Section 11 (3) BEFORE amended by 2019-11-7, effective May 16, 2019 (Royal Assent).

(3) On request of an inspector for purposes of auditing compliance with this Act and the regulations, any person who is subject to a requirement under this Act, without charge or unreasonable delay, must send to the inspector a copy of a pest management plan or any other record required to be kept under this Act.

  Section 11 (4) and (5) were added by 2019-11-7, effective May 16, 2019 (Royal Assent).

  Section 13 (2) BEFORE amended by 2015-41-6, effective November 17, 2015 (Royal Assent).

(2) A member of the appeal board is not eligible for membership on the committee,

  Section 14 (5) and (9) BEFORE repealed by 2015-10-109, effective December 18, 2015 (BC Reg 240/2015).

(5) An appeal must be commenced by notice of appeal in accordance with the practice, procedure and forms prescribed by regulation under the Environmental Management Act.

(9) An appeal does not act as a stay or suspend the operation of the decision being appealed unless the appeal board orders otherwise.

  Section 14 (6) BEFORE amended by 2015-10-109, effective December 18, 2015 (BC Reg 240/2015).

(6) Subject to this Act, an appeal must be conducted in accordance with Division 1 [Environmental Appeal Board] of Part 8 of the Environmental Management Act and the regulations under that Part.

  Section 16 (2) BEFORE amended by 2006-15-23, effective March 30, 2006 (Royal Assent).

(2)  The administrator may order any person to

(a) stop or refrain from using, handling, releasing, transporting, storing or disposing of, or

(b) use, handle, release, transport, store or dispose of in a particular manner,

a particular pesticide, if the administrator considers that this activity has caused or is likely to cause an unreasonable adverse affect.

  Section 16 (1) (part) BEFORE amended by 2023-10-374, effective March 30, 2023 (Royal Assent).

(1) If the administrator believes on reasonable grounds that any of the following are required because a person's use, handling, release, transport, storage or disposal of a pesticide has caused or is likely to cause an unreasonable adverse effect, the administrator may order the person, at his or her own expense, to

  Section 17 (2) BEFORE amended by 2006-15-24(a) and (b) effective March 30, 2006 (Royal Assent).

(2)  An inspector who enters on land under subsection (1) may do any of the following:

(a) inspect, analyze, sample or test a pesticide or any equipment or container that the inspector believes has been, is being or may be used, to contain, prepare, mix or apply a pesticide;

(b) investigate the manner in which a pesticide has been, is being or may be used, sold, stored, transported or disposed of;

(c) inspect any place at which the inspector believes a pesticide has been, is being or may be used, sold, stored, transported or disposed of;

(d) inspect records that the inspector believes relate to a pest management plan or the use, sale, storage, transportation or disposal of a pesticide;

(e) inspect, analyze, sample or test anything that the inspector believes is contaminated by the use, sale, storage, transportation or disposal of a pesticide;

(f) for the purpose paragraph (e), take away a sample of anything;

(g) carry out other duties required by the minister or administrator.

  Section 17 (2) (h) to (l) added by 2006-15-24(b), effective March 30, 2006 (Royal Assent).

  Section 17 (4) BEFORE amended by 2006-15-24(c), effective March 30, 2006 (Royal Assent).

(4)  A person who is or was a director, receiver, receiver manager, officer, employee, banker, auditor or agent of a person who is the subject of an inspection under this section must, on the request of the inspector and without charge or unreasonable delay, produce for examination and copying by the inspector

(a) any licence, certificate, permit, pest management plan, confirmation or record of pesticide use or sale, and

(b) any other record that touches on any matter relating to the use, handling, transporting, storage, disposal of, purchase or sale of pesticides by the person who is the subject of the inspection.

  Section 18 (2) BEFORE amended by 2021-3-40, effective March 30, 2006 [retro from March 25, 2021 (Royal Assent)].

(2) If satisfied by evidence on oath that access to premises, or a part of premises, used solely as a private residence is necessary for the purposes of this Act, a justice may issue a warrant authorizing a person named in the warrant to enter into the premises and conduct an inspection or take other action as authorized in the warrant.

  Section 19 (2) (a) BEFORE amended by 2006-15-26(a), effective March 30, 2006 (Royal Assent).

(a) require a person operating the vehicle to stop the vehicle, and

  Section 19 (3) BEFORE amended by 2006-15-26(b), effective March 30, 2006 (Royal Assent).

(3)  The operator of a vehicle must immediately stop the vehicle when requested or signalled to do so by an inspector who

(a) is in the uniform of or displays the official badge of a conservation officer as defined in section 1 of the Environmental Management Act, or

(b) is in or near a vehicle that is readily identifiable as a government vehicle.

  Section 19 (4) (a) BEFORE amended by 2006-15-26(c), effective March 30, 2006 (Royal Assent).

(a) request that any compartment of the vehicle or any container in or on the vehicle be opened, and

  Section 20 (1) to (3) BEFORE amended by 2006-15-27(a), effective March 30, 2006 (Royal Assent).

(1)  If in the course of an inspection under section 17 [inspections], 18 [inspection of private residence] or 19 [inspection of vehicles] an inspector considers that a person is contravening this Act or the regulations, including by using, handling, releasing, transporting, storing, disposing of or selling a pesticide in a manner that causes or is likely to cause an unreasonable adverse effect, the inspector may

(a) seize any pesticide, equipment or anything contaminated by a pesticide if the inspector considers the seizure necessary to stop or prevent the contravention or another contravention or the unreasonable adverse effect, and

(b) order the person to do anything the inspector considers necessary to stop or prevent the unreasonable adverse effect.

(2)  Sections 23 to 24.2 of the Offence Act do not apply in relation to anything taken in the course of an inspection authorized under section 17, 18 or 19 of this Act unless subsection (1) of this section applies, in which case, section 23 (4) of the Offence Act applies and for that purpose, an inspector is deemed to be a peace officer.

(3)  Despite section 24 (3) of the Offence Act, anything seized under this Act may be ordered detained by a justice under section 24 (2) (a) of the Offence Act for up to one year before an order authorizing continued detention is required under section 24 (5) of that Act.

  Section 20 (4) BEFORE amended by 2006-15-27(b), effective March 30, 2006 (Royal Assent).

(4)  Despite section 24.2 of the Offence Act,

  Section 20 (8) was added by 2006-15-27(c), effective March 30, 2006 (Royal Assent).

  Section 23 (6) and (8) BEFORE amended by 2019-11-8, effective May 16, 2019 (Royal Assent).

(6) An agreement under subsection (4) must specify the time for performing the terms and conditions, and if the person fails to perform them by the date specified, the penalty specified in the notice under subsection (1) is due and payable on that date.

(8) If the administrator issues an administrative penalty notice to a person in respect of a contravention or failure referred to in subsection (1), a prosecution for an offence under this Act in respect of the same contravention or failure may not be brought against the person.

  Section 26 (1) (b), (c) and (e) BEFORE amended by 2019-11-9, effective May 16, 2019 (Royal Assent).

(b) intentionally obstructs, hinders or resists the exercise by the administrator, the appeal board, an inspector or another person of powers or duties under this Act;

(c) refuses or intentionally fails to comply with an order of the minister, the administrator, the appeal board or an inspector;

(e) intentionally makes a false statement to or misleads or attempts to mislead the administrator, the appeal board, an inspector or another person in the exercise of powers or duties under this Act;

  Section 31 (1) (e) BEFORE amended by 2007-24-22, effective June 21, 2007 (BC Reg 215/2007).

(e) directing the person to pay the Habitat Conservation Trust Fund an amount of money the court considers appropriate;

  Section 35 (3) BEFORE repealed by 2015-10-110, effective December 18, 2015 (BC Reg 240/2015).

(3) A notice of appeal under the Environmental Management Act may be given in accordance with the regulations under that Act.

  Section 35 BEFORE re-enacted by 2023-10-375, effective March 30, 2023 (Royal Assent).

  Section 37 (2) (a) (i) (A) and (B) BEFORE amended by 2019-11-10(a), effective May 16, 2019 (Royal Assent).

(A) prescribing the form of and information to be contained in an administrative penalty notice,

(B) prescribing contraventions of this Act or the regulations in relation to which an administrative penalty notice may be sent and a determination made, and

  Section 37 (2) (a) (i) (C) BEFORE amended by 2019-11-10(b), effective May 16, 2019 (Royal Assent).

(C) establishing procedures for providing a person on whom a notice of an administrative penalty has been served with an opportunity to make representations, which need not entail an oral hearing,

  Section 37 (2) (a) (v) BEFORE amended by 2019-11-10(b), effective May 16, 2019 (Royal Assent).

(v) prescribing, in relation to a contravention or failure described in section 23 (1), whether a notice of an administrative penalty must be cancelled if the person on whom it was served demonstrates to the satisfaction of the administrator that the person exercised due diligence to prevent the specified contravention or failure,

  Section 37 (2) (a) (x) BEFORE amended by 2019-11-10(c), effective May 16, 2019 (Royal Assent).

(x) providing for the publication of an officer's determination to impose an administrative penalty, and

  Section 38 (2) (m) BEFORE amended by 2019-11-11, effective May 16, 2019 (Royal Assent).

(m) prescribing requirements for records to be maintained by a person or class of persons who use, store, transport, sell or dispose of a pesticide;

  Section 39 (h) (i) BEFORE amended by 2019-11-12, effective May 16, 2019 (Royal Assent).

(i) prescribing the manner in which and period for which records respecting pesticide sales must be maintained, and

  Section 39 (j) (iii) BEFORE amended by 2019-11-12, effective May 16, 2019 (Royal Assent).

(iii) prescribing the period for which records and reports referred to in subparagraph (ii) must be maintained and made available for inspection to persons specified in the regulations;