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
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.
47 Subsection 50(1) of the Act is replaced by the following:
Marginal note:Assistance to inspectors
50 (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 and any person found in the place shall
(a) give the inspector all reasonable assistance in their power to enable the inspector to exercise powers or perform duties or functions under the provisions of this Act or the regulations; and
(b) provide the inspector with any information relevant to the administration of the provisions of this Act or the regulations that the inspector may reasonably require.
48 Section 51 of the Act and the heading before it are replaced by the following:
Marginal note:Production of documents, information or samples
51 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.
Marginal note:Offence and punishment
(2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) is guilty of an offence and liable
49 Section 52 of the Act is replaced by the following:
Marginal note:Inspector may seize
52 An inspector may seize and detain any pest control product or other thing that the inspector has reasonable grounds to believe
50 The heading before section 53 of the Act is replaced by the following:
Dealing with Seized Things
51 (1) Subsections 53(1) and (2) of the Act are replaced by the following:
Marginal note:Storage, movement and disposition
53 (1) An inspector may, in respect of a pest control product or other thing seized under this Act,
(a) on notice to its owner or the person having possession, care or control of it at the time of its seizure or to the owner or person responsible for the place where it was seized, store it or move it at the expense of the person to whom the notice is given;
(b) order its owner or the person having possession, care or control of it at the time of its seizure or the owner or person responsible for the place where it was seized to store it or move it at the expense of the person being so ordered;
(c) if the pest control product or other thing is perishable, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given; or
(d) if the inspector is of the opinion that the pest control product or other thing endangers human health or safety or the environment and that its disposition is necessary to respond to the danger, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it, despite subsection 6(8), at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it, despite subsection 6(8), at the expense of the person to whom the notice is given.
Marginal note:Notice
(2) An order under paragraph (1)(c) or (d) shall be communicated by delivering a written notice to the owner or person and the notice
(2) The portion of subsection 53(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
(3) Every person who fails to do anything the person was ordered to do by an inspector under paragraph (1)(b), (c) or (d) is guilty of an offence and liable
(3) Subsection 53(4) of the Act is replaced by the following:
Marginal note:Interference with seized things
(4) Except with the authorization of an inspector, no person shall move, alter or interfere with a pest control product or other thing seized under this Act.
52 Sections 54 to 56 of the Act are replaced by the following:
Marginal note:Release of seized thing
53.1 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a pest control product or other thing seized under this Act have been complied with, the product or thing must be released.
Marginal note:Application for return
53.2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.
Marginal note:Order for return
(2) If the Review Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the pest control product or other thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.
Removal, Forfeiture or Destruction of Unlawful Imports
Marginal note:Unlawful imports
53.3 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner or importer or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the pest control product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the pest control product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
Marginal note:Removal or destruction of unlawful imports
54 (1) An inspector who has reasonable grounds to believe that an imported pest control product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by written notice, whether the pest control product is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.
Marginal note:Forfeiture
(2) If the pest control product is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered — it is, despite section 53.1, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered.
Marginal note:Suspension of application of subsection (2)
(3) An inspector may, for the period specified by the inspector, suspend the application of subsection (2) if the inspector is satisfied that
(a) the pest control product does not endanger human health or safety or the environment;
(b) the pest control product will not be sold within that period;
(c) the measures that should have been taken for the pest control product not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and
(d) if the pest control product does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.
Marginal note:Cancellation
(4) An inspector may cancel the notice if the inspector is satisfied that
(a) the pest control product does not endanger human health or safety or the environment;
(b) the pest control product has not been sold within the period referred to in subsection (5);
(c) the measures referred to in paragraph (3)(c) were taken within that period; and
(d) if the pest control product did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.
Marginal note:Period
(5) The period for the purposes of subsection (4) is
(a) if the application of subsection (2) was suspended under subsection (3), the period of the suspension; and
(b) if the application of subsection (2) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered.
Marginal note:Offence and punishment
(6) Every person who fails to comply with an order in the notice is guilty of an offence and liable
Forfeiture
Marginal note:Unclaimed pest control products or other things
54.1 (1) A pest control product or other thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if
(a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
(b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.
Marginal note:Proceedings instituted
(2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized pest control product or other thing.
Marginal note:Disposition
(3) A seized pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
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 under this Act by an inspector is forfeited to Her Majesty in right of Canada if the owner consents to its forfeiture. The pest control product or other thing that is forfeited may be disposed of, as the Minister directs, at the owner’s expense.
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 the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.
Marginal note:Directions of Minister
(3) A pest control product or other thing that is forfeited under subsection (2) may be disposed of as the Minister directs, at the expense of,
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 having possession, care or control of the product or thing 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
Marginal note:Forfeiture on application of inspector
56.1 (1) A judge of a superior court of the province in which a pest control product or other thing is seized under this Act may, on the application of an inspector, order that the pest control product or other thing be forfeited to Her Majesty in right of Canada.
Marginal note:Notice and inquiry
(2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the pest control product or other thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.
Marginal note:Disposition
(3) A pest control product or other thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.
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