Acts and Regulations

2011, c.203 - Pesticides Control Act

Full text
Offences and penalties
28(1)A person who violates or fails to comply with a provision of the regulations commits an offence.
28(2)A person commits an offence who violates or fails to comply with
(a) an order of the Minister made under section 22, after being served with a copy of the order or having knowledge of the order, or
(b) an order of an inspector made under section 25, after being served with a copy of the order or having knowledge of the order.
28(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
28(4)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
28(5)When an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
28(6)In a prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent the commission of the offence.
28(7)In a prosecution for a violation of an order of the Minister made under section 22, a document purporting to be an order of the Minister made under that section is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed the order and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.
28(8)In a prosecution for a violation of an order of an inspector made under section 25, a document purporting to be an order of an inspector made under that section is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed the order and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.
28(9)In a prosecution for an offence under this Act or the regulations, a certificate purporting to be signed by the Director stating that a person of the same name as the accused held or did not hold a licence, certificate or permit issued under this Act or the regulations on a date specified in the certificate is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed it and is, in the absence of evidence to the contrary, proof that the accused held or did not hold, as the case may be, a licence, certificate or permit issued under this Act or the regulations on the date specified.
R.S.1973, c.P-8, s.30; 1979, c.54, s.9; 1982, c.48, s.18; 1987, c.4, s.11; 1990, c.61, s.106; 1994, c.92, s.16
Offences and penalties
28(1)A person who violates or fails to comply with a provision of the regulations commits an offence.
28(2)A person commits an offence who violates or fails to comply with
(a) an order of the Minister made under section 22, after being served with a copy of the order or having knowledge of the order, or
(b) an order of an inspector made under section 25, after being served with a copy of the order or having knowledge of the order.
28(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
28(4)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
28(5)When an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
28(6)In a prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent the commission of the offence.
28(7)In a prosecution for a violation of an order of the Minister made under section 22, a document purporting to be an order of the Minister made under that section is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed the order and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.
28(8)In a prosecution for a violation of an order of an inspector made under section 25, a document purporting to be an order of an inspector made under that section is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed the order and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.
28(9)In a prosecution for an offence under this Act or the regulations, a certificate purporting to be signed by the Director stating that a person of the same name as the accused held or did not hold a licence, certificate or permit issued under this Act or the regulations on a date specified in the certificate is admissible in evidence without proof of the appointment, authority or signature of the person purporting to have signed it and is, in the absence of evidence to the contrary, proof that the accused held or did not hold, as the case may be, a licence, certificate or permit issued under this Act or the regulations on the date specified.
R.S.1973, c.P-8, s.30; 1979, c.54, s.9; 1982, c.48, s.18; 1987, c.4, s.11; 1990, c.61, s.106; 1994, c.92, s.16