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Pesticide Residue Compensation Act (R.S.C. 1985, c. P-10).

Country/Territory
Canada
Document type
Legislation
Date
1985 (2006)
Source
FAO, FAOLEX
Long title
An Act to provide compensation to farmers whose agricultural products are contaminated by pesticide residue.
Subject
Cultivated plants, Waste & hazardous substances
Keyword
Plant protection Pesticides Residues Subsidy/incentive Liability/compensation Hazardous substances
Geographical area
Americas, Arctic, Asia and the Pacific, East Pacific, North America, North Atlantic
Abstract

The Minister of Agriculture and Agri-Food may pay a farmer compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if: (a) the Minister receives from the Minister of Health written confirmation that an inspection of that product, made under the Food and Drugs Act, has disclosed the presence of pesticide residue in or on that product and that, as a result, the sale of that product would be contrary to that Act or the regulations made thereunder; (b) the pesticide used is one registered under the Pest Control Products Act or deemed by any other Act of Parliament to be registered under that Act; (c) in the opinion of the Minister, the pesticide was used in accordance with recommendations made by the department of agriculture of any province and approved by the Minister, or in accordance with practices recommended, directed or concurred in by the Minister; and (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer or other specified persons. No payment of compensation shall be made to a farmer pursuant to this Act in respect of a loss suffered by him by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister deems necessary: (a) to reduce the loss suffered; and (b) to pursue any legal action that the farmer may have against the manufacturer of the pesticide or any person whose act or omission resulted in or contributed to the presence of the pesticide residue.

Full text
English
Website
www.gc.ca

References - Legislation

Implemented by

Pesticide Residue Compensation Regulations (C.R.C., c. 1254).

Legislation | Canada | 1978

Keyword: Plant protection, Pesticides, Residues, Subsidy/incentive, Hazardous substances, Liability/compensation, Enforcement/compliance

Source: FAO, FAOLEX

Assessor’s Rules of Procedure (SOR/2003-293).

Legislation | Canada | 2003 (2007)

Keyword: Pesticides, Court/tribunal, Dispute settlement, Legal proceedings/administrative proceedings, Liability/compensation, Enforcement/compliance, Hazardous substances

Source: FAO, FAOLEX