Marginal note:Consultation with public

42.1 The public shall be consulted as to policies, guidelines and codes of practice relating to the regulation of pest control products.

Marginal note:Confidential test data

• 43. (1) A person who wishes to inspect confidential test data in the Register must submit to the Minister

  • (a) an application in the form and manner directed by the Minister; and

  • (b) an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits, stating

    • (i) the purpose of the inspection, and

    • (ii) that the person does not intend to use the test data, or make the test data available to others, in order to register a pest control product in Canada or elsewhere or to amend a registration.

• Marginal note:Right to inspection

  (2) The Minister shall permit the person to inspect confidential test data in the Register if the Minister is satisfied that the person does not intend to

  • (a) use the test data in order to register a pest control product in Canada or elsewhere, or to amend a registration; or

  • (b) make the test data available to others for the purpose of registering a pest control product in Canada or elsewhere, or of amending a registration.

• Marginal note:Notice to registrant

  (2.1) If the Minister permits a person to inspect confidential test data in the Register, the Minister shall make a reasonable effort to immediately notify any registrant who provided the data that the Minister has permitted a person to inspect the data.

• Marginal note:Denial of application

  (3) The Minister shall deny an application if the Minister is satisfied that

  • (a) the applicant intends to use the test data for a purpose referred to in subsection (2); or

  • (b) the applicant has used test data obtained from a prior inspection for a purpose referred to in subsection (2).

• Marginal note:Confidential business information

  (4) Subject to subsections (5) and (6), confidential business information is information provided under this Act that is designated as confidential business information by the person who provided it, or information provided under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, and that concerns

  • (a) manufacturing or quality control processes relating to a pest control product;

  • (b) methods for determining the composition of a pest control product; or

  • (c) the monetary value of sales of pest control products provided to the Minister pursuant to subsection 8(5) and other financial or commercial information provided to the Minister pursuant to this Act or the regulations.

• Marginal note:Formulants and contaminants

  (5) Unless otherwise excluded by the regulations, if any, made under paragraph 67(1)(n), confidential business information also includes information that

  • (a) is provided under this Act and is designated as confidential business information by the person who provided it or was provided under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985; and

  • (b) contains the identity and concentration of the formulants and contaminants in a pest control product, other than those that the Minister considers to be of health or environmental concern and are identified on a list to be established and maintained by the Minister and made available to the public.

• Marginal note:Designation not satisfactory

  (6) If the Minister decides that information designated under subsection (4) or (5) does not meet the requirements of that subsection, the information is not confidential business information for the purposes of this Act.

• Marginal note:Notice

  (7) If the Minister decides that designated information is not confidential business information, the Minister shall give written notice to the person who provided the information of the decision and the reasons for it.

• Marginal note:Interpretation

  (8) Nothing in this Act shall be construed as

  • (a) preventing the Minister from refusing to disclose confidential test data or confidential business information under the Access to Information Act; or

  • (b) entitling a person to make or obtain a copy of confidential test data, other than confidential test data to which the public has access

    • (i) in documents referred to in subsections 28(6), 39(2) and 42(3), or

    • (ii) under the authority of the regulations made under paragraph 67(1)(m).

• Marginal note:Offence and punishment

  (9) Every person who makes a false statement in an affidavit or a statutory declaration referred to in subsection (1) 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:Permitted disclosure

• 44. (1) The Minister may, in accordance with the regulations, if any, disclose confidential test data or confidential business information that has been provided under this Act or is in the Register to

  • (a) any person who provides services to Her Majesty in right of Canada for the purpose of protecting human health or safety or the environment;

  • (b) an international organization or the government of a province or a country that is a party to an agreement with Her Majesty in right of Canada or an agent of Her Majesty, relating to the exchange of information about pest control products;

  • (c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to a person;

  • (d) a department or an agency of the federal or a provincial government that requests the information in order to respond to a situation that endangers human health or safety or the environment;

  • (e) a review panel established by the Minister under subsection 35(3); or

  • (f) any other person or body, including an advisory council established under subsection 5(1), from whom the Minister requests advice for the purposes of this Act.

• Marginal note:Protection of disclosed information

  (2) Before disclosing information under paragraph (1)(b), the Minister must be satisfied that the party to the agreement, other than Her Majesty in right of Canada or an agent of Her Majesty, can provide protection from unfair commercial use or disclosure of the information that is consistent with the protection provided under this Act.

• Marginal note:Prohibition against disclosure

  (3) No person shall disclose information obtained under subsection (1) unless authorized by the person who provided the information to the Minister or unless authorized under the Access to Information Act, this Act or the regulations.

• Marginal note:Prohibition against use

  (4) No person shall use information obtained under subsection (1) for any purpose other than the purpose for which it was obtained, unless authorized by the person who provided the information to the Minister.

• Marginal note:Offence and punishment

  (5) Every person who contravenes subsection (3) or (4) 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:Security measures

  (6) Every person who obtains information under subsection (1) shall comply with any prescribed security measures and take all reasonable precautions to avoid any prohibited disclosure of the information.

• Marginal note:Offence and punishment

  (7) Every person who contravenes subsection (6) 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.

ENFORCEMENT

Inspectors and Analysts

Marginal note:Appointment

• 45. (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act.

• Marginal note:Designation of inspectors and analysts

  (2) For the purposes of this Act, the Minister may designate qualified persons, either individually or as a class, to act as inspectors or analysts in relation to any matter referred to in the designation, but

  • (a) no person who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the person is employed; and

  • (b) no person who is employed by the government of a province may be designated without the approval of that government.

• Marginal note:Inspector’s certificate of designation

  (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

Marginal note:Obstruction of inspectors

• 46. (1) No person shall resist or wilfully obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is carrying out duties or functions under this Act.

• Marginal note:Inspection of records

  (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request.

• Marginal note:Offence and punishment

  (3) Every person who contravenes this section 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.

Voluntary Reports

Marginal note:Report of contravention

• 47. (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector.

• Marginal note:Confidentiality

  (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing.

• Marginal note:Protection of person

  (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

  • (a) made a report under subsection (1);

  • (b) refused or stated an intention of refusing to do anything that the person reasonably believed was or would be a contravention under this Act; or

  • (c) done or stated an intention of doing anything that the person reasonably believed was required by or under this Act.

• Marginal note:Offence and punishment

  (4) Every person who contravenes subsection (2) or (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.

Inspections

Marginal note:Powers of inspectors

• 48. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may

  • (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

  • (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

  • (c) require any person 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 inspection;

  • (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains information relevant to the administration of this Act or the regulations; and

  • (e) conduct any tests or analyses or take any measurements.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In conducting an inspection at a place, an inspector may

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

Marginal note:Warrant required to enter dwelling-place

• 49. (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) If on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Assistance to inspectors

• 50. (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 or under a warrant issued under section 487 of the Criminal Code and any person found in the place shall

  • (a) give the inspector all reasonable assistance in their power to enable the inspector to perform duties and functions under this Act or the regulations; and

  • (b) provide the inspector with any information relevant to the administration of this Act or the regulations that the inspector may reasonably require.

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) 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.

Searches

Marginal note:When warrant not necessary

• 51. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.

• Marginal note:Additional powers during search

  (2) In conducting a search under subsection (1) or under section 487 of the Criminal Code, an inspector may exercise the powers described in section 48.

Seizures

Marginal note:Inspector may seize

• 52. (1) An inspector conducting an inspection under section 48, 49 or 51 may seize and detain any pest control product or other thing if he or she has reasonable grounds to believe that

  • (a) it was involved in a contravention of this Act or the regulations; or

  • (b) it will afford evidence in respect of a contravention of this Act or the regulations.

• Marginal note:Communicate reasons

  (2) After seizing a pest control product or other thing, the inspector shall, as soon as practicable, take any measures that are necessary in the circumstances to advise the owner or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, of the reason for the seizure and the place where the product is being stored.