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Fertilizers Regulations (C.R.C., c. 666)

Regulations are current to 2020-11-17 and last amended on 2020-10-26. Previous Versions

Registration (continued)

 A fertilizer or supplement that is not required to be registered shall not be registered.

  • SOR/94-683, s. 3

 A person shall not change the label, chemical composition or ingredients of a registered fertilizer or supplement if the change can reasonably be expected to affect its performance as a fertilizer or supplement, as the case may be, its safety or its use, unless the registration is amended accordingly.

  • SOR/79-365, s. 6
  • SOR/2020-232, s. 8
  •  (1) Subject to subsection (4), the President of the Agency may cancel the registration of any fertilizer or supplement if he or she believes on reasonable grounds that, with respect to that fertilizer or supplement, any of the following are contravened:

    • (a) any of the provisions of the Act or these Regulations;

    • (b) any of the provisions of the Health of Animals Act or of regulations made under that Act that refer to products of a rendering plant, animal by-products, animal food, animal products or manure; or

    • (c) any of the provisions of the Pest Control Products Act or of regulations made under that Act with respect to human, animal or plant health or the environment.

  • (2) In deciding whether to cancel a registration in accordance with subsection (1), the President of the Agency shall take information related to the following factors into account:

    • (a) whether cancellation of the registration is necessary in order to mitigate risk of harm to human, animal or plant health or the environment;

    • (b) whether the cancellation is unnecessary because the contravention has been corrected or is expected to be corrected in a timely way without risk of harm to human, animal or plant health or the environment; and

    • (c) whether there is a history of contravention of the provisions referred to in paragraphs (1)(a) to (c) in respect of the fertilizer or supplement.

  • (3) If the President of the Agency intends to cancel a registration, he or she shall forward to the registrant by registered mail a notice indicating that the registration is to be cancelled, along with the reasons for the proposed cancellation unless, within 30 days after the day on which the notice was mailed, the registrant notifies the President that they wish to have an opportunity to be heard in respect of the proposed cancellation.

  • (4) If the registrant notifies the President of the Agency that they wish to have an opportunity to be heard, the President shall notify the registrant by registered mail of the date and time of a hearing to determine whether the registration shall be cancelled and any details required to allow the registrant to participate. The hearing shall be held within 30 days after the day on which the President receives notice that the registrant wishes to have an opportunity to be heard.

  • (5) If a registrant fails to notify the President of the Agency that they wish to have an opportunity to be heard or fails to satisfy the President that the registration should not be cancelled, the President may cancel that registration.

  • SOR/79-365, s. 7
  • SOR/85-558, s. 5
  • SOR/93-232, s. 2(E)
  • SOR/2000-184, s. 57
  • SOR/2020-232, s. 8

Standards

 For the purpose of paragraph 3(b) of the Act,

  • (a) a fertilizer or supplement shall not contain

    • (i) any substance or mixture of substances that, if the fertilizer or supplement is used as specified in its directions for use or in an amount that is not in excess of the amount that is necessary to achieve its intended purposes, would leave in the tissues of a plant a residue of a poisonous or harmful substance,

    • (ii) except in accordance with a permit issued under section 160 of the Health of Animals Regulations for the purpose of section 6.4 of those Regulations, proteins derived from specified risk material, in any form, that was removed from the carcasses of cattle or that is contained in the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food, or

    • (iii) major plant nutrients, secondary nutrients or micronutrients that are present at toxic levels if the fertilizer or supplement is used as specified in its directions for use or in an amount not in excess of the amount that is necessary to achieve its intended purposes;

  • (b) a fertilizer-pesticide or supplement-pesticide shall not be nor contain a pesticide that does not comply with the requirements of the Pest Control Products Act in respect of the approved use and the application rate for that pesticide;

  • (c) a fertilizer or supplement that is represented to be a fertilizer or supplement whose term is set out in the List of Materials shall meet the definition in that List that corresponds to that term; and

  • (d) a fertilizer or supplement that is represented to contain a fertilizer or supplement whose term is set out in the List of Materials shall contain an ingredient that meets the definition in that List that corresponds to that term.

  • SOR/2020-232, s. 8

 [Repealed, SOR/2013-79, s. 2]

 [Repealed, SOR/93-155, s. 1]

 [Repealed, SOR/2020-232, s. 8]

 [Repealed, SOR/2013-79, s. 4]

 [Repealed, SOR/2020-232, s. 8]

 [Repealed, SOR/2020-232, s. 8]

 [Repealed, SOR/2013-79, s. 6]

 [Repealed, SOR/2013-79, s. 6]

Guaranteed Analysis

  •  (1) The guaranteed analysis of a fertilizer or supplement shall include, if applicable,

    • (a) the minimum amount of total nitrogen, available phosphoric acid and soluble potash expressed in per cent;

    • (b) the minimum amount of each secondary nutrient, expressed in per cent on an elemental basis;

    • (c) the amount of each micronutrient, expressed in per cent on an elemental basis;

    • (d) in the case of an untreated phosphatic fertilizer, the minimum amount of total phosphoric acid and the minimum amount of available phosphoric acid, expressed in per cent;

    • (e) except in the circumstances in which paragraph (f) applies, the genus and species of each active ingredient that is a microorganism as well as the following information:

      • (i) for each microorganism that is a viable cell, the number of viable cells per gram of that microorganism, and

      • (ii) for each microorganism that is not a viable cell, another descriptor of the concentration of that microorganism on a per gram basis;

    • (f) if the fertilizer or supplement contains an active ingredient that is a complex community of microorganisms that is taken from a single natural environment and whose composition is maintained without further manipulation, a descriptor of the concentration of viable microorganisms on a per gram basis;

    • (g) if the fertilizer or supplement contains an active ingredient that is intended to neutralize acidity,

      • (i) the amount of calcium and magnesium, if any, expressed in per cent on an elemental basis,

      • (ii) its neutralizing value, expressed in per cent of the acid neutralizing capacity of calcium carbonate, and

      • (iii) the range of particle sizes of solid materials;

    • (h) if the fertilizer or supplement contains an active ingredient that is an acidifying material intended to increase the hydrogen ion concentration of a growing medium, its acidifying value, expressed in per cent of the basic neutralizing capacity of hydrochloric acid;

    • (i) in the case of a fertilizer or supplement that is represented to contain organic matter, the amount of organic matter expressed in per cent and the moisture content expressed in per cent; and

    • (j) the amount of any other active ingredient expressed in per cent.

  • (2) If subsection (1) requires the concentration of an active ingredient to be expressed in per cent, but the active ingredient is present in a concentration of less than 0.001%, the guaranteed analysis may instead indicate its concentration, on a per gram basis, using another unit of measure.

  • (3) In addition to the information required under subsection (1), the guaranteed analysis of a fertilizer-pesticide or supplement-pesticide shall include the concentration of each active ingredient, as defined in subsection 2(1) of the Pest Control Products Act, of the pesticide expressed in accordance with subparagraph 26(1)(h)(iii) of the Pest Control Products Regulations.

  • SOR/79-365, s. 12
  • SOR/85-558, s. 7
  • SOR/88-353, s. 5
  • SOR/93-232, s. 2
  • SOR/2013-79, s. 7
  • SOR/2015-55, s. 1
  • SOR/2020-232, s. 9
 
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