Pest Control Products Act (S.C. 2002, c. 28)
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Act current to 2013-04-29 and last amended on 2006-06-28. Previous Versions
Marginal note: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.
Marginal note: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.
Marginal note:Decision
(3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.
Marginal note:Public notice
(4) The Minister shall give public notice of the amendment or cancellation of an authorization.
RECONSIDERATION OF DECISIONS
Marginal note: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.
Marginal note: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.
Marginal note: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 persons to review the decision and to recommend whether the decision should be confirmed, reversed or varied.
Marginal note:Notice of review panel
(4) The Minister shall give public notice of the establishment of a review panel.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Public access
(8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public.
Marginal note: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.
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