilty of an offence if they (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or (b) falsely claim to have conducted a test relating to the health or environmental risks or value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test. 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; 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 41
Authorization 41 (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose. Conditions (2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks. Suspension (3) The Minister shall suspend an authorization if the Minister has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met or that the continuance of the authorization poses unacceptable health or environmental risks. Representations (4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations. Decision (5) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization. Offence and punishment (6) Every person who fails to comply with the conditions of an authorization issued under this section 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 41.1
Provision of safety information 41.1 A person who is authorized by the regulations to import an unregistered pest control product solely for the purpose of export or for a prescribed purpose and who imports such a product for that purpose shall provide, in accordance with the regulations, to workplaces where the pest control product is handled or stored, product safety information for the product that complies with the prescribed requirements. 2016, c. 9, s. 39
Pest Control Products Act — P-9.01 42
reports of international harmonization activities relating to the regulation of pest control products; (d) regulations and proposed regulations under this Act when published in the Canada Gazette ; and (e) policies, guidelines and codes of practice relating to the regulation of pest control products when proposed for public consultation, and their final texts when adopted. 2002, c. 28, s. 42; 2018, c. 27, s. 275
Pest Control Products Act — P-9.01 42.1
Consultation with public 42.1 The public shall be consulted as to policies, guidelines and codes of practice relating to the regulation of pest control products.
Pest Control Products Act — P-9.01 43
erson to make or obtain a copy of confidential test data, other than confidential test data to which the public has access (i) in documents referred to in subsections 28(6), 39(2) and 42(3), or (ii) under the authority of the regulations made under paragraph 67(1)(m). Offence and punishment (9) Every person who makes a false statement in an affidavit or a statutory declaration referred to in subsection (1) 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 44
Permitted disclosure 44 (1) The Minister may, in accordance with the regulations, if any, disclose confidential test data or confidential business information that has been provided under this Act or is in the Register to (a) any person who provides services to Her Majesty in right of Canada for the purpose of protecting human health or safety or the environment; (b) an international organization or the government of a province or a country that is a party to an agreement with Her Majesty in right of Canada or an agent of Her Majesty, relating to the exchange of information about pest control products; (c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to an individual; (d) a department or an agency of the federal or a provincial government that requests the information in order to respond to a situation that endangers human health or safety or the environment; (e) a review panel established by the Minister under subsection 35(3); or (f) any other person or body, including an advisory council established under subsection 5(1), from whom the Minister requests advice for the purposes of this Act. Protection of disclosed information (2) Before disclosing information under paragraph (1)(b), the Minister must be satisfied that the party to the agreement, other than Her Majesty in right of Canada or an agent of Her Majesty, can provide protection from unfair commercial use or disclosure of the information that is consistent with the protection provided under this Act. Prohibition against disclosure (3) No person shall disclose information obtained under subsection (1) unless authorized by the person who provided the information to the Minister or unless authorized under the Access to Information Act , this Act or the regulations. Prohibition against use (4) No person shall use information obtained under subsection (1) for any purpose other than the purpose for which it was obtained, unless authorized by the person who provided the information to the Minister. Offence and punishment (5) Every person who contravenes subsection (3) or (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. Security measures (6) Every person who obtains information under subsection (1) shall comply with any prescribed security measures and take all reasonable precautions to avoid any prohibited disclosure of the information. Offence and punishment (7) Every person who contravenes subsection (6) 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. 44; 2016, c. 9, s. 40
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Appointment 45 (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act . Designation of inspectors and analysts (2) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors or analysts to exercise powers or perform duties or functions in relation to any matter referred to in the designation, but (a) no individual who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the individual is employed; and (b) no individual who is employed by the government of a province may be designated without the approval of that government. Inspector’s certificate of designation (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation. 2002, c. 28, s. 45; 2016, c. 9, s. 42
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Obstruction of inspectors 46 (1) No person shall resist or obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is exercising powers or performing duties or functions under this Act. Inspection of records (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request. Offence and punishment (3) Every person who contravenes this section 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. 46; 2016, c. 9, s. 43
Pest Control Products Act — P-9.01 47
Report of contravention 47 (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector. Confidentiality (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing. Protection of individual (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage an individual for having (a) made a report under subsection (1); (b) refused or stated an intention of refusing to do anything that the individual reasonably believed was or would be a contravention under this Act; or (c) done or stated an intention of doing anything that the individual reasonably believed was required by or under this Act. Offence and punishment (4) Every person who contravenes subsection (2) or (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. 47; 2016, c. 9, s. 44
Pest Control Products Act — P-9.01 49
Warrant required to enter dwelling-place 49 (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant. Authority to issue warrant (2) If on ex parte application a justice is satisfied by information on oath that (a) the conditions for entry described in section 48 exist in relation to a dwelling-place, (b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused, the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant. Use of force (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2002, c. 28, s. 49; 2016, c. 9, s. 46 2022, c. 17, s. 69
Pest Control Products Act — P-9.01 50
Assistance to inspectors 50 (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 and any person found in the place shall (a) give the inspector all reasonable assistance in their power to enable the inspector to exercise powers or perform duties or functions under the provisions of this Act or the regulations; and (b) provide the inspector with any information relevant to the administration of the provisions of this Act or the regulations that the inspector may reasonably require. Offence and punishment (2) Every person who contravenes subsection (1) 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. 50; 2016, c. 9, s. 47
Pest Control Products Act — P-9.01 51
Production of documents, information or samples 51 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Offence and punishment (2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) 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. 51; 2016, c. 9, s. 48
Pest Control Products Act — P-9.01 52
Inspector may seize 52 An inspector may seize and detain any pest control product or other thing that the inspector has reasonable grounds to believe (a) was used in a contravention of a provision of this Act or the regulations; (b) is something in relation to which a provision of this Act or the regulations was contravened; or (c) was obtained by the contravention of a provision of this Act or the regulations. 2002, c. 28, s. 52; 2016, c. 9, s. 49