Pest Control Products Act

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

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

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

• 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

  • (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 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.

• 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.