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

Marginal note:Inspector may require measures

• 57. (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may require the person

  • (a) to stop or shut down any activity or thing involved in the contravention; and

  • (b) to take any other measures that the inspector considers necessary to prevent further contravention, including

    • (i) modifying a pest control product or its labelling or disposing of the product so as to comply with this Act and the regulations, and

    • (ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, distributing or using a registered pest control product in accordance with the conditions of registration.

• Marginal note:Duration of requirement

  (2) A requirement under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.

• Marginal note:Notice

  (3) A requirement under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person who has the possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the requirement.

• Marginal note:Offence and punishment

  (4) Every person who fails to comply with a requirement in a notice delivered under subsection (3) 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:Prosecutions

  (5) A requirement under subsection (1) may be imposed whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the requirement may be confirmed, varied or rescinded by the court that tries the offence.

Marginal note:Disposal of samples

58. A sample taken under this Act or the regulations may be disposed of as an inspector or analyst may direct.

Marginal note:Inspectors may take measures to control risks

• 59. (1) Despite subsection 6(8), an inspector may take any measures described in subsection (2) if he or she has reasonable grounds to believe that there has been a contravention of this Act or the regulations and that a pest control product, or any other thing that has been treated or contaminated by a pest control product, poses a health or environmental risk that the Minister considers is unacceptable.

• Marginal note:Measures

  (2) The inspector may

  • (a) require an owner or a person who has the possession, care or control of the pest control product or other thing to dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;

  • (b) confiscate or dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; or

  • (c) authorize any other person to exercise the powers described in paragraph (b).

• Marginal note:Notice

  (3) A requirement under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person who has the possession, care or control of the product or thing and the notice

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

  • (b) may specify the period within which and the manner in which the required action must be taken.

• Marginal note:Offence and punishment

  (4) Every person who fails to comply with a requirement in a notice delivered under subsection (3) 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.