Exemption of Certain Pest Control Products (continued)
Marginal note:Safety information
3.2 (1) The information set out in subsection (2) and the safety information set out in subsections (3) to (8) must
(a) appear in documents that accompany the shipment of the pest control product during transport through Canada and during any short-term storage in Canada;
(b) be readily available for use in emergency response to any accidents or incidents involving that product;
(c) appear in a manner that is clearly legible and indelible;
(d) appear in either English or French; and
(e) appear in documents that accompany each load of a shipment, if the shipment is broken into loads that are sent to different destinations.
(2) The shipment of the pest control product must be accompanied by documents that contain all of the following information:
(a) the name of the product, which may include a distinctive brand or trademark;
(b) a declaration of net quantity of the product in the package;
(c) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;
(d) the name, postal address, email address and telephone number of a contact person to whom public inquiries may be directed; and
(e) the physical form of the product.
Marginal note:Hazard identification
(3) The shipment of the pest control product must be accompanied by documents that contain information that identifies the nature and degree of hazard inherent in the pest control product by appropriate precautionary symbols and signal words selected from either Schedule 3 or 4. For precautionary symbols and signal words selected from Schedule 4, a hazard statement that indicates the nature of the primary hazard to which the precautionary symbol relates must also be included.
Marginal note:Active ingredient
(4) The shipment of the pest control product must be accompanied by documents that contain the following information:
(a) the common chemical name of the active ingredient of the pest control product or, if it has no common chemical name, its chemical or other name; and
(b) the concentration of the active ingredient.
Marginal note:First aid measures
(5) The shipment of the pest control product must be accompanied by documents that contain the following information:
(a) instructions that set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product and that include the statement “Take the documents accompanying the shipment or the container label, if it contains the same information, or the product name with you when seeking medical attention.”; and
(b) information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product, including
(i) antidotes and remedial measures or, if no specific antidote or remedial measure exists, the statement “Treat symptomatically.”,
(ii) a description of the injury or the symptoms of poisoning or intoxication, and
(iii) a list of the components of the product that may affect the treatment.
Marginal note:Firefighting, handling, transport and storage
(6) The shipment of the pest control product must be accompanied by documents that contain information that identifies the appropriate measures to be taken with respect to firefighting, handling, transportation and storage of the pest control product.
Marginal note:Accidental release, decontamination and safe disposal
(7) The shipment of the pest control product must be accompanied by documents that contain instructions on the procedure to be followed
(a) in case of accidental release;
(b) for decontamination; and
(c) for the safe disposal of the pest control product and its packages.
Marginal note:Toxicological and ecological risk reduction
(8) The shipment of the pest control product must be accompanied by documents that contain information that identifies any significant risk to health and the environment, and instructions on procedures to reduce that risk.
(9) The packaging of the pest control product must be constructed
(a) to contain the product safely under normal conditions of storage and transportation; and
(b) to minimize degradation or change of its contents.
Marginal note:Storage and transport
(10) The pest control product must be stored and transported in a separate compartment from any human food or animal feed or in such a way as to avoid any possible contamination of the food or feed if
(a) the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3; or
(b) the product bears the signal word DANGER and the hazard statements “Fatal if swallowed”, “Fatal in contact with skin”, “Toxic if swallowed”, “Toxic in contact with skin”, “Toxic if inhaled” or “Fatal if inhaled” set out in item 4 of Schedule 4.
Marginal note:Information to be provided on request
3.3 (1) The importer, exporter or owner of the pest control product imported solely for the purpose of export must provide the following information to the Minister, in the manner requested, on request:
(a) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;
(b) notification of import of the product 30 days in advance of the expected date of import;
(c) notification of export of the product;
(d) the place of entry or port of unloading;
(e) the name of the freight forwarder, if any;
(f) the name of the shipper or carrier; and
(g) any other information required under subsections 3.2(2) to (8).
Unregistered Pest Control Products
- SOR/2022-99, s. 4
Marginal note:Permitted activities
4 (1) A person may manufacture, possess, handle, store, transport, import, distribute or use the following unregistered pest control products under the Act:
(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 an ultraviolet radiation-emitting device, other than an ultraviolet lamp or other component that emits ultraviolet radiation, if
(i) the device is certified by a product certification body as meeting the applicable Canadian electrical safety requirements,
(ii) the certification mark of the product certification body appears on the label of the device,
(iii) any claim of efficacy that is made in respect of the device is made only in relation to supplemental sanitization,
(iv) no express or implied claim in relation to the treatment, mitigation or prevention of disease is made in respect of the device,
(v) its ultraviolet lamp, or other component that emits ultraviolet radiation, is fully shielded or enclosed in the device, in a manner that prevents exposure to ultraviolet radiation,
(vi) the device has a mechanism that
(A) locks the device to prevent access to the ultraviolet lamp, or other component that emits ultraviolet radiation, during operation, or
(B) automatically shuts off the device if it is opened during operation,
(vii) a user of the device who follows the instructions referred to in paragraph 30.1(3)(c) for replacing the ultraviolet lamp or any other component that emits ultraviolet radiation is not exposed to the radiation,
(viii) the device does not produce or generate any other substance, including ozone or hydroxyl, that may be harmful to human health during operation, and
(ix) the device is used in commercial or industrial premises or in educational institutions, health care facilities or similar institutions or facilities and, as applicable,
(A) it does not meet the requirement set out in subparagraph (v), is contained within the ventilation system in a manner that prevents exposure to ultraviolet radiation and is installed by an electrician who is the holder of a licence issued by the applicable provincial licensing authority, or
(B) it does not meet one of the requirements set out in subparagraph (v) or (vi) and is certified by a product certification body either as being part of the Exempt group classification set out in the IEC 62471 standard developed by the International Electrotechnical Commission entitled Photobiological safety of lamps and lamp systems, as amended from time to time, or as meeting the applicable requirements of one of the standards set out in the List of Equivalent Standards for Ultraviolet Photobiological Hazard Assessment, published by the Government of Canada on its website, as amended from time to time;
(d) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, if the component
(i) is manufactured, represented or distributed solely for use in a device referred to in paragraph (c), and
(ii) meets the conditions set out in subparagraphs (c)(iii) and (iv); and
(e) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, that is manufactured, represented or distributed for use as a component in a registered device, if
(i) the component is evaluated as part of an application to register, amend or renew the registration of the device, and
(ii) the label of the component contains any information specified by the Minister in the conditions of registration.
Marginal note:Used in manufacture only
(2) A pest control product referred to in paragraph (1)(a) must not be used for any purpose other than the manufacture of a registered pest control product.
Marginal note:Permitted activities — foreign product
(3) A person may possess, handle, store, transport, import or use a foreign product that is imported under a foreign product use certificate.
(3.1) [Repealed, SOR/2022-99, s. 5]
Marginal note:Permitted activities — for conducting research
(4) A person may manufacture, possess, handle, store, transport, import or use a pest control product for the purpose of conducting research in accordance with sections 46 to 70.
Unregistered Pest Control Products for Export
Marginal note:Permitted activities — for exportation of certain products
4.1 (1) A person may manufacture, possess, handle, store or transport — or import for use in manufacturing — the following unregistered pest control products under the Act, solely for the purpose of export:
(a) an ultraviolet radiation-emitting device;
(b) an ultraviolet lamp or other component that emits ultraviolet radiation;
(c) an ozone-generating device; and
(d) a pest control product that contains an active ingredient that is registered in Canada.
Marginal note:Export certificate
(2) Before a pest control product referred to in any of paragraphs (1)(a) to (c) is shipped, the manufacturer must prepare an export certificate, in the manner specified by the Minister, indicating that the product does not contravene any known requirements of the law of the countries to which it is shipped, consigned or about to be consigned.
Marginal note:New certificate
(3) If the pest control product or the country of export changes, the manufacturer must prepare a new certificate.
Marginal note:Period of retention
(4) The manufacturer must keep a record of the certificate for five years after the date of the last shipment.
Marginal note:Provision of records
(5) The manufacturer must provide the certificate to the Minister on request and within the period specified.
Marginal note:Requirements — information and packaging
(6) Subsections 3.2(1) to (3), and (6) to (10) apply to the pest control products referred to in paragraphs (1)(a) to (c).
Marginal note:Requirements of section 3.2
(7) A pest control product referred to in paragraph (1)(d) must meet the requirements of section 3.2.
Marginal note:Non-application of section 33
(8) Section 33 does not apply to a pest control product referred to in subsection (1).
5 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
Methods of Electronic Delivery
Marginal note:Electronic delivery
5.1 (1) For the purpose of subsection 62(1) of the Act, notices or other documents required or authorized to be delivered under the Act may be delivered electronically through the website of the Government of Canada or by another means of electronic communication.
Marginal note:Deemed time of delivery
(2) A notice or other document that is delivered electronically is considered to have been delivered
(a) if it was delivered through that website, on the earlier of
(i) the date of its delivery as indicated through that website, and
(ii) the date of its delivery as indicated by a means of automatic electronic communication generated by that website; and
(b) if it was delivered using another means of electronic communication, on the date that is indicated as the day of its delivery by the other means.
Marginal note:Setting aside deemed time of delivery
(3) A deemed time of delivery of a notice or other document may be set aside on the basis of any metadata or data from any other tracking system that relates to the notice or other document.
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