Registration of Pest Control Products (continued)
Other Grounds for Cancellation or Amendment
Marginal note:Discontinuation of sale of product
22 (1) A registrant who intends to discontinue the sale of a pest control product for one or more uses for which it is registered shall notify the Minister of that intention in the form and manner directed by the Minister.
Marginal note:Reasons for discontinuation
(2) The Minister may deliver a notice in writing to the registrant requiring the registrant to explain the reasons for the discontinuation.
Marginal note:Cancellation or amendment of registration
(3) On receipt of notification under subsection (1), the Minister shall cancel or amend the registration, as the case may be, as of a date to be determined by the Minister and, pending that date, may impose any conditions that the Minister considers necessary for carrying out the purposes of this Act.
Marginal note:Non-payment of fees, fines, etc.
(2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations.
(3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action.
Marginal note:Amendment with consent
24 The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its health or environmental risks or increasing its value.
Marginal note:Breach of conditions
25 The Minister may cancel or amend the registration of a pest control product if the registrant does not comply with the conditions of registration.
Marginal note:Violation or offence
26 If a person is found to have committed a violation or is convicted of an offence under this Act, the Minister may, having regard to the nature of the violation or offence and the circumstances surrounding its commission,
(a) cancel or amend the registration of the pest control product that was involved in the violation or offence where the person who committed the violation or offence is the registrant;
(b) cancel or amend the registration of any other pest control product in respect of which the person is the registrant; or
(c) refuse to consider any application made under this Act by the person during any period that the Minister considers appropriate.
Marginal note:Implementation of international agreement
27 The Governor in Council may, by order, cancel or amend the registration of a pest control product or a class of pest control products if the Governor in Council considers it necessary to do so to implement an international agreement.
Marginal note:Minister to consult
28 (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision
(a) to grant or deny an application
(i) to register a pest control product that is or contains an unregistered active ingredient, or
(ii) to register, or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks;
(b) about the registration of a pest control product on completion of a re-evaluation or special review; or
(c) about any other matter if the Minister considers it in the public interest to do so.
Marginal note:Public notice
(2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement.
Marginal note:Consultation statement
(3) The consultation statement shall include
(a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister;
(b) the proposed decision and the reasons for it; and
(c) any other information that the Minister considers necessary in the public interest.
Marginal note:Consideration of comments
(4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision.
Marginal note:Decision statement
(5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision.
Marginal note:Confidential test data
(6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest.
Marginal note:Failure to report information
Marginal note:Non-compliance with requirement
(2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.
Marginal note:False or misleading information
Marginal note:False or misleading tests
(2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.
Marginal note:Non-compliance with conditions of registration
Marginal note:Non-compliance with other conditions and requirements
(2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.
32 Every person who commits an offence under any of sections 29 to 31 is 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:Export control list
(2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act.
(3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister.
(4) The Minister may authorize an applicant to export a pest control product to a specified country if
(5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.
Marginal note:Public notice
(6) The Minister shall give public notice of the authorization.
Marginal note:Offence and punishment — subsection (2)
(7) Every person who contravenes subsection (2) is guilty of an offence and liable
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
- 2002, c. 28, s. 33
- 2016, c. 9, s. 37
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