Fertilizers Regulations (C.R.C., c. 666)

Regulations are current to 2016-08-15 and last amended on 2015-02-27. Previous Versions

Certificate of Appointment or Designation of Inspector

 [Repealed, SOR/2000-184, s. 56]

Exemptions Generally

[SOR/79-365, s. 2]
  •  (1) The following fertilizers and supplements are exempt from the Act and these Regulations:

    • (a) [Repealed, SOR/79-365, s. 2]

    • (b) animal and vegetable manures that are sold in their natural condition and comply with section 11;

    • (c) fertilizers and supplements that are intended for export and labelled accordingly;

    • (d) fertilizer materials such as rock phosphate that are sold for manufacturing purposes only and require further treatment before sale to the user thereof;

    • (e) supplements that are sold for manufacturing purposes, other than inoculants used for seed treatment; and

    • (f) fertilizers, other than fertilizer-pesticides, imported for direct application to the soil by the importer and not for sale in Canada.

    • (g) [Repealed, SOR/97-7, s. 3]

  • (2) Supplements that are imported into or manufactured in Canada for experimental purposes are exempt from the Act and all provisions of these Regulations except sections 23.1 to 23.4.

  • SOR/79-365, s. 2;
  • SOR/85-558, s. 2;
  • SOR/88-353, s. 2;
  • SOR/93-232, s. 2(F);
  • SOR/97-7, s. 3.

Exemptions from Registration

  •  (1) A customer-formula fertilizer containing a pesticide registered under the Pest Control Products Act for the purpose stated on the label is exempt from registration.

  • (2) [Repealed, SOR/85-558, s. 3]

  • (3) The following fertilizers and supplements are exempt from registration:

    • (a) fertilizers and supplements set out in Schedule II;

    • (b) farm fertilizers, if

      • (i) they are mixed fertilizers,

      • (ii) the nutrients contained in them are in a mineral form and are obtained by extraction or by physical or chemical processes, and

      • (iii) they do not contain a pesticide;

    • (c) supplements sold only for correction of soil acidity or alkalinity;

    • (d) supplements that consist of seeds that are treated with a fertilizer or a supplement that

      • (i) is exempt from registration, or

      • (ii) is registered, and whose label indicates that it is for use in treating seeds;

    • (e) peat, peat moss, sphagnum moss, tree bark and other fibrous organic matter that is represented for use only in improving the physical conditions of the soil;

    • (f) customer-formula fertilizers;

    • (g) specialty fertilizers, other than those referred to in paragraph (b) of the definition specialty fertilizers, that do not contain pesticides; and

    • (h) potting soils that contain a fertilizer or a supplement that

      • (i) is exempt from registration, or

      • (ii) is registered, and whose label indicates that it is for use in potting soils.

  • (4) [Repealed, SOR/85-558, s. 3]

  • SOR/79-365, s. 3;
  • SOR/85-558, s. 3;
  • SOR/88-353, s. 3;
  • SOR/92-585, s. 2;
  • SOR/93-232, s. 2;
  • SOR/2003-6, s. 73;
  • SOR/2013-79, s. 1.

Registration

 [Repealed, SOR/79-365, s. 4]

  •  (1) In this section, application means an application for registration of a fertilizer or supplement and applicant means a person who makes an application.

  • (2) Every application shall be made to the President of the Agency in the form set out in Schedule III.

  • (3) Every application shall be accompanied by three copies of the label that is intended to be used for the fertilizer or supplement to which the application relates and such other information as is necessary to determine the safety, merit and value of such fertilizer or supplement.

  • (4) [Repealed, SOR/96-424, s. 1]

  • (5) Every application in respect of a fertilizer or supplement shall contain a guaranteed analysis of the fertilizer or supplement as prescribed in section 15.

  • (5.1) and (5.2) [Repealed, SOR/2004-80, s. 11]

  • (6) Where an application is made by an applicant who is not resident in Canada, the fertilizer or supplement to which the application relates is not eligible for registration unless the application is also signed by an agent of the applicant who is permanently resident in Canada and to whom any notice or correspondence under the Act may be sent and such agent gives an undertaking to the President of the Agency on the form set out in Schedule IV.

  • (6.1) An application for the registration of a fertilizer or supplement shall be refused if there are reasonable grounds to believe that the fertilizer or supplement does not conform to the requirements of the Health of Animals Act, or any regulations made under that Act, respecting products of a rendering plant, animal by-products, animal food, animal products or manure.

  • (7) Where an application for registration of a fertilizer or supplement is evaluated and the fertilizer or supplement is found to comply with the requirements of the Act and these Regulations, a registration number shall be assigned to that fertilizer or supplement and a certificate of registration shall be issued to the applicant.

  • (8) [Repealed, SOR/85-558, s. 4]

  • (9) Every certificate of registration expires 36 months after the day on which a registration number is assigned to the fertilizer or supplement.

  • SOR/79-365, s. 5;
  • SOR/85-558, s. 4;
  • SOR/85-688, s. 1;
  • SOR/92-721, s. 1;
  • SOR/96-424, s. 1;
  • SOR/2000-184, s. 57;
  • SOR/2004-80, s. 11;
  • SOR/2006-147, s. 7;
  • SOR/2009-91, s. 1.

 A fertilizer or supplement that is not required to be registered shall not be registered.

  • SOR/94-683, s. 3.

 No change in the label, chemical composition or ingredients of a fertilizer or supplement that is registered shall be made unless the registration is changed accordingly.

  • SOR/79-365, s. 6.
  •  (1) Subject to this section, the President of the Agency may cancel the certificate of registration in respect of any fertilizer or supplement if he believes on reasonable grounds that with respect to that fertilizer or supplement there has been a violation of the Act or these Regulations, or of the Pest Control Products Act or any regulations made thereunder.

  • (2) Where the President of the Agency intends to cancel a certificate of registration, he shall forward to the registrant by registered mail a notice stating that the certificate will be cancelled unless, within thirty days after the date of mailing such notice, the registrant notifies the President of the Agency that he wishes to have an opportunity to be heard respecting the proposed cancellation.

  • (3) Where a registrant who has received a notice referred to in subsection (2) notifies the President of the Agency that he wishes to have an opportunity to be heard, the President of the Agency shall notify the registrant by registered mail of the time and place of a hearing to determine whether the registrant’s certificate of registration shall be cancelled, which hearing shall be held within thirty days after the date on which the President of the Agency receives notice that the registrant wishes to have an opportunity to be heard.

  • (4) Where a registrant who has received a notice referred to in subsection (2) fails to notify the President of the Agency that he wishes to have an opportunity to be heard or fails to satisfy the President of the Agency that his certificate of registration should not be cancelled, the President of the Agency may cancel that certificate or registration.

  • SOR/79-365, s. 7;
  • SOR/85-558, s. 5;
  • SOR/93-232, s. 2(E);
  • SOR/2000-184, s. 57.

 A fertilizer-pesticide registered pursuant to the Act that contains a pesticide acceptable for registration pursuant to the Control Products Act shall be deemed to be registered pursuant to the Pest Control Products Act.

Standards

 [Repealed, SOR/2013-79, s. 2]

 
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