Pest Control Products Sales Information Reporting Regulations (SOR/2006-261)

Regulations are current to 2016-05-12 and last amended on 2012-03-30. Previous Versions

Pest Control Products Sales Information Reporting Regulations

SOR/2006-261

PEST CONTROL PRODUCTS ACT

Registration 2006-10-26

Pest Control Products Sales Information Reporting Regulations

P.C. 2006-1137 2006-10-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 67(1) of the Pest Control Products ActFootnote a, hereby makes the annexed Pest Control Products Sales Information Reporting Regulations.

Interpretation

Meaning of Act

 In these Regulations, Act means the Pest Control Products Act.

Marginal note:Quantity sold

 For the purpose of interpreting these Regulations, a quantity of a pest control product sold by the registrant includes any quantity that the registrant provides to a distributor for sale on the registrant’s behalf.

Report on Sales

Marginal note:Contents

 The registrant of a pest control product must submit the report referred to in subsection 8(5) of the Act annually and include in it all of the following information:

  • (a) the registrant’s name, postal address and telephone number;

  • (b) if a person other than the registrant makes the report on the registrant’s behalf, that person’s name, postal address and telephone number;

  • (c) the date of the report;

  • (d) the calendar year covered by the report;

  • (e) the name and registration number of the pest control product; and

  • (f) the quantity of pest control product sold, expressed in the unit of measurement identified in the declaration of net quantity on the product label in accordance with the Pest Control Products Regulations.

  • SOR/2007-235, s. 1(F).
Marginal note:Calculation of quantity of pest control products for manufacture

 For the purpose of paragraph 3(f), in the case of a pest control product that is registered only for use in the manufacture of a pest control product or product regulated under the Feeds Act or the Fertilizers Act, the report must include the following quantities:

  • (a) the total of the quantities sold directly by the registrant to manufacturers of products regulated under the Feeds Act or the Fertilizers Act; and

  • (b) for each province, the total quantity of that pest control product that is contained in products regulated under the Feeds Act or the Fertilizers Act that are made available for sale by vendors to users.

Marginal note:Calculation of quantity of other pest control products

 For the purpose of paragraph 3(f), in the case of a pest control product other than one described in section 4, the report must include all of the following quantities:

  • (a) for each province, the sum of all of the following quantities:

    • (i) the quantity sold by the registrant directly to users, minus any returns from the users,

    • (ii) the quantity sold by the registrant directly to vendors, minus any returns from the vendors, and

    • (iii) the quantity sold by the registrant directly to distributors that sell to vendors and users in only that province, minus any returns from the distributors;

  • (b) for each province, the quantity sold by the registrant directly to regional and national distributors, minus any returns from the distributors;

  • (c) for each province, the quantity made available for sale to users by the regional and national distributors;

  • (d) the total of the quantities sold directly by the registrant to manufacturers of treated seeds and of products regulated under the Feeds Act or the Fertilizers Act; and

  • (e) for each province, in respect of products regulated under the Feeds Act or the Fertilizers Act, or in respect of treated seeds, that were made available for sale by vendors to users, the total quantity of that pest control product that is contained in those products or that is used to treat those seeds.

Marginal note:Certification

 The person who makes a report described in section 3 or 8 must attach to it a signed statement certifying that the information in the report is true and complete to the best of their knowledge and belief and is provided in good faith.

Marginal note:Filing

 A report described in section 3 is for a period of one calendar year and must be submitted on or before June 1 of the year following the calendar year covered by the report, beginning with the first full calendar year after these Regulations come into force.

Interim Reporting

Marginal note:Report on Minister’s request

 The registrant of a pest control product must provide the Minister with available sales information on the product within 15 days after the Minister requests it for the purpose of responding to a situation that endangers human health or safety or the environment or of making a decision under the Act.

  • SOR/2007-235, s. 2(F);
  • SOR/2009-101, s. 1(F).

Use of Estimates

Marginal note:Estimates

 A registrant may provide an estimate of the quantities referred to in paragraphs 4(b) and 5(c) and (e) if they

  • (a) are unable to obtain information on those quantities;

  • (b) indicate that the quantities reported are an estimate;

  • (c) describe the methodology used to derive the estimate; and

  • (d) explain the appropriateness of the methodology used.

Records

Marginal note:Keep records and submit on request

 Registrants must keep all original records and supporting data that relate to the sales information included in a report under section 3 or 8, for six years after the day on which the report is submitted to the Minister, and must provide the records and data to the Minister on request for verification and auditing purposes.

Marginal note:Audited sales information
  •  (1) If the Minister believes on reasonable grounds, on the basis of any information available to the Minister, that the sales information submitted in respect of a pest control product is not accurate or complete, the Minister must require the registrant to submit the sales information for that product in a report prepared by an independent auditor qualified under the laws of a province, and the registrant must comply with the Minister’s request within 60 days after the day on which the request is made.

  • Marginal note:Exception — interim reports

    (2) Subsection (1) does not apply to a report requested by the Minister under section 8.

  • SOR/2012-72, s. 1.

Coming into Force

Marginal note:Coming into force

 These Regulations come into force on the day on which they are registered.

 
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