An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)

29 Subsections 16(1) to (3) of the Act are replaced by the following:

1999, c. 33Canadian Environmental Protection Act, 1999

30 Section 117 of the English version of the Canadian Environmental Protection Act, 1999 is replaced by the following:

31 Section 118 of the Act is amended by adding the following after subsection (1):

2002, c. 28Pest Control Products Act

• 32 (1) The first paragraph of the preamble to the Pest Control Products Act is replaced by the following:

  WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of individuals in Canada and to the environment;

• (2) The fifth and sixth paragraphs of the preamble to the Act are replaced by the following:

  WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect individuals and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication;

  WHEREAS it is in the national interest that the primary objective of the federal regulatory system be to prevent unacceptable risks to individuals and the environment from the use of pest control products,

• (3) The ninth paragraph of the preamble to the Act is replaced by the following:

  in assessing risks to individuals, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors,

• (4) The fourteenth paragraph of the preamble to the English version of the Act is replaced by the following:

  the provinces and territories and those persons whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to parti­cipate in the regulatory system in ways that are consistent with the attainment of its objectives, and

• 33 (1) The definitions analyst, inspector, label, manufacture, package, violation and workplace in subsection 2(1) of the Act are replaced by the following:

  analyst

  analyst means an individual who is appointed or designated as an analyst under section 45. (analyste)

  inspector

  inspector means an individual who is appointed or designated as an inspector under section 45. (inspecteur)

  label

  label includes any written, printed or graphic matter

  • (a) that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a pest control product or a package; or

  • (b) that belongs to a pest control product and is transmitted electronically, in accordance with the regulations. (étiquette)

  manufacture

  manufacture includes produce, formulate, package, label and prepare for distribution or use. (fabrication)

  package

  package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. (emballage)

  violation

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

  • (a) any contravention of any provision of this Act or of a regulation made under this Act; and

  • (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation)

  workplace

  workplace means a place where an individual works for remuneration. (lieu de travail)

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  document

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

  person

  person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code. (personne)

34 Subsection 4(1) of the Act is replaced by the following:

• 35 (1) Subsections 6(1) to (4) of the Act are replaced by the following:

  Marginal note:Unregistered pest control products

  • 6 (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), section 48 or 51, any of sections 53 to 59 or the regulations.

  • Marginal note:Conditions of registration

    (2) Except as otherwise authorized under section 53.3 or 54, no person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration.

  • Marginal note:Packaging and labelling

    (3) Except as otherwise authorized under section 53, 53.3 or 54, no person shall store, import, export or distribute a pest control product that is not packaged and labelled in accordance with the regulations and, if it is registered, the conditions of registration.

• (2) Subsections 6(6) and (7) of the Act are replaced by the following:

  • Marginal note:Packaging, labelling and advertisement

    (7) No person shall package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.

• (3) Section 6 of the Act is amended by adding the following after subsection (8):

  • Marginal note:Alteration, destruction or falsification — required documents

    (8.1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

  • Marginal note:Alteration, possession or use — official documents

    (8.2) It is prohibited for a person to

    • (a) alter a document issued or made — or in any manner given — under this Act; or

    • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

  • Marginal note:Possession or use of documents that resemble official documents

    (8.3) It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

• 36 (1) Paragraph 8(1)(a) of the Act is replaced by the following:

  • (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection (2), the conditions relating to its label;

• (2) Subsection 8(3) of the Act is repealed.

• (3) Section 8 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Product safety information

    (4.1) Subject to the regulations and as a condition of registration, the registrant of a pest control product shall,

    • (a) provide, in accordance with the regulations, to workplaces where the pest control product is manufactured, handled, stored or used, product safety information that complies with the prescribed requirements; or

    • (b) make available, in accordance with the regulations, to persons who manufacture, handle, store or use the pest control product, product safety information that complies with the prescribed requirements.

• 37 (1) The portion of subsection 33(7) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Offence and punishment — subsection (2)

    (7) Every person who contravenes subsection (2) is guilty of an offence and liable

• (2) Section 33 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Offence and punishment — false or misleading information

    (8) Every person who knowingly provides false or misleading information in connection with an authorization 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.

38 Subsection 35(3) of the Act is replaced by the following:

39 The Act is amended by adding the following after section 41:

40 Paragraph 44(1)(c) of the Act is replaced by the following:

41 The heading “Enforcement” before section 45 of the Act is replaced by the following:

42 Subsection 45(2) of the Act is replaced by the following:

43 Subsection 46(1) of the Act is replaced by the following:

44 Subsection 47(3) of the Act is replaced by the following:

• 45 (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of inspectors

  • 48 (1) For a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, an inspector may

• (2) Paragraphs 48(1)(c) and (d) of the Act are replaced by the following:

  • (c) order 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) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;

  • (d.1) examine or test, or take samples of, anything that is in the place being inspected;

  • (d.2) examine a document that is in the place being inspected, make copies of it or take extracts from it;

  • (d.3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (d.4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (d.5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;

  • (d.6) take photographs or make recordings or sketches;

  • (d.7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;

  • (d.8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;

  • (d.9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and

• (3) Subsection 48(2) of the Act is replaced by the following:

  • Marginal note:Persons accompanying inspector

    (2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)(a).

  • Marginal note:Offence and punishment

    (4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)(c), (d), (d.3) or (d.7) 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.