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

Regulations are current to 2017-10-13 and last amended on 2015-02-27. Previous Versions

 Except as otherwise authorized by the Director, the methods of chemical analysis used to test a fertilizer or supplement shall be the latest methods published and approved by the Association of Official Analytical Chemists.

  • SOR/93-232, s. 2(F).

Notification and Authorization of the Release of Novel Supplements

  •  (1) Subject to subsection (2), no person shall release a novel supplement unless the person

    • (a) provides notification of the proposed release in writing to the Minister, accompanied by the information set out in section 23.2;

    • (b) provides an undertaking in writing to the Minister to take responsibility for and assume the costs of the safe disposal of the novel supplement and all crops produced on the land or growing medium to which the novel supplement is applied; and

    • (c) receives authorization from the Minister for the release pursuant to section 23.3.

  • (2) Where the accompanying information that is required to be provided to the Minister by paragraph (1)(a) in respect of the proposed release of a novel supplement is the same as information that has already been provided to the Minister before the coming into force of this section and sections 23.2 to 23.4, or that is provided on or after the coming into force of this section and sections 23.2 to 23.4 in relation to another notification or authorization, the information is not required to be provided again.

  • SOR/97-7, s. 4.

Information Requirements

  •  (1) Subject to subsection (2), the accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 23.1(1)(a) is the following:

    • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

    • (b) the purpose and objectives of the proposed release;

    • (c) the proposed starting date, time period and site of the release;

    • (d) the proposed release protocol, including

      • (i) any confinement measures intended to mitigate the establishment and spread, in the environment, of the novel supplement and the interaction of the novel supplement with the environment,

      • (ii) the monitoring plan and procedures to be followed both during and after the release,

      • (iii) the method to be used for the safe disposal of the novel supplement and all crops produced on the land or growing medium to which the novel supplement is applied, and

      • (iv) the contingency plan to be followed to mitigate any adverse effect of an accidental release of the novel supplement on the environment, including any adverse effect on human health;

    • (e) the identification and characterization of the novel supplement, including, in the case of a novel supplement that is derived through biotechnology and has a novel trait

      • (i) the identification and characterization of the novel trait expressed by the novel supplement and, where the novel trait is introduced from another species, details of the host and donor organism and of the methods of incorporation of the novel trait into the novel supplement, where applicable, and

      • (ii) the identification and characterization of the novel supplement resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the incorporation of the novel trait into the novel supplement, and a comparison of the characteristics of the novel supplement with those of the unmodified supplement;

    • (f) all other information and test data in respect of the novel supplement that are relevant to identifying the risk to the environment, including the risk to human health, and that are in the person’s possession or to which the person ought reasonably to have access;

    • (g) other government agencies, either Canadian or foreign, that have been provided with information in respect of the novel supplement, and the purpose for which the information was provided; and

    • (h) a description of the analytical methodologies followed in generating any submitted data, including quality control and quality assurance procedures.

  • (2) The information required by subparagraph (1)(e)(ii) or paragraph (1)(f) or (h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the Minister’s decision under section 23.3, and notifies the person of that determination.

  • SOR/97-7, s. 4.

Decision of the Minister

  •  (1) On receiving the notification provided pursuant to paragraph 23.1(1)(a), the Minister shall, after considering all relevant matters, including the information provided pursuant to that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the proposed release

    • (a) authorize the release where there is minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or

    • (b) refuse to authorize the release where the proposed release poses an unacceptable risk to the environment.

  • (2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall

    • (a) consider such matters as

      • (i) the effects of the proposed release on the environment, and

      • (ii) the magnitude of the exposure to the environment of the novel supplement involved in the proposed release; and

    • (b) assess whether the novel supplement is toxic.

  • SOR/97-7, s. 4.

New Information Requirements

  •  (1) Where, at any time after providing notification pursuant to paragraph 23.1(1)(a) or receiving authorization pursuant to paragraph 23.3(1)(a), a person becomes aware of any new information regarding risk to the environment, including risk to human health, that could result from the release of the novel supplement, the person shall immediately provide the new information to the Minister.

  • (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the release and determines that there is

    • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

      • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

      • (ii) change the conditions respecting the release, or

      • (iii) remove any of the conditions respecting the release;

    • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

      • (i) impose additional conditions respecting the release, or

      • (ii) change the conditions respecting the release; or

    • (c) an unacceptable risk, the Minister shall

      • (i) refuse to authorize the release, or

      • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

  • (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 23.3(2)(a) and make the assessment referred to in paragraph 23.3(2)(b).

  • SOR/97-7, s. 4.

Detention

  •  (1) Any article seized pursuant to section 9 of the Act may be detained by an inspector at any place by attaching a detention tag to the article or to any part of it.

  • (2) Where articles are detained pursuant to subsection (1), an inspector shall deliver or mail to the owner or person in possession of the articles a notice of detention.

  • (3) No person shall alter or remove a detention tag referred to in subsection (1) or sell or move any detained article except with the written authority of an inspector.

  • (4) Where articles are released from detention, an inspector shall deliver or mail to the owner or person in possession of the articles a notice of release.

  • (5) Any article forfeited under section 9 of the Act shall be disposed of in the following manner:

    • (a) in the case of a fertilizer or supplement that is fit for sale, it shall be

      • (i) sold and the proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of a fertilizer or supplement that is not fit for sale, it shall be disposed of in a safe manner; and

    • (c) in the case of an article other than a fertilizer or supplement, it shall be sold and the proceeds deposited to the credit of the Receiver General.

  • SOR/92-585, s. 2;
  • SOR/94-683, s. 3.
 
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