ARCHIVED — Vol. 146, No. 8 — April 11, 2012

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Registration

SOR/2012-49 March 21, 2012

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 (Miscellaneous Program)

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

Ottawa, March 2, 2012

LEONA AGLUKKAQ
Minister of Health

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

AMENDMENT

1. Item 17 of Part 1 of Schedule 1 to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (see footnote 1) is repealed.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue 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.

Under the authority of the Agriculture and Agri-Food Administrative Monetary Penalties Act, provisions of the Pest Control Products Act (PCPA) and its regulations may be designated under the PCP AMPs Regulations. Contravention of these designated provisions may result in the issuance of a notice of violation which may include a monetary penalty 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 and/or a Review Tribunal.

The proposed amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations will repeal one item in Schedule 1, Part 1 in response to concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Description and rationale

The SJCSR commented that authorities required for issuing administrative penalties on Item 17 of Schedule 1, Part 1, are unclear. Health Canada agreed, and this proposal will repeal this item until authorities are clarified.

The amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (PCP AMPs Regulations) make non-substantive corrections and clarifications to the PCP AMPs Regulations which are in response to concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Benefits and costs

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals, industry or government. Therefore, no additional costs to government or industry are expected as a result of these amendments.

Consultation

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals or industry and will have little impact on Canadians. Therefore, no consultations were conducted.

Implementation, enforcement and service standards

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals or industry. Therefore, no changes to how the Regulations are implemented or enforced are expected.

Contact

David Riendeau
Policy, Communications and Regulatory Affairs Directorate
Pest Management Regulatory Agency
Health Canada
2720 Riverside Drive
Address Locator: 6607D1
Ottawa, Ontario
K1A 0K9
Telephone: 613-736-3966
Fax: 613-736-3659
Email: pmra.regulatory.affairs-affaires.reglementaires.arla@hc-sc.gc.ca

Footnote a
S.C. 1995, c. 40

Footnote 1
SOR/2001-132