Pest Control Products Act

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

  • (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.