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Bill C-53

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Coming into force and duration of order

(2) An order made under section 76 or subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

Publication

(3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.

Debt due to Her Majesty

(4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(h) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Additional fine

78. When an offender has been convicted of an offence under this Act, the court may order the offender to pay, in addition to any fine that may otherwise be imposed under this Act, a fine equal to three times the court's estimation of any monetary benefits that the court is satisfied the offender gained as a result of the commission of the offence.

Publication of information about contravention s

79. (1) The Minister may publish information about any contravention of this Act or the regulations, including a contravention designated as a violation under the Agriculture and Agri-Food Administrative Monetary Penalties Act, for the purpose of encouraging voluntary compliance with this Act and the regulations.

Publication of personal information

(2) The information published under subsection (1) may include personal information as defined in section 3 of the Privacy Act.

REPORT TO PARLIAMENT

Annual report

80. (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year.

Contents

(2) The Minister shall include in the annual report, for the fiscal year covered by the report,

    (a) a status report respecting registrations, including the registration of pest control products that pose lower risks, re-evaluations and special reviews under this Act or the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985; and

    (b) a report on significant scientific developments relating to the evaluation of the health and environmental risks and the value of pest control products and the integration of those developments into decision-making under this Act.

Permanent review of Act

80.1 (1) The administration of this Act shall, every 7 years after the day on which section 1 comes into force, stand referred to such committee of the House of Commons as may be designated or established for that purpose.

Review and report

(2) The committee designated or established for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report thereon, including a statement of any changes to this Act or its administration that the committee would recommend.

TRANSITIONAL PROVISIONS

Applications under repealed Act

81. (1) This Act and the regulations apply to an application for the registration of a pest control product or for an amendment to its registration made under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, before the day on which section 1 comes into force if no decision to grant or deny the application has been made in respect of that application on or before that day. In any case, paragraph 28(1)(a) and subsection 35(1) do not apply to applications made before April 1, 1995.

Pest control products registered under repealed Act

(2) This Act and the regulations apply to all registrations under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, that are in effect on the day on which section 1 comes into force, except that paragraphs 42(2)(c) to (f) apply only to registrations in respect of which the public has been consulted under this Act in accordance with paragraph 28(1)(a) or (b).

CONSEQUENTIAL AMENDMENTS

1995, c. 40

Agriculture and Agri-Food Administrative Monetary Penalties Act

82. The definition ``Minister'' in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

``Minister'' « ministre »

``Minister'' means the Minister of Agriculture and Agri-Food, except that, in relation to a violation involving a contravention of the Pest Control Products Act, it means the Minister of Health;

R.S., c. F-9

Feeds Act

83. Paragraph 5(h) of the Feeds Act is replaced by the following:

    (h) providing that feeds registered under this Act and containing a pest control product as defined in section 2 of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;

R.S., c. F-10

Fertilizers Act

1993, c. 44, s. 155

84. Paragraph 5(1)(h) of the Fertilizers Act is replaced by the following:

    (h) providing that fertilizers registered under this Act and containing a pest control product as defined in section 2 of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;

R.S., c. H-3

Hazardous Products Act

R.S., c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9(2)

85. Paragraph 3(1)(c) of the Hazardous Products Act is replaced by the following:

    (c) pest control product as defined in section 2 of the Pest Control Products Act; or

R.S., c. 24 (3rd Supp.), s. 1

86. Paragraph 12(c) of the Act is replaced by the following:

    (c) pest control product as defined in section 2 of the Pest Control Products Act;

R.S., c. P-10; 2001, c. 4, s. 113(F)

Pesticide Residue Compensation Act

1994, c. 38, par. 25(1)(x)

87. The definition ``Minister'' in section 2 of the Pesticide Residue Compensation Act is replaced by the following:

``Minister''
« ministre »

``Minister'' means the Minister of Health;

1996, c. 8, par. 32(1)(l)

88. Paragraphs 3(1)(a) and (b) of the Act are replaced by the following:

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

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

REPEAL

Repeal of R.S., c. P-9

89. The Pest Control Products Act is repealed.

COMING INTO FORCE

Coming into force

90. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.