Disposition of Things Seized

Marginal note:Storage and removal

• 53. (1) An inspector or any person designated by an inspector may

  • (a) store a seized pest control product or other thing at the place where it was seized or remove it to another place for storage; or

  • (b) require the owner of the product or other thing or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, to remove the product to any other place for storage.

• Marginal note:Notice

  (2) A requirement under paragraph (1)(b) 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 requirement; and

  • (b) may specify the period within which and the manner in which the pest control product or other thing is to be removed and stored.

• Marginal note:Offence and punishment

  (3) Every person who fails to comply with a requirement in a notice delivered under 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.

• Marginal note:Interference with seized things

  (4) Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a pest control product or other thing seized and detained by an inspector under this Act.

• Marginal note: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.

Marginal note:Application of certain provisions of Criminal Code

54. Subsections 489.1(2) and (3) and section 490 of the Criminal Code apply in respect of a pest control product or other thing seized by an inspector, except that

• (a) the references in subsection 490(1) of that Act to “the prosecutor” shall be read as references to “the prosecutor or inspector”;

• (b) the reference in subsection 490(2) of that Act to “a period of not more than three months” shall be read as a reference to “a period of not more than six months”;

• (c) the references in section 490 of that Act to “proceedings” shall be read as references to “proceedings or proceedings in respect of violations”; and

• (d) if proceedings relating to the seized thing are commenced in respect of a violation, the justice before whom the thing was brought or to whom its seizure was reported shall forward the seized thing to the Minister to be detained and disposed of under section 22 of the Agriculture and Agri-Food Administrative Monetary Penalties Act or under subsection 55(3) of this Act.

Marginal note:Forfeiture on consent

• 55. (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized by an inspector is forfeited to Her Majesty in right of Canada if the owner consents in writing to its forfeiture.

• Marginal note:Forfeiture by court order

  (2) If the Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products 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 a pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, unless the product or thing has been returned to its owner or another person.

• Marginal note:Directions of Minister

  (3) A pest control product or other thing that is forfeited under this section shall be disposed of as the Minister directs.

Marginal note:Return of seized things

• 56. (1) A seized pest control product or other thing shall be returned to its owner or the person who had the possession, care or control of the product 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.

• Marginal note: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 who had the possession, care or control of it at the time of seizure; or

  • (b) sold in satisfaction of the fine or penalty.

Enforcement Measures

Marginal note:Inspector may require 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 require 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, distributing or using a registered pest control product in accordance with the conditions of registration.

• Marginal note:Duration of requirement

  (2) A requirement under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.

• Marginal note:Notice

  (3) A requirement 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 who has the 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 requirement.

• Marginal note:Offence and punishment

  (4) Every person who fails to comply with a requirement 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.

• Marginal note:Prosecutions

  (5) A requirement under subsection (1) may be imposed whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the requirement may be confirmed, varied or rescinded by the court that tries the offence.

Disposal and Risk-control Measures

Marginal note:Disposal of samples

58. A sample taken under this Act or the regulations may be disposed of as an inspector or analyst may direct.

Marginal note: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.

• Marginal note:Measures

  (2) The inspector may

  • (a) require an owner or a person who has the possession, care or control of the pest control product or other thing to dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;

  • (b) confiscate or dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; or

  • (c) authorize any other person to exercise the powers described in paragraph (b).

• Marginal note:Notice

  (3) A requirement under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person who has the possession, care or control of the product or thing and the notice

  • (a) must include a statement of the reasons for the requirement; and

  • (b) may specify the period within which and the manner in which the required action must be taken.

• Marginal note:Offence and punishment

  (4) Every person who fails to comply with a requirement 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.

Review of Inspectors’ Requirements

Marginal note:Request for review

• 60. (1) Subject to this section, a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3) shall be reviewed on the written request of the person to whom the notice was delivered.

• Marginal note:Contents of and time for making request

  (2) A request under subsection (1) shall state the grounds for the request and the decision that is requested and must be delivered to the Minister within 10 days after the date on which the notice referred to in that subsection was delivered to the person who made the request.

• Marginal note:Reviewer

  (3) A review requested under subsection (1) may be conducted by the inspector who delivered the notice or by any other inspector or official to whom the review is assigned.

• Marginal note:Refusal when grounds already considered

  (4) A review requested under subsection (1) may be refused if the request does not comply with subsection (2) or if the grounds stated in the request were presented to and considered by the inspector before the notice was delivered.

• Marginal note:Refusal in case of emergency

  (5) If the reasons in a notice referred to in subsection (1) include the existence of an emergency concerning risks to human health or safety or the environment, the reviewer may refuse to undertake the review until he or she is satisfied that there has been sufficient compliance with the requirement in the notice to address the emergency.

• Marginal note:Refusal not affected by inspector’s prior knowledge of emergency

  (6) For the purposes of subsection (5), the reviewer may refuse to undertake the review no matter how long before delivery of the notice the inspector had known of the circumstances concerning the emergency.

• Marginal note:Reasons for refusal

  (7) A refusal under subsection (4) or (5) shall be communicated in writing to the person who made the request, with reasons for the refusal.

• Marginal note:Review initiated by inspector

  (8) An inspector who delivers a notice referred to in subsection (1), or any other inspector or official assigned to do so, may review the requirement included in the notice regardless of whether a request has been made under that subsection.

• Marginal note:Conduct of review

  (9) A review referred to in subsection (1) or (8) shall be conducted in accordance with the regulations, if any.

• Marginal note:Decision on completion of review

  (10) On completion of a review, the reviewer shall make a decision to confirm, amend, terminate or cancel the requirement.

• Marginal note:Notice

  (11) Written notice of the reviewer’s decision under subsection (10), with reasons, shall be delivered to the person who made the request or, if there was no request, to the person to whom the notice referred to in subsection (1) was, or could have been, delivered.

• Marginal note:Delay in proceedings under section 61

  (12) An application shall not be made under section 61 in relation to a requirement until

  • (a) the expiry of the 10-day period referred to in subsection (2) without a review having been requested under subsection (1);

  • (b) a request for a review has been refused under subsection (4) or (5); or

  • (c) a review that has been requested under subsection (1) and has not been refused under subsection (4) or (5), or a review that has been undertaken under subsection (8), has been completed and action has been taken under subsection (10).

• Marginal note:Effect of amendment

  (13) When the decision under subsection (10) is to amend a requirement, the notice of that decision under subsection (11) is deemed, for the purpose of section 61, to have been delivered under subsection 53(2), 57(3) or 59(3), as the case may be, and the amended requirement is subject to review under this section.

Court Orders

Marginal note:Application for court order

61. If a person fails to comply with a requirement 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.

DELIVERY OF DOCUMENTS

Marginal note:Method of delivery

• 62. (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by certified or registered mail or any other method that provides proof of delivery.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

FEES, CHARGES AND COSTS

Marginal note:Recovery of fees

63. Her Majesty in right of Canada may recover any fee or charge that applies in relation to the administration of this Act or the regulations.

Marginal note:Charges and costs for inspections, etc.

• 64. (1) Her Majesty in right of Canada may recover from any person referred to in subsection (2) any charges under this Act and any costs incurred by Her Majesty in relation to the administration of this Act or the regulations, including

  • (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, removal, disposal or return of a pest control product or other thing, required or authorized by this Act or the regulations;

  • (b) the seizure, detention, forfeiture or disposal of a pest control product or other thing under this Act or the regulations; and

  • (c) any enforcement or risk-control measures taken by the Minister or an inspector under this Act or the regulations.

• Marginal note:Persons liable

  (2) The following persons are jointly and severally liable or solidarily liable for the charges and costs relating to an action or measure referred to in subsection (1):

  • (a) in the case of an action or measure in respect of a place, the owner and the occupier of that place; and

  • (b) in the case of an action or measure in respect of a pest control product or other thing, the owner of that product or thing and the person who, immediately before the action or measure was taken, had the possession, care or control of that pest control product or thing.

LIMITATION ON LIABILITY

Marginal note: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.

COMPENSATION FOR USE OF INFORMATION

Marginal note: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.

• Marginal note: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 made under paragraph 67(1)(h).

• Marginal note: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.

• Marginal note:Exception

  (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3).

• Marginal note: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.