2nd Session, 61st General Assembly
59 Elizabeth II, 2010
The Honourable Sterling Belliveau
Minister of Environment
First Reading: May 4, 2010 (LINK TO BILL AS INTRODUCED)
Second Reading: May 6, 2010
Third Reading: May 11, 2010 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 11, 2010
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Non-essential Pesticides Control Act.
2 In this Act,
(a) "inspector" means any person who is appointed as an inspector by the Minister, and includes any municipal or town police officer and any member of the Royal Canadian Mounted Police;
(b) "Minister" means the Minister of Environment;
(c) "pesticide" means a pesticide as defined in the Environment Act.
3 (1) This Act binds Her Majesty in right of the Province, Her Majesty's corporations, agents, administrators, servants and employees and Government agencies.
(2) This Acts binds Her Majesty in right of Canada and Her Majesty's corporations, boards, commissions, agents, administrators, servants and employees.
(3) For greater certainty, the persons referred to in subsections (1) and (2) are subject to prosecution and other remedies under this Act.
(4) This Act does not apply to a person who uses, sells or supplies a pesticide for
(a) forestry activities;
(b) agricultural activities; or
4 (1) In this Section, "lawn" means a plot of grass that is maintained at a regular and approximately uniform height through periodic and regular mowing, other than as the result of agricultural activities, and includes any associated walkway.
(3) After April 1, 2012, except as prescribed by the regulations, no person shall use or cause or permit the use of a pesticide in, on or over an outdoor tree, shrub, flower or other ornamental plant.
(2) After April 1, 2012, except as prescribed by the regulations, no person shall sell, supply, or offer for sale a pesticide labelled for use on an outdoor tree, shrub, flower or other ornamental plant.
(3) The Minister shall provide public notification at least three months before removing a pesticide from the list of allowable pesticides and shall, at the same time, provide information concerning the reason for the removal.
7 An inspector, in carrying out duties pursuant to this Act, has and may exercise in any part of the Province all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
9 Notwithstanding anything contained in this Act, an inspector may not enter a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except
(iii) a person has prevented the inspector from doing anything set out in Section 8 or denied the inspector access to any thing as a result of which the inspector is unable to do anything set out in Section 8,
(iv) there are reasonable grounds to believe that a person may prevent an inspector from doing anything set out in Section 8, or may deny the inspector access to any thing as a result of which the inspector may be unable to do anything set out in Section 8,
(v) it is unpractical, because of the remoteness of the land or premises to be inspected or because of any other reason, for the inspector to obtain an order under this Section without delay if access is denied, or
(vi) there are reasonable grounds to believe that an attempt by the inspector to do anything set out in Section 8 without the order might defeat the purpose of that Section or cause an adverse effect,
(2) The period of time referred to in subsection (1) may not extend beyond thirty days after the date on which the order is made, but the order may be renewed for any reason set out in subsection (1) for one or more periods each of which is not more than thirty days.
11 An inspector, in carrying out any duties or exercising any powers under this Act, may be accompanied by one or more persons considered by the inspector to be necessary to enable the inspector to carry out those duties and exercise those powers.
(2) A person, partnership, limited partnership or corporation, authorized or entitled to carry on a trade, occupation, profession, service or venture with a view to a profit, that contravenes Section 4 or 5 is liable on summary conviction to a fine of not more than fifteen thousand dollars.
(3) Where a corporation contravenes this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the contravention is also guilty of an offence and liable on summary conviction to the penalties set out in subsection (1), whether or not the corporation has been prosecuted or convicted.
(4) Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed.
15 (1) Where a person is convicted of an offence under this Act, in addition to any other penalty that may be imposed pursuant to this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order
(d) directing the offender to notify any person aggrieved or affected by the conduct of the offender, of the facts relating to the conviction, in the prescribed manner and at the cost of the offender;
(f) on application to the court by the Minister within three years after the date of conviction, directing the offender to submit to the Minister any information with respect to the conduct of the offender that the court considers appropriate in the circumstances;
(i) requiring the offender to comply with any other conditions the court considers appropriate in the circumstances for securing the good conduct of the offender and for preventing the offender from repeating the offence or committing other offences.