Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2014-09-15 and last amended on 2014-08-26. Previous Versions

Marginal note:When no negotiated settlement — notice of arbitration
  •  (1) If the parties fail to conclude a negotiated settlement in accordance with section 17.9, the applicant may, by notice in writing delivered to the registrant, submit the determination of the compensation payable to binding arbitration in accordance with the agreement.

  • Marginal note:Parties’ offers in writing

    (2) The notice must include the last offers of the parties, if they were presented in writing at the end of the negotiation.

  • Marginal note:Method of delivery

    (3) The notice must be delivered by certified or registered mail or any other method of delivery that provides proof of delivery.

  • Marginal note:Arbitral award

    (4) An arbitral award must be made within 120 days after delivery of the notice, unless the parties agree to an extension.

  • SOR/2010-119, s. 2.
Marginal note:When no offer in writing

 If the registrant does not put their last offer in writing at the end of the negotiation, the applicant may make the request referred to in subsection 17.93(1) without having to meet the conditions set out in section 17.93.

  • SOR/2010-119, s. 2.
Marginal note:Conditions on early registration
  •  (1) If a negotiation ends without a negotiated settlement, the applicant may, once a notice referred to in section 17.91 has been delivered, use or rely on the compensable data and request that the Minister register their product in the absence of a letter of access, if the following conditions are met:

    • (a) the applicant enters into an escrow agreement with a third party;

    • (b) the third party is a person who is entitled under the laws of a province to receive and hold money on behalf of another person;

    • (c) pursuant to the escrow agreement, the applicant deposits with the third party an amount of money equal to the registrant’s last offer referred to in subsection 17.91(2); and

    • (d) the escrow agreement contains all of the following terms:

      • (i) the third party holds the money until it is payable in accordance with the escrow agreement,

      • (ii) on receipt of a copy of the registration certificate, the third party pays the registrant an amount equal to the applicant’s last offer referred to in subsection 17.91(2),

      • (iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the registrant the amount determined in that settlement or award, less the amount paid under subparagraph (ii), and

      • (iv) the third party pays any remaining balance to the applicant.

  • Marginal note:Copy and proof to Minister

    (2) The applicant must send the Minister both a copy of the escrow agreement and proof that the applicant has deposited the money with the third party in accordance with paragraph (1)(c).

  • SOR/2010-119, s. 2.