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Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

Version of the schedule from 2019-07-12 to 2021-12-31:


SCHEDULE 1(Sections 2 to 4)Pest Control Products Act and Regulations

PART 1

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

Column 1Column 2Column 3
ItemProvision of the Pest Control Products ActShort-form DescriptionFootnote for PART 1 Pest Control Products Act (S.C. 2002, C. 28)*Classification
16(1)Manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered or otherwise authorizedVery serious
26(2)Manufacture, import, export or distribute a registered pest control product contrary to the conditions of registrationVery serious
36(3)Store, import, export or distribute a pest control product not packaged or labelled in accordance with the regulations or, if it is registered, the conditions of registrationSerious
46(5)(a)Handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with the regulationsVery serious
56(5)(b)Handle, store, transport, use or dispose of a registered pest control product in a way that is inconsistent with the directions on the label recorded in the RegisterVery serious
66(7)Package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impressionSerious
76(8)Manufacture, possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environmentVery serious
86(8.1)Alter, destroy or falsify a document required to be kept, maintained or providedVery serious
96(8.2)(a)Alter a document issued or made — or in any manner given — under the Pest Control Products ActVery serious
106(8.2)(b)Have in possession or use a document issued or made — or in any manner given — under the Pest Control Products Act that has been alteredSerious
116(8.3)Have in possession or use any document not issued or made — or in any manner given — under the Pest Control Products Act that so resembles a document issued or made — or in any manner given — under that Act that is likely to be mistaken for such a documentSerious
1230(1)(b)Knowingly provide false or misleading information in response to a noticeVery serious
1331(1)Fail to comply with the conditions of registrationVery serious
13.131(2)Fail to comply with a condition imposed by the Minister under subsection 21(4) of the Pest Control Products ActSerious
13.231(2)Fail to comply with a condition imposed by the Minister under paragraph 21(5)(a) of the Pest Control Products Act with respect to the continued possession, handling, storage, distribution or use of stocks of a pest control product in Canada at the time of cancellation of its registrationSerious
13.331(2)Fail to comply with the requirement to recall and dispose of a pest control product, the registration of which is cancelled, in the manner specified by the Minister under paragraph 21(5)(b) of the Pest Control Products ActVery serious
13.431(2)Fail to comply with a condition imposed by the Minister under subsection 22(3) of the Pest Control Products ActSerious
1446(1)Resist or obstruct an inspector or make a false or misleading statement to an inspector who is exercising powers or performing duties or functions under the Pest Control Products ActVery serious
1546(2)Fail to make records available to an inspector on requestVery serious
15.148(1)(c)Fail to comply with an order to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspectionVery serious
15.248(1)(d)Fail to comply with an order to move a means of transport to a place where the inspector can enter itVery serious
15.348(1)(d.3)Fail to comply with an order to move the pest control product or other thing or, for any time that may be necessary, not to move it or to restrict its movementVery serious
15.448(1)(d.7)Fail to comply with an order given to any person in the place being inspected to establish their identity to the inspector’s satisfactionSerious
1650(1)Fail to give an inspector all reasonable assistance or to provide an inspector with the required informationSerious
1751(1)Fail to comply with an order to provide, on the date, at the time and place and in the manner specified by the inspector, the document, information or sample specified by the inspectorSerious
17.153(1)(b)Fail to comply with an order to store or move a pest control productVery serious
17.253(1)(c)Fail to comply with an order to dispose of a seized pest control product or other thing that is perishableVery serious
17.353(1)(d)Fail to comply with an order to dispose of a seized pest control product or other thing that endangers human health or safety or the environmentVery serious
1853(4)Remove, alter or interfere with, without an inspector’s authorization, a pest control product or other thing seized and detainedVery serious
18.154(1)Fail to comply with an order to remove a non-compliant pest control product from Canada, or, if removal is not possible, to destroy itVery serious
1957(1)Fail to comply with a requirement in a notice respecting measures to stop an activity or thing involved in a contravention or to prevent further contraventionVery serious
2059(2)(a)Fail to comply with a requirement in a notice respecting measures to reduce or eliminate risksVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 2

Pest Control Products Regulations (SOR/2006-124)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products RegulationsShort-form DescriptionFootnote for PART 2 Pest Control Products Regulations (SOR/2006-124)*Classification
13.2(1)Fail to ensure that the required documents accompany the shipment of the pest control product during transport through Canada or during any short-term storage in Canada in the prescribed mannerVery serious
1.13.2(2) to (8)Fail to ensure that the required documents accompany the shipment of the pest control product during transport through Canada or during any short-term storage in CanadaVery serious
1.23.2(9)Fail to ensure that the packaging of the pest control product is constructed in the prescribed mannerVery serious
1.33.2(10)Fail to store or transport the pest control product separately from food or feed or in such a way as to avoid the possible contamination of the food or feedVery serious
1.43.3Fail to provide information to the Minister on request and in the manner requestedVery serious
1.521Use a word or expression on a package or in any advertisement that states or implies that the Government of Canada promotes, endorses or recommends the use of a pest control productMinor
235Fail to show the conditions of registration that relate to the distribution on the documents that accompany the shipmentMinor
336Import a pest control product without a signed declaration setting out the required informationMinor
4 and 5[Repealed, SOR/2014-4, s. 1]
659Fail to post at research sites signs that meet the requirementsMinor
760(1)Fail to ensure that a pest control product that is used in research is accompanied by an experimental labelSerious
860(2)Fail to have an experimental label that meets requirementsSerious
961(a)Fail to supply every researcher and cooperator involved with a copy of the experimental label, which must be the approved experimental label if a research authorization certificate or research notification certificate has been issuedSerious
10[Repealed, SOR/2014-4, s. 2]
1163Fail to keep research records that contain the required informationMinor
1265Fail to return an unused unregistered pest control product to the manufacturerMinor
1366Fail to return an unused registered pest control product to the manufacturerMinor
1467Distribute a pest control product that is used in the conduct of research otherwise than in accordance with section 65 or 66Serious
1569(b)Where a microbial agent was used under the authority of a research notification certificate, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of researchVery serious
1670(b)Where a semiochemical was used in research otherwise than in accordance with the Regulations, sell meat, milk or eggs, or crops from a research site, that may contain residues as a result of researchVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 3

Pest Control Products Sales Information Reporting Regulations (SOR/2006-261)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products Sales Information Reporting RegulationsShort-form DescriptionFootnote for PART 3 Pest Control Products Sales Information Reporting Regulations (SOR/2006-261)*Classification
13Fail to submit the report on sales information of a pest control product annually and to include in it the required informationSerious
27Fail to submit the report on or before June 1 of the year following the calendar year covered by the reportSerious
38Fail to provide available sales information on a pest control product within 15 days after the Minister requests itVery serious
410Fail to keep all original records and supporting data that relate to the sales information included in a report for six years or fail to submit records and data to the Minister on requestMinor
511Fail to submit sales information of a product, within 60 days after the Minister requests it, in a report prepared by an independent auditor qualified under the laws of a provinceSerious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

PART 4

Pest Control Products Incident Reporting Regulations (SOR/2006-260)

Column 1Column 2Column 3
ItemProvision of the Pest Control Products Incident Reporting RegulationsShort-form DescriptionFootnote for PART 4 Pest Control Products Incident Reporting Regulations (SOR/2006-260)*Classification
16(1)Fail to file an incident report in English or FrenchSerious
26(2)Fail to provide a summary of the study, in English or in French, at the prescribed timeMinor
37Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in CanadaSerious
48Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident that occurs in the United States if the incident fits within any of the categories specifiedSerious
59Fail to file a complete and accurate incident report, in accordance with the time limits specified, about an incident whose effects are identified in a scientific studySerious
610Fail to file an incident report within 15 days after receipt of information about any incident in the categories specifiedVery serious
711(1)Fail to file an incident report before the end of the next month, following the accumulation of information in a month, about any incident in a category specifiedVery serious
812Fail to file, in accordance with the time limits specified, an incident report about any incident in a category specifiedSerious
913Fail to file the required incident reports about any incident in a category specifiedSerious
1014(1)Fail to file an annual summary within two months after the end of the reporting period specifiedSerious
1115(1)Fail to file an annual summary with respect to an active ingredient in the prescribed circumstancesMinor
1215(2)Fail to provide the prescribed information in the annual summaryMinor
1316Fail to provide the required information within 24 hours after the Minister requests it for the purpose of responding to a situation specifiedVery serious
14Obligation to provide the record under section 17 to the Minister, on request, for the purposes specified in that sectionFail to provide the record to the Minister, on request, for the purposes specifiedVery serious
  • Return to footnote *The short-form descriptions are provided in order to facilitate the use of these Regulations. In the case of any discrepancy, the legislative provision shall prevail over the short-form description.

  • SOR/2010-191, s. 10
  • SOR/2012-49, s. 1
  • SOR/2014-4, ss. 1, 2
  • SOR/2018-243, ss. 2 to 11
  • SOR/2018-243, s. 12
  • SOR/2018-243, s. 13

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