PART IIFEES TO BE PAID FOR A RIGHT OR PRIVILEGE TO MANUFACTURE OR SELL A PEST CONTROL PRODUCT IN CANADA
9. (1) A registrant shall pay, in respect of each pest control product that on April 16, 1997 and on April 1 in any year thereafter is registered in the name of the registrant, an annual fee that is the lesser of
(a) $2,690, and
(b) an amount that is equal to 3 per cent of the annual sales of the pest control product in Canada during the registrant’s preceding fiscal year, but not less than $75.
(2) The registrant shall pay the fee referred to in subsection (1) as follows:
(a) on receipt of a notice from the Minister requesting payment; or
(b) in four equal quarterly payments with the first payment due on receipt of a notice from the Minister requesting payment.
(3) Where the payment is made under paragraph (1)(b), the registrant shall, at the time of making the payment referred to in paragraph (2)(a) or the first quarterly payment referred to in paragraph (2)(b), submit to the Minister the sales records that have been certified on behalf of the registrant by a person designated for that purpose and for the year referred to in paragraph (1)(b).
(4) Where the Minister determines that, on the basis of any information available to the Minister, the certified sales records referred to in subsection (3) may not be adequate for the purpose of determining the fee payable, the Minister may require that a registrant submit sales records in respect of a pest control product that have been audited by a qualified independent auditor.
(5) Where the audited sales records submitted pursuant to subsection (4) are inconsistent with the certified sales records referred to in subsection (3), the fee payable is determined on the basis of the records indicating the higher amount of sales.
10. Where a fee is payable under this Part in respect of a pest control product by a registrant who has paid a fee pursuant to subsection 3(2) or 4(2) of the Authority to Sell Drugs Fees Regulations in respect of the same pest control product for the period beginning on October 1, 1996 and ending on September 30, 1997 and the fee paid is less than the fee payable under this Part, the registrant shall pay an amount that is equal to the difference between the fee payable under this Part and the fee paid pursuant to the Authority to Sell Drugs Fees Regulations.
COMING INTO FORCE
11. These Regulations come into force on April 16, 1997.
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