ARCHIVED — Vol. 148, No. 4 — February 12, 2014

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Registration

SOR/2014-4 January 24, 2014

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations

The Minister of Health, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act (see footnote a), makes the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations.

Ottawa, January 22, 2014

RONA AMBROSE
Minister of Health

REGULATIONS AMENDING THE AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES REGULATIONS RESPECTING THE PEST CONTROL PRODUCTS ACT AND REGULATIONS

AMENDMENTS

1. Items 4 and 5 of Part 2 of Schedule 1 to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (see footnote 1) are repealed.

2. Item 10 of Part 2 of Schedule 1 to the Regulations is repealed.

COMING INTO FORCE

3. These Regulations come into force six months after the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues and objectives

The Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (PCP AMPs Regulations) were promulgated on April 25, 2001. The PCP AMPs Regulations establish which provisions of the Pest Control Products Act (PCPA) and its regulations are enforceable under the PCP AMPs Regulations, the contravention (e.g. pesticide misuses) of which may result in the issuance of monetary penalties ranging from $100 to $6,000. The penalties, similar to court-levied fines, are imposed through an administrative process with no resulting criminal record or imprisonment. The facts of the violations that result in the issuance of an administrative monetary penalty as well as the amount of penalty are subject to review by the Minister or a Review Tribunal.

Since the PCP AMPs Regulations were introduced, a revision to the Pest Control Products Regulations to incorporate the Grower Requested Own Use Import program (GROU) has been made and, as a result, the PCP AMPs Regulations must be updated to be consistent with the new legislative text. These amendments will also address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Description and rationale

As a result of the proposal to amend the Pest Control Products Regulations to incorporate the GROU program into regulation, items 4 and 5 of Part 2, Schedule 1, will be repealed as they are no longer applicable. Item 10 will also be repealed to address an issue raised by the SJCSR.

Repealing these items will not compromise the ability to take enforcement action as compliance for these items can be taken under subsection 6(1) of the Pest Control Products Act or item 1 of Schedule 1, Part 1, of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations.

Benefits and costs

As the amendments are administrative in nature, there is no foreseen impact for registrants or users of pest control products who comply with the PCPA and its regulations.

Consultation

The amendments are a result of amendments made to the Pest Control Products Regulations, which have gone through extensive consultations.

Implementation, enforcement and service standards

The various enforcement options available under the legislation administered and enforced by Health Canada’s Pest Management Regulatory Agency, including administrative monetary penalties (AMPs), are described in an Agency compliance policy document (www.hc-sc.gc.ca/cps-spc/pubs/pest/_pol-guide/dir2007-02/index- eng.php). This document outlines the guiding principles for the fair, consistent and predictable application of the PCPA, the Agriculture and Agri-Food Administrative Monetary Penalties Act and their associated regulations.

Contact

Rob Ward
Policy, Communications and Regulatory Affairs Directorate
Pest Management Regulatory Agency
Health Canada
2720 Riverside Drive
Address Locator: 6607D1
Ottawa, Ontario
K1A 0K9
Telephone: 613-736-3847
Fax: 613-736-3659
Email: pmra.regulatory.affairs-affaires.reglementaires.arla@hc-sc.gc.ca