Acts and Regulations

2011, c.203 - Pesticides Control Act

Section 10
Disposition versions

Full text
Licences and certificates
10(1)Subject to subsections (2) and (3), on receipt of a written application in accordance with the regulations and of any prescribed fee, the Director may issue to an applicant a vendor’s licence, a pesticide operator’s licence or a certificate that is prescribed by regulation.
10(2)The Director may impose those terms and conditions that the Director considers appropriate
(a) on an applicant under subsection (1), to be met before the application may be granted, or
(b) on a licence or certificate issued under subsection (1), to be met by the holder or other persons operating under the licence or certificate during or after the period when it is valid.
10(3)The Director may refuse to issue a licence or certificate under subsection (1) in the circumstances the Director considers appropriate, including in the following circumstances:
(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or a provision relating to pesticides in any other Act of the Legislature, an Act of the Parliament of Canada or a regulation or statutory instrument under those Acts;
(b) in the opinion of the Director, on reasonable grounds, the applicant has failed to comply with a term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations; or
(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.
10(4)A person whose application under subsection (1) is refused may appeal to the Minister, who may uphold the refusal or direct the Director to issue the licence or certificate, subject to the terms and conditions that the Minister considers appropriate.
10(5)The holder of a licence or certificate issued under subsection (1) may apply to the Director for renewal of the licence or certificate, and subsections (1) to (4) apply with the necessary modifications to that application.
10(6)The Director may suspend a licence or certificate issued under subsection (1) for the period the Director considers appropriate or may revoke it if
(a) the Director has reasonable grounds to believe that a person operating under the licence or certificate has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or a term or condition imposed on the person or on the licence or certificate, or
(b) the Director is of the opinion that it is in the public interest to suspend or revoke the licence or certificate.
10(7)No licence or certificate shall be suspended or revoked under subsection (6) unless the holder of the licence or certificate has been given an opportunity to be heard by the Director.
10(8)A person whose licence or certificate has been suspended or revoked under subsection (6) may appeal to the Minister, who may uphold the suspension or revocation or direct the Director to reinstate the licence or certificate, subject to the terms and conditions that the Minister considers appropriate.
R.S.1973, c.P-8, s.10; 1982, c.48, s.6; 1994, c.92, s.4; 2002, c.28, s.1
Licences and certificates
10(1)Subject to subsections (2) and (3), on receipt of a written application in accordance with the regulations and of any prescribed fee, the Director may issue to an applicant a vendor’s licence, a pesticide operator’s licence or a certificate that is prescribed by regulation.
10(2)The Director may impose those terms and conditions that the Director considers appropriate
(a) on an applicant under subsection (1), to be met before the application may be granted, or
(b) on a licence or certificate issued under subsection (1), to be met by the holder or other persons operating under the licence or certificate during or after the period when it is valid.
10(3)The Director may refuse to issue a licence or certificate under subsection (1) in the circumstances the Director considers appropriate, including in the following circumstances:
(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or a provision relating to pesticides in any other Act of the Legislature, an Act of the Parliament of Canada or a regulation or statutory instrument under those Acts;
(b) in the opinion of the Director, on reasonable grounds, the applicant has failed to comply with a term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations; or
(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.
10(4)A person whose application under subsection (1) is refused may appeal to the Minister, who may uphold the refusal or direct the Director to issue the licence or certificate, subject to the terms and conditions that the Minister considers appropriate.
10(5)The holder of a licence or certificate issued under subsection (1) may apply to the Director for renewal of the licence or certificate, and subsections (1) to (4) apply with the necessary modifications to that application.
10(6)The Director may suspend a licence or certificate issued under subsection (1) for the period the Director considers appropriate or may revoke it if
(a) the Director has reasonable grounds to believe that a person operating under the licence or certificate has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or a term or condition imposed on the person or on the licence or certificate, or
(b) the Director is of the opinion that it is in the public interest to suspend or revoke the licence or certificate.
10(7)No licence or certificate shall be suspended or revoked under subsection (6) unless the holder of the licence or certificate has been given an opportunity to be heard by the Director.
10(8)A person whose licence or certificate has been suspended or revoked under subsection (6) may appeal to the Minister, who may uphold the suspension or revocation or direct the Director to reinstate the licence or certificate, subject to the terms and conditions that the Minister considers appropriate.
R.S.1973, c.P-8, s.10; 1982, c.48, s.6; 1994, c.92, s.4; 2002, c.28, s.1