Regulations Prescribing the Fees to be Paid for a Pest Control Product Application Examination Service Provided by or on behalf of Her Majesty in Right of Canada, for a Right or Privilege to Manufacture or Sell a Pest Control Product in Canada and for Establishing a Maximum Residue Limit in Relation to a Pest Control Product (SOR/97-173)

Regulations are current to 2013-05-20

Regulations Prescribing the Fees to be Paid for a Pest Control Product Application Examination Service Provided by or on behalf of Her Majesty in Right of Canada, for a Right or Privilege to Manufacture or Sell a Pest Control Product in Canada and for Establishing a Maximum Residue Limit in Relation to a Pest Control Product

SOR/97-173

PEST CONTROL PRODUCTS ACT

FINANCIAL ADMINISTRATION ACT

Registration 1997-04-08

Regulations Prescribing the Fees to be Paid for a Pest Control Product Application Examination Service Provided by or on behalf of Her Majesty in Right of Canada, for a Right or Privilege to Manufacture or Sell a Pest Control Product in Canada and for Establishing a Maximum Residue Limit in Relation to a Pest Control Product

P.C. 1997-467 1997-04-08

His Excellency the Governor General in Council, on the recommendation of the Minister of Health and the Treasury Board, pursuant to paragraph 6(1)(d) of the Pest Control Products Act, and paragraph 19(1)(a)Footnote a and section 19.1Footnote a of the Financial Administration Act, hereby makes the annexed Regulations Prescribing the Fees to be Paid for a Pest Control Product Application Examination Service Provided by or on behalf of Her Majesty in Right of Canada, for a Right or Privilege to Manufacture or Sell a Pest Control Product in Canada and for Establishing a Maximum Residue Limit in relation to a Pest Control Product.

INTERPRETATION

  • 1. (1) The definitions in this subsection apply in these Regulations.

    “evaluation”

    “evaluation” means an evaluation by the Minister of the information relevant to the safety, merit or value of a pest control product that begins after the issuance of a notice by the Minister stating that the application in respect of the pest control product has been accepted for evaluation. (évaluation)

    “examination”

    “examination” means the services provided in relation to an application in respect of a pest control product. (examen)

    “Minister”

    “Minister” means the Minister of Health. (ministre)

    “user-requested minor use label expansion”

    “user-requested minor use label expansion” means an application made by a user of a pest control product, or a user group, to amend the certificate of registration of the pest control product by adding a new use of that product. (demande d’usage limité par l’utilisateur)

  • (2) All other words and expressions used in these Regulations have the meanings assigned to them by the Pest Control Products Act or the Pest Control Products Regulations.

PART I

FEES TO BE PAID FOR AN EXAMINATION OF AN APPLICATION IN RESPECT OF A PEST CONTROL PRODUCT

Application

  • 2. (1) This Part does not apply in respect of an application referred to in section 3 or 4 that was received by the Minister

    • (a) before April 1, 1995; or

    • (b) during the period beginning on April 1, 1995 and ending on April 15, 1997, where, as of April 15, 1997,

      • (i) in the case of an application referred to in section 3, all its components are under evaluation, or

      • (ii) in the case of an application referred to in section 4, the application is under evaluation.

  • (2) This Part does not apply in respect of

    • (a) a user-requested minor use label expansion that meets the criteria set out in subsection (3);

    • (b) a determination of equivalency by the Minister referred to in subparagraph 5(1)(d)(ii) of the Pest Control Products Regulations;

    • (c) a permit referred to in subparagraph 5(1)(d)(iii) of the Pest Control Products Regulations; and

    • (d) except for a component referred to in subitem 1(a), (b) or (c) of Schedule I and any item in Schedule II, an application for a certificate of registration of a pest control product whose active ingredient is

      • (i) an organism,

      • (ii) a substance that is not an agricultural chemical as defined in section B.01.001 of the Food and Drugs Regulations, or

      • (iii) a naturally occurring semiochemical or an identical synthetic substance that affects the behaviour of arthropoda.

  • (3) For the purposes of paragraph (2)(a), the criteria are as follows:

    • (a) some of the information required to accompany the application is generated by the applicant or for the applicant by someone other than the registrant; and

    • (b) the application is accompanied by the registrant’s certification that

      • (i) the registrant agrees to include the new use on the label of the pest control product if the application is approved, and

      • (ii) the registrant’s anticipated revenue from sales of the pest control product in Canada for the new use does not warrant an application for an amendment of the certificate of registration being made by the registrant.