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Bill C-53

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Public Consultation

Minister to consult

28. (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision

    (a) to grant or deny an application

      (i) to register a pest control product that is or contains an unregistered active ingredient, or

      (ii) to register, or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks;

    (b) about the registration of a pest control product on completion of a re-evaluation or special review; or

    (c) about any other matter if the Minister considers it in the public interest to do so.

Public notice

(2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement.

Consultation statement

(3) The consultation statement shall include

    (a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister;

    (b) the proposed decision and the reasons for it; and

    (c) any other information that the Minister considers necessary in the public interest.

Consideration of comments

(4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision.

Decision statement

(5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision.

Confidential test data

(6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest.

Offences

Failure to report information

29. (1) Every person who does not comply with section 13 is guilty of an offence.

Non-complian ce with requirement

(2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.

False or misleading information

30. (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

    (a) about the health or environmental risks or the value of a pest control product; or

    (b) in response to a notice delivered under this Act.

False or misleading tests

(2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Non-complian ce with conditions of registration

31. (1) A registrant who does not comply with the conditions of registration is guilty of an offence.

Non-complian ce with other conditions and requirements

(2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.

Punishment

32. Every person who commits an offence under any of sections 29 to 31 is 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.

EXPORT CONTROLS

Export control list

33. (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria.

Prohibition

(2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act.

Application

(3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister.

Authorization

(4) The Minister may authorize an applicant to export a pest control product to a specified country if

    (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and

    (b) the proposed export is not prohibited under any other Act of Parliament.

Conditions

(5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

Public notice

(6) The Minister shall give public notice of the authorization.

Offence and punishment

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

Amendment, suspension or cancellation

34. (1) The Minister may amend, suspend or cancel an authorization to export a pest control product if the Minister

    (a) has reasonable grounds to believe that a prescribed requirement of the authorization is not or will not be met;

    (b) has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met; or

    (c) becomes aware of additional information about the health or environmental risks of the pest control product.

Representatio ns

(2) Before amending or cancelling an authorization or after suspending one, the Minister shall give the authorized person a reasonable opportunity to make representations.

Decision

(3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

Public notice

(4) The Minister shall give public notice of the amendment or cancellation of an authorization.

RECONSIDERATION OF DECISIONS

Notice of objection to registration decisions

35. (1) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision referred to in paragraph 28(1)(a) or (b) within 60 days after the decision statement referred to in subsection 28(5) is made public.

Notice of objection to authorization decisions

(2) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision to authorize the export of a pest control product or to amend or cancel an authorization within 60 days after a notice referred to in subsection 33(6) or 34(4) is made public.

Establishment of review panel

(3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more persons to review the decision and to recommend whether the decision should be confirmed, reversed or varied.

Notice of review panel

(4) The Minister shall give public notice of the establishment of a review panel.

Reasons to be provided if panel not established

(5) If the Minister does not establish a panel, the Minister shall provide written reasons without delay to the person who filed the notice of objection.

Terms of reference and procedure

(6) The Minister may determine the terms of reference of a review panel and the procedure for the review, and may at any time change them.

Representatio ns

(7) A review panel shall give any person a reasonable opportunity to make representations in respect of the decision under review, in accordance with the terms of reference.

Public access

(8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public.

Information to be placed in Register

(9) A review panel shall give the information submitted to it to the Minister, who shall place it in the Register.

No automatic suspension of decisions

36. The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved.

Withdrawal of notice of objection

37. The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them.

Report

38. (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them.

Register

(2) The Minister shall place the review panel's report in the Register.

Confirmation, reversal or variation of decision

39. (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable.

Public notice of decision

(2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest.

False or misleading tests or information

40. (1) Every person is guilty of an offence if they

    (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or

    (b) falsely claim to have conducted a test relating to the health or environmental risks or value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Punishment

(2) Every person who commits an offence under subsection (1) is 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.

AUTHORIZATION TO USE UNREGISTERED PRODUCT

Authorization

41. (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose.

Conditions

(2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks.

Suspension

(3) The Minister may suspend an authorization if the Minister has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met or that the continuance of the authorization poses unacceptable health or environmental risks.

Representatio ns

(4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations.

Decision

(5) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization.

Offence and punishment

(6) Every person who fails to comply with the conditions of an authorization issued under 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.