Pest Control Products Act (S.C. 2002, c. 28)

Marginal note:Cancellation or amendment

• 20 (1) The Minister may cancel or amend the registration of a pest control product if

  • (a) the registrant fails to satisfy a requirement under subsection 16(3) or 18(1) or paragraph 19(1)(a); or

  • (b) in the course of a re-evaluation or special review, the Minister has reasonable grounds to believe that the cancellation or amendment is necessary to deal with a situation that endangers human health or safety or the environment, taking into account the precautionary principle set out in subsection (2).

• Marginal note:Precautionary principle

  (2) Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent adverse health impact or environmental degradation.

• Marginal note:Rescission of action

  (3) The Minister may rescind any action taken under subsection (1) if the circumstances that prompted it cease to exist.

• Marginal note:Refusal to consider applications

  (4) If the registration of a pest control product is cancelled or amended under paragraph (1)(a), the Minister may, for a prescribed period, refuse to consider any application made in respect of that product by the registrant.

Marginal note:Confirmation

• 21 (1) If the Minister considers that the health and environmental risks and the value of a pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall confirm the registration.

• Marginal note:Amendment or cancellation

  (2) If the Minister does not consider that the health or environmental risks or value of a pest control product are acceptable, the Minister shall

  • (a) amend the registration if the Minister considers that the health and environmental risks and value of the product would be acceptable after the amendment; or

  • (b) cancel the registration.

• Marginal note:Delay of effective date

  (3) The Minister may delay the effective date of the amendment or cancellation if

  • (a) no suitable alternative to the use of the pest control product is available; and

  • (b) the Minister considers that the health and environmental risks and value of the product are acceptable until the effective date of the amendment or cancellation.

• Marginal note:Conditions on delay

  (4) A delay is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

• Marginal note:Existing stocks

  (5) When cancelling the registration of a pest control product under this section or any other provision of this Act, or when an order made under subsection 8.1(2) or 28.1(2) expires or is repealed, the Minister may

  • (a) allow the continued possession, handling, storage, distribution and use of stocks of the product in Canada at the time of the cancellation, expiration or repeal, subject to any conditions, including disposal procedures, that the Minister considers necessary for carrying out the purposes of this Act;

  • (b) require the registrant to recall and dispose of the product in a manner specified by the Minister; or

  • (c) seize and dispose of the product.

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.

• 23 (1) If a registrant fails to pay a fee, fine, penalty, charge or cost that the registrant is liable to pay under or in relation to this Act, the Minister may

  • (a) cancel or amend any registration in the registrant’s name; and

  • (b) refuse to consider any application made by the registrant under this Act.

• Marginal note:Representations

  (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.

• Marginal note:Notice

  (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.

Public Consultation

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.

Economic Security and Food Security Orders

Marginal note:Orders to amend registration of pest control product

• 28.1 (1) After the Minister has made public under subsection 28(5) a decision statement relating to a re-evaluation or special review in respect of a pest control product that indicates that the product’s registration must be amended because the Minister does not consider that the environmental risks of the product are acceptable, the Governor in Council may, by order, amend the registration if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

• Marginal note:Orders to reinstate registration of pest control product

  (2) After the Minister has made public under subsection 28(5) a decision statement relating to a re-evaluation or special review in respect of a pest control product that indicates that the product’s registration must be cancelled because the Minister does not consider that the environmental risks of the product are acceptable, the Governor in Council may, by order, reinstate or both reinstate and amend the registration if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security.

• Marginal note:Conditions

  (3) An order made under this section in respect of a pest control product may contain any conditions related to the product that the Governor in Council considers necessary, including conditions that

  • (a) relate to the manufacture, possession, handling, storage, transport, distribution, use or disposition of the product;

  • (b) require the registrant to compile information, conduct tests and monitor experience with respect to the product for the purpose of obtaining additional information with respect to its effects on the environment or with respect to its value, and to submit that additional information to the Minister within the time and in the form and manner specified in the order;

  • (c) require the registrant to compile information and monitor experience with respect to the product for the purpose of obtaining additional information as to any effect that the product’s registration has on national economic security, regional economic security or national food security, and to submit that additional information to the Minister within the time and in the form and manner specified in the order; and

  • (d) require the persons or classes of persons specified in the order to keep the records specified in the order, and to submit those records to the Minister within the time and in the form and manner specified in the order.

• Marginal note:Duration of order

  (4) An order made under this section is in effect for the period specified in the order, which must not be for more than three years after the day on which the order comes into force. The Governor in Council may extend the period for a further period of not more than three years if the Governor in Council considers it necessary to do so to protect national economic security, regional economic security or national food security, but the Governor in Council may do so only once.

Marginal note:Cessation of effect

• 28.2 (1) Any amendments made to the registration of a pest control product by an order made under subsection 28.1(1) cease to have effect on the day on which the order expires or is repealed.

• Marginal note:Period of registration

  (2) The registration of a pest control product that is reinstated by an order made under subsection 28.1(2) is valid for the same period as the order is in effect.

• Marginal note:Cancellation of registration by Minister

  (3) If the registration of a pest control product that is the subject of an order made under section 28.1 is cancelled by the Minister during the period for which the order is in effect, that order ceases to have effect on the date of the cancellation.

Marginal note:Notice of proposed order

• 28.3 (1) At least 30 days before the day on which an order is made under section 28.1, a notice of the proposed order must be made public. The notice must include the name of the pest control product in respect of which the order will relate and the proposed duration of the order.

• Marginal note:Order to be made public

  (2) An order made under section 28.1 must be made public.

Marginal note:Sunset provision

28.4 The Governor in Council is not authorized to make an order under section 28.1 in respect of a pest control product more than one year after the day on which the relevant decision statement relating to a re-evaluation or special review in respect of the product has been made public under subsection 28(5).

Marginal note:Non-application of Statutory Instruments Act

28.5 The Statutory Instruments Act does not apply in respect of an order made under section 28.1.

Offences

Marginal note:Failure to report information

• 29 (1) Every person who does not comply with section 13 is guilty of an offence.

• 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

• 30 (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

  • (a) about the health or environmental risks or the value of a pest control product; or

  • (b) in response to a notice delivered under this Act.

• 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

• 31 (1) A registrant who does not comply with the conditions of registration is guilty of an offence.

• 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.