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)
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Assented to 2016-12-12
2002, c. 28Pest Control Products Act (continued)
53 The heading before section 57 of the English version of the Act is replaced by the following:
Compliance Measures
54 (1) The portion of subsection 57(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspector may order measures
57 (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may order the person
(2) Subparagraph 57(1)(b)(ii) of the Act is replaced by the following:
(ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, labelling, distributing or using a registered pest control product in accordance with the conditions of registration.
(3) Subsection 57(2) of the English version of the Act is replaced by the following:
Marginal note:Validity period
(2) An order under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place.
(4) Subsection 57(3) of the Act is replaced by the following:
Marginal note:Notice
(3) An order under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person having possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the order.
(5) Subsection 57(5) of the English version of the Act is replaced by the following:
Marginal note:Prosecutions
(5) An order under subsection (1) may be given whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the order may be confirmed, varied or rescinded by the court that tries the offence.
55 (1) Paragraphs 59(2)(a) and (b) of the Act are replaced by the following:
(a) order an owner or a person having possession, care or control of the pest control product or other thing to dispose of it or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses;
(b) dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses, at the expense of its owner or the person having possession, care or control of the product or thing; or
(2) The portion of subsection 59(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice
(3) An order under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person having possession, care or control of the product or thing and the notice
56 The heading before section 60 of the English version of the Act is replaced by the following:
Review of Inspectors’ Orders
57 Subsection 62(1) of the Act is replaced by the following:
Marginal note:Method of delivery
62 (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by any method that provides proof of delivery or by any prescribed method.
58 Sections 63 and 64 of the Act are replaced by the following:
Marginal note:Recovery of fees
63 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any fee or charge that applies in relation to the administration of the provisions of this Act or the regulations.
Marginal note:Recovery of costs
64 Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including
(a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, movement, seizure, detention, forfeiture, disposition or return of a pest control product or other thing;
(b) any enforcement or risk-control measures taken by the Minister or an inspector under this Act.
Marginal note:Time limit
64.1 Proceedings to recover a debt due to Her Majesty in right of Canada under this Act shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
64.2 (1) Any debt that may be recovered under section 63 or 64 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
59 (1) Paragraph 67(1)(o) of the English version of the Act is replaced by the following:
(o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposition of pest control products;
(2) Paragraphs 67(1)(r) and (s) of the Act are replaced by the following:
(r) respecting the packaging, labelling and advertising of pest control products;
(s) respecting pest control product safety information, including information related to product safety data sheets;
(3) Paragraph 67(1)(x) of the Act is replaced by the following:
(x) respecting the preservation, detention and forfeiture of pest control products and any other things seized by an inspector;
(4) Paragraphs 67(1)(z.3) and (z.4) of the Act are replaced by the following:
(z.21) establishing classes of pest control products and any categories and subcategories of those classes;
(z.3) respecting the implementation, in relation to pest control products, of international agreements that affect those products;
(z.4) exempting persons, activities or pest control products, including products that are imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations, and prescribing the conditions under which they are exempt; and
(5) Section 67 of the Act is amended by adding the following after subsection (2):
Marginal note:Jointly produced documents
(2.1) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.
Marginal note:Internally produced standards
(2.2) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including
(a) specifications, classifications, illustrations, graphs or other information of a technical nature; and
(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
Marginal note:Scope of incorporation
(2.3) Documents may be incorporated by reference as they exist on a particular date or as they are amended from time to time.
60 The Act is amended by adding the following after section 69:
Marginal note:Due diligence
69.1 A person is not to be found guilty of an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — if they establish that they exercised all due diligence to prevent the commission of the offence.
61 The portion of section 71 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence by employee or agent or mandatary
71 In a prosecution for an offence under this Act — other than an offence under section 30 or subsection 33(8), 40(1) or 44(7), an offence under subsection 47(4) as it relates to a contravention of subsection 47(3) or an offence under subsection 68(3) or 70(3) — it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that
Marginal note:Terminology
62 The English version of the Act is amended by replacing “requirement” with “order”, with any necessary grammatical modifications that the circumstances require, in the following provisions:
(a) the portion of subsection 57(4) before paragraph (a);
(b) paragraph 59(3)(a) and the portion of subsection 59(4) before paragraph (a);
(c) subsections 60(1), (5), (8) and (10), the portion of subsection 60(12) before paragraph (a) and subsection 60(13); and
(d) section 61.
2010, c. 21Canada Consumer Product Safety Act
63 Subsection 19(2) of the Canada Consumer Product Safety Act is replaced by the following:
Marginal note:Designation
(2) For the purposes of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
64 Paragraph 26(1)(a) of the Act is replaced by the following:
(a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or
65 The Act is amended by adding the following after section 28:
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
28.1 (1) An inspector who has reasonable grounds to believe that an imported consumer product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.
Marginal note:Factors
(2) In making a decision under subsection (1), the inspector shall consider, among other factors
(a) whether the consumer product is a danger to human health or safety; and
(b) any other prescribed factors.
Marginal note:Duty of inspector
(3) If the inspector decides under subsection (1) not to give the owner, importer or the person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.
Marginal note:Measures that may be taken and notice
(4) However, if the inspector decides under subsection (1) to give the owner, importer or person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner, importer or person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner, importer or person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.
Marginal note:Forfeiture
(5) If a person is notified under subsection (4) that they may consent to the forfeiture of the consumer product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.
66 The Act is amended by adding the following after section 36:
Costs
Marginal note:Recovery
36.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including
(a) the storage, movement or disposal of a thing; or
(b) the recall or measure carried out under section 33.
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.
Marginal note:Certificate of default
36.2 (1) Any debt that may be recovered under subsection 36.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
67 Subsection 37(1) of the Act is amended by striking out “and” after paragraph (o) and by adding the following after that paragraph:
(o.1) respecting the costs in relation to anything required or authorized under the provisions of this Act or the regulations;
(o.2) respecting the implementation, in relation to consumer products, of international agreements that affect those products; and
Transitional Provisions
Marginal note:Section 54 of Pest Control Products Act
68 Section 54 of the Pest Control Products Act, as it read immediately before the day on which section 52 of this Act comes into force, continues to apply to a pest control product seized under the Pest Control Products Act before that day.
Marginal note:Sections 60 and 61 of Pest Control Products Act
69 Sections 60 and 61 of the Pest Control Products Act, as they read immediately before the day on which section 62 of this Act comes into force, continue to apply to a requirement in respect of which a notice has been delivered under subsection 53(2), 57(3) or 59(3) of the Pest Control Products Act, as it read immediately before that day.
1995, c. 40Related Amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Act
70 Subparagraph 4(1)(a)(iii) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act or the Pest Control Products Act;
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