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Bill C-8 · 37th Parliament · Jean Chrétien

Pest Control Products Act

An Act to protect human health and safety and the environment by regulating products used for the control of pests

Government bill. Became law.

consumer protectionenvironmental protectiontobacco and vapingagriculturewater

  1. IntroducedOct. 9, 2002
  2. Debated in principleOct. 9, 2002
  3. Studied by a committeeDone
  4. Passed its first chamberOct. 9, 2002
  5. Passed the second chamberDec. 11, 2002
  6. Became lawDec. 12, 2002

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Jean ChrétienPrime Minister

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

Where members stand

Votes and debate for this bill have not been read yet.

How it changed on the way

The texts have not been compared yet.

How precisely it is written

35VaguePrecise

vagueChallenging the law: HardDisputing a charge: Moderate

The Act centres on the Minister deciding whether risks are 'acceptable' using open-ended tests such as 'reasonable certainty that no harm' and evaluations the Minister 'considers necessary'. Broad discretion and subjective phrases appear throughout registration, re-evaluation and enforcement sections.

Open to argument

  • “the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result”
    Uses a subjective standard of 'reasonable certainty' rather than measurable criteria.
  • “conduct any evaluations that the Minister considers necessary”
    Leaves the scope of required studies entirely to ministerial opinion.
  • “if the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable”
    Initiation of special reviews turns on the Minister's belief rather than objective triggers.
  • “unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate”
    Allows the Minister to depart from the statutory tenfold margin on undefined grounds.

Clear-cut

  • “on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both”
    Sets fixed maximum penalties with no discretion.
  • “apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable”
    Prescribes a specific numerical multiplier for certain threshold effects.

Discretion. Almost every substantive decision (registration, conditions, evaluations, re-evaluations, special reviews, residue limits) is left to the Minister's satisfaction, opinion or reasonable belief, with further details to be supplied by regulation.

Challenging the law itself. Broad grants of power and repeated use of 'in the opinion of the Minister' make successful vagueness or overbreadth claims under section 7 of the Charter difficult.

Disputing a charge under it. Defences such as 'reasonably believed' and the absence of bright-line rules allow accused persons to argue about whether the Minister's standards were met.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

Did it work?

partly effective

Audits by the Auditor General and Health Canada found that the PCPA framework supports risk-based regulation and re-evaluations but implementation has been hampered by delays in completing reviews, handling conditional registrations, and timely cancellations, limiting full achievement of health and environmental protection goals. Recent departmental reports and consultations indicate ongoing compliance activities alongside proposals for legislative changes, confirming mixed results rather than full effectiveness.

Who lobbied on it

No lobbying registration naming this bill is loaded.

Stages and dates from LEGISinfo.