An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)

31 Section 118 of the Act is amended by adding the following after subsection (1):

2002, c. 28Pest Control Products Act

• 32 (1) The first paragraph of the preamble to the Pest Control Products Act is replaced by the following:

  WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of individuals in Canada and to the environment;

• (2) The fifth and sixth paragraphs of the preamble to the Act are replaced by the following:

  WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect individuals and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication;

  WHEREAS it is in the national interest that the primary objective of the federal regulatory system be to prevent unacceptable risks to individuals and the environment from the use of pest control products,

• (3) The ninth paragraph of the preamble to the Act is replaced by the following:

  in assessing risks to individuals, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors,

• (4) The fourteenth paragraph of the preamble to the English version of the Act is replaced by the following:

  the provinces and territories and those persons whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to parti­cipate in the regulatory system in ways that are consistent with the attainment of its objectives, and

• 33 (1) The definitions analyst, inspector, label, manufacture, package, violation and workplace in subsection 2(1) of the Act are replaced by the following:

  analyst

  analyst means an individual who is appointed or designated as an analyst under section 45. (analyste)

  inspector

  inspector means an individual who is appointed or designated as an inspector under section 45. (inspecteur)

  label

  label includes any written, printed or graphic matter

  • (a) that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a pest control product or a package; or

  • (b) that belongs to a pest control product and is transmitted electronically, in accordance with the regulations. (étiquette)

  manufacture

  manufacture includes produce, formulate, package, label and prepare for distribution or use. (fabrication)

  package

  package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. (emballage)

  violation

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

  • (a) any contravention of any provision of this Act or of a regulation made under this Act; and

  • (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation)

  workplace

  workplace means a place where an individual works for remuneration. (lieu de travail)

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  document

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

  person

  person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code. (personne)

34 Subsection 4(1) of the Act is replaced by the following:

• 35 (1) Subsections 6(1) to (4) of the Act are replaced by the following:

  Marginal note:Unregistered pest control products

  • 6 (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), section 48 or 51, any of sections 53 to 59 or the regulations.

  • Marginal note:Conditions of registration

    (2) Except as otherwise authorized under section 53.3 or 54, no person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration.

  • Marginal note:Packaging and labelling

    (3) Except as otherwise authorized under section 53, 53.3 or 54, no person shall store, import, export or distribute a pest control product that is not packaged and labelled in accordance with the regulations and, if it is registered, the conditions of registration.

• (2) Subsections 6(6) and (7) of the Act are replaced by the following:

  • Marginal note:Packaging, labelling and advertisement

    (7) No person shall package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.

• (3) Section 6 of the Act is amended by adding the following after subsection (8):

  • Marginal note:Alteration, destruction or falsification — required documents

    (8.1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

  • Marginal note:Alteration, possession or use — official documents

    (8.2) It is prohibited for a person to

    • (a) alter a document issued or made — or in any manner given — under this Act; or

    • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

  • Marginal note:Possession or use of documents that resemble official documents

    (8.3) It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

• 36 (1) Paragraph 8(1)(a) of the Act is replaced by the following:

  • (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection (2), the conditions relating to its label;

• (2) Subsection 8(3) of the Act is repealed.

• (3) Section 8 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Product safety information

    (4.1) Subject to the regulations and as a condition of registration, the registrant of a pest control product shall,

    • (a) provide, in accordance with the regulations, to workplaces where the pest control product is manufactured, handled, stored or used, product safety information that complies with the prescribed requirements; or

    • (b) make available, in accordance with the regulations, to persons who manufacture, handle, store or use the pest control product, product safety information that complies with the prescribed requirements.