Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2017-12-11 and last amended on 2017-11-30. Previous Versions

Exemption from Registration

Marginal note:Exemption — unregistered pest control products
  •  (1) Subject to subsection (2), a pest control product is exempt from the application of subsection 6(1) of the Act if it is

    • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

    • (b) a pest control product

      • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

      • (ii) the active ingredient of which is registered under the Act;

    • (c) a pest control product that is manufactured only for export from Canada and that contains an active ingredient that is registered in Canada;

    • (d) a foreign product that is imported under a foreign product use certificate; or

    • (e) a pest control product that is imported for the purpose of conducting research in accordance with sections 46 to 70.

  • Marginal note:No exemption

    (2) A pest control product is not exempt from the application of subsection 6(1) of the Act if it is an active ingredient that is used in a pest control product of a type described in Schedule 2.

  • Marginal note:Use in manufacture only

    (3) A pest control product that is exempt from registration under paragraph (1)(a) may not be used for any purpose other than the manufacture of a registered pest control product.

  • Marginal note:No manufacture or distribution in Canada

    (4) A pest control product that is exempt from registration under paragraph (1)(d) may not be manufactured or distributed in Canada.

  • SOR/2014-24, s. 3.

Product Classes

Marginal note:Designation

 The following are the classes of pest control products:

  • (a) “DOMESTIC”, if the pest control product is to be distributed primarily to the general public for personal use in or around their homes;

  • (b) “COMMERCIAL”, if the pest control product is to be distributed for use in commercial activities that are specified on the label;

  • (c) “RESTRICTED”, if the pest control product is one for which the Minister, out of concern for its health or environmental risks, has set out additional information to be shown on the label concerning essential conditions respecting the display, distribution or limitations on use of, or qualifications of persons who may use, the product; and

  • (d) “MANUFACTURING”, if the pest control product is to be used only in the manufacture of a pest control product or a product regulated under the Feeds Act or the Fertilizers Act.

Application for Registration

Marginal note:Contents
  •  (1) An application to register or amend the registration of a pest control product must include all of the following information:

    • (a) the applicant’s name, address and signature or, if the application is made by a representative of the applicant, both the representative’s and applicant’s name and address and the representative’s signature;

    • (b) the name and address of the place of manufacture of the pest control product;

    • (c) the product name referred to in paragraph 26(1)(a);

    • (d) the product type referred to in paragraph 26(1)(b);

    • (e) the product’s physical form referred to in paragraph 26(1)(c);

    • (f) the registration number referred to in paragraph 26(1)(i), if there is one;

    • (g) in the case of

      • (i) a chemical pest control product that is an active ingredient, its chemical name, common chemical name and CAS registry number, its percentage of the total weight of the product in which it is contained, the name of each contaminant and other impurity that it contains, and the percentage of total weight of each contaminant and impurity,

      • (ii) a chemical pest control product other than an active ingredient, the chemical name, common chemical name and CAS registry number of each active ingredient in the product, each active ingredient’s percentage of the total weight of the product, and the registration number of each active ingredient or other pest control product used to manufacture the product, and

      • (iii) any other pest control product, any characteristics that are relevant to its health or environmental risks or value;

    • (h) in the case of a pest control product that contains one or more formulants, the name of each formulant, its CAS registry number, if there is one, the name and address of the supplier of each formulant, each formulant’s percentage of the total weight of the product, and the purpose of each formulant in the product;

    • (i) the size, type and specifications of the package in which the pest control product is to be distributed; and

    • (j) the statement described in paragraph 26(1)(h).

  • Marginal note:Electronic copy of label

    (2) The applicant must include an electronic copy of the proposed label with every application to register a pest control product and with any application to amend the registration of a pest control product that would result in a change to the label.

  • Marginal note:Certification

    (3) The applicant must include with every application to register or amend the registration of a pest control product a statement signed by the applicant certifying that the information in the application is accurate and complete.

  • SOR/2014-24, s. 4;
  • SOR/2016-61, s. 1(F);
  • SOR/2017-91, s. 2.

 [Repealed, SOR/2014-24, s. 5]

Marginal note:Additional information required

 In addition to the information required by section 6, the applicant must provide the Minister with any other information that the Minister may require to evaluate the health and environmental risks and the value of the pest control product, including, if relevant to the product and its conditions or proposed conditions of registration, the results of scientific investigations respecting any of the following:

  • (a) the efficacy of the pest control product for its intended purpose;

  • (b) the risks posed by the pest control product and its derivatives to humans or animals that may be exposed to it, including when it is manufactured, handled, stored, transported or distributed or during or after its use or disposal, in accordance with its conditions or proposed conditions of registration;

  • (c) the effect of the pest control product and its derivatives on host organisms in connection with which it is intended to be used;

  • (d) the effect of the pest control product and its derivatives on representative species of organisms not targeted by its intended use;

  • (e) the degree of persistence, retention and movement of the pest control product and its derivatives in the environment, including the degree to which the pest control product and its derivatives may leach or dislodge from things treated with the product;

  • (f) methods of analysis for detecting the components and measuring the characteristics of the pest control product;

  • (g) methods of analysis for detecting and determining the amount of the pest control product and its derivatives in human food, animal feed and the environment when the product is used in accordance with its conditions or proposed conditions of registration;

  • (h) appropriate methods for detoxifying or neutralizing the pest control product in water, air or soil, or on any surface;

  • (i) appropriate methods for disposing of the pest control product and its empty packages;

  • (j) the stability of the pest control product under normal conditions of storage and display;

  • (k) the compatibility of the pest control product with other pest control products with which it is recommended to be, or is likely to be, mixed;

  • (l) the effect of mixing the pest control product or using it simultaneously with other pest control products on its value and the health and environmental risks associated with its use;

  • (m) the chemical and physical properties, or the species or strain and biological properties, of the pest control product, its composition, and specifications and processes for its manufacture, including quality control processes;

  • (n) the fate of the pest control product in humans or animals exposed to it, including the identity and quantity of all the major metabolites and other derivatives that result from its use;

  • (o) the residues of the pest control product and its derivatives that may remain in or on human food or animal feed after its use in accordance with its conditions or proposed conditions of registration;

  • (p) the risks posed to humans or animals exposed to the pest control product or its derivatives through their diet or drinking water when the product is used in accordance with its conditions or proposed conditions of registration;

  • (q) the effect of storing and processing, including post-market processing, human food or animal feed in relation to which the pest control product was used on the dissipation or degradation of the pest control product and any of its derivatives;

  • (r) the proposed maximum residue limits for the pest control product and its derivatives in or on human food; and

  • (s) the fate of the pest control product and its derivatives in subsequent crops of human food or animal feed.

  • SOR/2014-24, s. 6.
 
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