Review Panel Regulations (SOR/2008-22)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Pest Control Products Act. (Loi)

objector

objector means a person who objects to a decision referred to in paragraph 28(1)(a) or (b) of the Act and who files a notice of objection under section 35 of the Act. (opposant)

participant

participant means, in the context of a review panel hearing, an objector or a person who makes representations under subsection 35(7) of the Act. (participant)

terms of reference

terms of reference means, with regard to a review panel, the terms of reference determined under subsection 35(6) of the Act. (mandat)

Notice of Objection

2 A notice of objection referred to in subsection 35(1) of the Act shall include

• (a) the name and address of the objector or, if the objector is a corporation, its corporate name and any other name registered with a province by which the objector identifies itself;

• (b) the decision to which the notice relates and the date on which the decision was made;

• (c) the scientific basis for the objection to the evaluations, on which the decision was based, of the health and environmental risks and the value of the pest control product; and

• (d) the evidence to support the objection, including scientific reports or test data.

Establishing Review Panels

3 The Minister shall take the following factors into account in determining whether it is necessary to establish a review panel:

• (a) whether the information in the notice of objection raises scientifically founded doubt as to the validity of the evaluations, on which the decision was based, of the health and environmental risks and the value of the pest control product; and

• (b) whether the advice of expert scientists would assist in addressing the subject matter of the objection.

Review Panel Composition

4 If the Minister determines that it is necessary to establish a review panel of one or more persons, each person selected by the Minister shall

• (a) possess scientific knowledge that allows them to evaluate the subject matter of the objection;

• (b) not have been employed in any department, in any division or branch of the federal public administration, in any corporation or in any parent Crown corporation as set out, respectively, in Schedules I, I.1, II and III to the Financial Administration Act, within one year before the day on which they are appointed to the review panel;

• (c) have provided the Minister with a written statement indicating that they are free from any actual or potential conflict of interest that relates to the decision under review; and

• (d) have undertaken in writing to disclose to the Minister in writing, without delay, any actual or potential conflict of interest that may arise and affect their duties as a member of the review panel.

• 5 (1) If the review panel is made up of one member, that member is the chairperson and if it is made up of more than one member, the chairperson is the member designated by the Minister.

• (2) The chairperson shall preside at review panel hearings and shall direct and manage the activities of the review panel within the terms of reference and in accordance with any procedure determined under subsection 35(6) of the Act.

6 The Minister shall designate another member of the review panel to act in the place of the chairperson if the chairperson is absent or unable to act.

Removal of Member

7 The Minister shall remove a review panel member at the member’s request or if

• (a) the member does not satisfy the criteria in section 4;

• (b) the member refuses or is unable to carry out their responsibilities within a reasonable time;

• (c) there are reasonable grounds to believe that the removal is necessary to ensure the objectivity of the review panel; or

• (d) the member is employed in a department, in a division or branch of the federal public administration, in a corporation or in a parent Crown corporation as set out, respectively, in Schedules I, I.1, II and III to the Financial Administration Act.

8 If a person is removed from the review panel, the Minister shall select as a replacement another person who satisfies the criteria in section 4 unless the Minister has reasonable grounds to believe that the review may be completed by the remaining members.

Expenses

9 Each member of a review panel shall, in accordance with any applicable Treasury Board directives, be paid reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

Security Measures

• 10 (1) As a security measure under subsection 44(6) of the Act, only participants in a review panel hearing are permitted to be present while information referred to in that subsection to which the public may not have access under subsection 42(4) of the Act and may not inspect under section 43 of the Act is being considered at the hearing.

• (2) A participant in a hearing shall submit to the review panel 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 that the person undertakes

  • (a) not to disclose the information referred to in subsection (1) to any other person; and

  • (b) not to use it for any purpose other than for participation in the hearing.

Coming into Force

11 These Regulations come into force on the day on which they are registered.