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)
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Assented to 2016-12-12
2002, c. 28Pest Control Products Act (continued)
37 (1) The portion of subsection 33(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment — subsection (2)
(7) Every person who contravenes subsection (2) is guilty of an offence and liable
(2) Section 33 of the Act is amended by adding the following after subsection (7):
Marginal note: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
38 Subsection 35(3) of the Act is replaced by the following:
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 individuals to review the decision and to recommend whether the decision should be confirmed, reversed or varied.
39 The Act is amended by adding the following after section 41:
Product Safety Information for Unregistered Products
Marginal note: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.
40 Paragraph 44(1)(c) of the Act is replaced by the following:
(c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to an individual;
41 The heading “Enforcement” before section 45 of the Act is replaced by the following:
Administration and Enforcement
42 Subsection 45(2) of the Act is replaced by the following:
Marginal note: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.
43 Subsection 46(1) of the Act is replaced by the following:
Marginal note: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.
44 Subsection 47(3) of the Act is replaced by the following:
Marginal note: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.
45 (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of inspectors
48 (1) For a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, an inspector may
(2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:
(c) order any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;
(d) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;
(d.1) examine or test, or take samples of, anything that is in the place being inspected;
(d.2) examine a document that is in the place being inspected, make copies of it or take extracts from it;
(d.3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;
(d.4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;
(d.5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;
(d.6) take photographs or make recordings or sketches;
(d.7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;
(d.8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;
(d.9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and
(3) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Persons accompanying inspector
(2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.
Marginal note:Entering private property
(3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)(a).
Marginal note:Offence and punishment
(4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)(c), (d), (d.3) or (d.7) is guilty of an offence and liable
46 (1) Paragraph 49(2)(b) of the Act is replaced by the following:
(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
(2) Section 49 of the Act is amended by adding the following after subsection (3):
Marginal note:Telewarrant
(4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.
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