Marginal note:Application for court order

61. If a person fails to comply with a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3), the Minister may apply to the Federal Court or any other court of competent jurisdiction for an order requiring the person to comply with the notice or authorizing an inspector to take any measures the court considers necessary to ensure compliance with the notice.

Marginal note:Method of delivery

• 62. (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by certified or registered mail or any other method that provides proof of delivery.

• Marginal note:Representative in Canada

  (2) An applicant for registration of a pest control product or a registrant, who does not reside in Canada, shall

  • (a) designate a representative who resides in Canada to whom correspondence and any notices or documents referred to in subsection (1) can be sent; and

  • (b) inform the Minister in writing of the designation.

• Marginal note:Presumption

  (3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the applicant or registrant who designated the representative.

• Marginal note:Requirement to communicate through designated representative

  (4) The Minister may require an applicant or registrant referred to in subsection (2) to conduct any communications with the Minister through the designated representative of the applicant or registrant.

• Marginal note:Refusal of communications

  (5) Despite any other provision of this Act, the Minister may refuse to receive or act on any communication that is not made in compliance with a requirement made by the Minister under subsection (4).

• Marginal note:Statutory Instruments Act does not apply

  (6) For greater certainty, the Statutory Instruments Act does not apply in respect of notices or other documents delivered under this Act.

Marginal note:Recovery of fees

63. Her Majesty in right of Canada may recover any fee or charge that applies in relation to the administration of this Act or the regulations.

Marginal note:Charges and costs for inspections, etc.

• 64. (1) Her Majesty in right of Canada may recover from any person referred to in subsection (2) any charges under this Act and any costs incurred by Her Majesty in relation to the administration of this Act or the regulations, including

  • (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, removal, disposal or return of a pest control product or other thing, required or authorized by this Act or the regulations;

  • (b) the seizure, detention, forfeiture or disposal of a pest control product or other thing under this Act or the regulations; and

  • (c) any enforcement or risk-control measures taken by the Minister or an inspector under this Act or the regulations.

• Marginal note:Persons liable

  (2) The following persons are jointly and severally liable or solidarily liable for the charges and costs relating to an action or measure referred to in subsection (1):

  • (a) in the case of an action or measure in respect of a place, the owner and the occupier of that place; and

  • (b) in the case of an action or measure in respect of a pest control product or other thing, the owner of that product or thing and the person who, immediately before the action or measure was taken, had the possession, care or control of that pest control product or thing.