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Bill C-53

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RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to protect human health and safety and the environment by regulating products used for the control of pests''.

SUMMARY

This enactment replaces the Pest Control Products Act.

The enactment provides a pest control product registration regime that gives the Minister of Health the necessary powers to ensure that pest control products are registered only if their risks and value are determined by the Minister to be acceptable.

The enactment provides further protection of health, safety and the environment by requiring that, after a product is registered, new information about risks and value be reported, by authorizing the special review and re-evaluation of registered pest control products and by giving inspectors power to take measures to prevent risks.

In addition, the enactment provides for public participation in the regulatory process by requiring that the public be consulted before significant registration decisions are made and by providing the public with the right to request and participate in the reconsideration of decisions. It also gives the public access to certain information provided in relation to registered pest control products.

EXPLANATORY NOTES

Agriculture and Agri-Food Administrative Monetary Penalties Act

Clause 82: The definition ``Minister'' in section 2 reads as follows:

``Minister'' means the Minister of Agriculture and Agri-Food;

Feeds Act

Clause 83: The relevant portion of section 5 reads as follows:

5. The Governor in Council may make regulations

    . . .

    (h) providing that feeds registered under this Act and containing a control product as defined in the Pest Control Products Act shall, in prescribed circumstances and subject to prescribed conditions, be deemed to be registered under that Act;

Fertilizers Act

Clause 84: The relevant portion of subsection 5(1) reads as follows:

5. (1) The Governor in Council may make regulations

    . . .

    (h) providing that fertilizers registered under this Act and containing a control product as defined in the Pest Control Products Act shall, in prescribed circumstances and subject to prescribed conditions, be deemed to be registered under that Act;

Hazardous Products Act

Clause 85: The relevant portion of subsection 3(1) reads as follows:

3. (1) This Part does not apply in respect of the advertising, sale or importation of any

    . . .

    (c) control product within the meaning of the Pest Control Products Act; or

Clause 86: The relevant portion of section 12 reads as follows:

12. This Part does not apply in respect of the sale or importation of any

    . . .

    (c) control product within the meaning of the Pest Control Products Act;

Pesticide Residue Compensation Act

Clause 87: The definition ``Minister'' in section 2 reads as follows:

``Minister'' means the Minister of Agriculture and Agri-Food;

Clause 88: The relevant portion of subsection 3(1) reads as follows:

3. (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

    (a) the Minister receives from the Minister of Health written confirmation that an inspection of that product, made under the Food and Drugs Act, has disclosed the presence of pesticide residue in or on that product and that, as a result, the sale of that product would be contrary to that Act or the regulations made thereunder;

    (b) the pesticide used is one registered under the Pest Control Products Act or deemed by any other Act of Parliament to be registered under that Act;