Pest Control Products Act

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  active ingredient

  active ingredient means a component of a pest control product to which the intended effects of the product are attributed and includes a synergist but does not include a solvent, diluent, emulsifier or other component that is not primarily responsible for those effects. (principe actif)

  advertise

  advertise includes making a representation by any means for the purpose of directly or indirectly promoting the distribution of a pest control product. (publicité)

  analyst

  analyst means an individual who is appointed or designated as an analyst under section 45. (analyste)

  biological diversity

  biological diversity means the variability among living organisms from all sources, including, without limiting the generality of the foregoing, terrestrial and marine and other aquatic ecosystems and the ecological complexes of which they form a part and includes the diversity within and between species and of ecosystems. (diversité biologique)

  biotechnology

  biotechnology means the application of science and engineering in the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms. (biotechnologie)

  conditions of registration

  conditions of registration means

  • (a) any conditions specified by the Minister under paragraph 8(1)(a) or subsection 8(2) or when amending the registration of a pest control product under this Act; and

  • (b) any other requirements stated by this Act or the regulations to be conditions of registration. (conditions d’homologation)

  confidential business information

  confidential business information means information to which access may be refused under the Access to Information Act and that meets the requirements of subsection 43(4) or (5). (renseignements commerciaux confidentiels)

  confidential test data

  confidential test data means test data to which access may be refused under the Access to Information Act. (données d’essai confidentielles)

  distribute

  distribute means distribute in any way, whether or not for consideration, and includes sell, offer for sale or distribution, and expose, display or advertise for sale or distribution. (distribution)

  document

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

  ecosystem

  ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. (écosystème)

  environment

  environment means the components of the Earth and includes

  • (a) air, land and water;

  • (b) all layers of the atmosphere;

  • (c) all organic and inorganic matter and living organisms; and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c). (environnement)

  environmental risk

  environmental risk, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. (risque environnemental)

  formulant

  formulant means any component of a pest control product that is added intentionally to the product and that is not an active ingredient. (formulant)

  government policy

  government policy means the Toxic Substances Management Policy issued by the Government of Canada in June, 1995, as long as it remains in effect, and any other policies of the Government of Canada that are prescribed. (politique gouvernementale)

  health risk

  health risk, in respect of a pest control product, means the possibility of harm to human health resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. (risque sanitaire)

  inspector

  inspector means an individual who is appointed or designated as an inspector under section 45. (inspecteur)

  label

  label includes any written, printed or graphic matter

  • (a) that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a pest control product or a package; or

  • (b) that belongs to a pest control product and is transmitted electronically, in accordance with the regulations. (étiquette)

  manufacture

  manufacture includes produce, formulate, package, label and prepare for distribution or use. (fabrication)

  Minister

  Minister means the Minister of Health. (ministre)

  package

  package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. (emballage)

  penalty

  penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation. (pénalité)

  person

  person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code. (personne)

  pest

  pest means an animal, a plant or other organism that is injurious, noxious or troublesome, whether directly or indirectly, and an injurious, noxious or troublesome condition or organic function of an animal, a plant or other organism. (parasite)

  pest control product

  pest control product means

  • (a) a product, an organism or a substance, including a product, an organism or a substance derived through biotechnology, that consists of its active ingredient, formulants and contaminants, and that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects;

  • (b) an active ingredient that is used to manufacture anything described in paragraph (a); or

  • (c) any other thing that is prescribed to be a pest control product. (produit antiparasitaire)

  place

  place includes a means of transport. (lieu)

  prescribed

  prescribed means prescribed by regulation. (Version anglaise seulement)

  Register

  Register means the Register of Pest Control Products established and maintained under section 42. (Registre)

  registrant

  registrant means a person in whose name a pest control product is registered. (titulaire)

  test data

  test data means scientific or technical information respecting the health or environmental risks or the value of a pest control product. (données d’essai)

  threshold effect

  threshold effect, in respect of a pest control product, means a harmful effect on human health for which the Minister is able to identify a level at which the product will not cause that effect. (effet de seuil)

  value

  value, in respect of a pest control product, means the product’s actual or potential contribution to pest management, taking into account its conditions or proposed conditions of registration, and includes the product’s

  • (a) efficacy;

  • (b) effect on host organisms in connection with which it is intended to be used; and

  • (c) health, safety and environmental benefits and social and economic impact. (valeur)

  violation

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

  • (a) any contravention of any provision of this Act or of a regulation made under this Act; and

  • (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation)

  workplace

  workplace means a place where an individual works for remuneration. (lieu de travail)

• Marginal note:Acceptable risks

  (2) For the purposes of this Act, the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.