Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Loi

  Act means the Pest Control Products Act. (Loi)

  antimicrobial agent

  agent antimicrobien

  antimicrobial agent means a non-agricultural pest control product that is manufactured, represented, distributed or used as a means to directly or indirectly control or destroy the following on or in inanimate objects, industrial processes and systems, surfaces, water and air:

  • (a) micro-organisms; and

  • (b) organisms that are not vascular plants and that cause fouling. (agent antimicrobien)

  approved label

  étiquette approuvée

  approved label means a label that meets the conditions of registration relating to the label as specified by the Minister and that is placed in the Register. (étiquette approuvée)

  CAS registry number

  numéro d’enregistrement CAS

  CAS registry number means the identification number that is assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

  certificate of equivalency

  certificat d’équivalence

  certificate of equivalency means a certificate that is issued under subsection 39(1) with respect to a foreign product. (certificat d’équivalence)

  common chemical name

  nom chimique commun

  common chemical name, with respect to an active ingredient of a pest control product, means the name set out in International Standard ISO 1750-1981 (E/F), entitled Pesticides and other agrochemicals — Common names, published by the International Organization for Standardization, as amended from time to time. (nom chimique commun)

  conditional registration

  homologation conditionnelle

  conditional registration means a registration to which section 14 applies. (homologation conditionnelle)

  cooperator

  collaborateur

  cooperator means an individual, a corporation or an unincorporated entity, or part of one, that agrees to use or allows the use of a pest control product for research purposes on a site owned or operated by it. (collaborateur)

  device

  dispositif

  device means an article, an instrument, an apparatus, a contrivance or a gadget. (dispositif)

  display panel

  aire d’affichage

  display panel means the part of the label that is affixed to the container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. It does not include any brochure or leaflet that accompanies the product. (aire d’affichage)

  domestic animal

  animal domestique

  domestic animal means an animal that is under the control of humans and dependent on them for its survival. (animal domestique)

  equivalency certificate

  equivalency certificate[Repealed, SOR/2014-24, s. 1]

  experimental label

  certificat d’équivalence

  experimental label means a label that is for use during research. (certificat d’équivalence)

  foreign product

  produit étranger

  foreign product means a pest control product that is registered in a country other than Canada. (produit étranger)

  foreign product use certificate

  certificat d’utilisation d’un produit étranger

  foreign product use certificate means a certificate that is issued under subsection 41(3) with respect to an imported foreign product. (certificat d’utilisation d’un produit étranger)

  marketplace label

  étiquette de marché

  marketplace label means a label that matches the approved label and that has added to it graphic designs or symbols that relate to the pest control product. (étiquette de marché)

  metric unit

  unité métrique

  metric unit means a unit of measurement set out in Schedule I to the Weights and Measures Act. (unité métrique)

  microbial agent

  agent microbien

  microbial agent means a pest control product whose active ingredient is a micro-organism. It includes any metabolites and toxins produced by the micro-organism. (agent microbien)

  own use

  own use[Repealed, SOR/2014-24, s. 1]

  own-use import certificate

  own-use import certificate[Repealed, SOR/2014-24, s. 1]

  pheromone

  phéromone

  pheromone means a semiochemical that is produced by an individual of a species and that affects the behaviour of other individuals of the same species. (phéromone)

  principal display panel

  aire d’affichage principale

  principal display panel means the part of the display panel that is visible under normal conditions of display for sale. (aire d’affichage principale)

  registration certificate

  certificat d’homologation

  registration certificate means a certificate issued under section 12 that states that the pest control product named in it is registered under the Act. (certificat d’homologation)

  research

  recherche

  research means tests that are carried out to generate test data in support of an application for registration of a pest control product or an application to amend a registration, using a pest control product that contains an unregistered active ingredient, using an unregistered pest control product that contains a registered active ingredient or using a registered pest control product in a manner or for a use that is not specified in the conditions of registration. (recherche)

  research authorization certificate

  certificat d’autorisation de recherche

  research authorization certificate means a certificate issued under subsection 50(2) that states that the pest control product named in it may be used in conducting research. (certificat d’autorisation de recherche)

  researcher

  chercheur

  researcher means an individual who is employed by or who provides service to a research establishment and who is responsible for using or supervising the use of a pest control product for research purposes. (chercheur)

  research establishment

  établissement de recherche

  research establishment means a person who is engaged in research that pertains to a pest control product. (établissement de recherche)

  research notification certificate

  certificat d’avis de recherche

  research notification certificate means a certificate issued under section 54 that confirms that proposed research meets the criteria set out in section 53. (certificat d’avis de recherche)

  research site

  site de recherche

  research site means an area that is treated or to be treated with a pest control product for the purpose of conducting research. (site de recherche)

  secondary display panel

  aire d’affichage secondaire

  secondary display panel means the part of the display panel other than the principal display panel. (aire d’affichage secondaire)

  seed

  semence

  seed means a generative part of a plant that is used for propagation purposes. It includes true seeds, seed-like fruits, bulbs, tubers and corms but does not include whole plants or cuttings. (semence)

  semiochemical

  écomone

  semiochemical means a message-bearing chemical that is produced by a plant or an animal, or a synthetic analogue of such a chemical, that evokes a behavioural response in individuals of the same or another species. (écomone)

  validity period

  période de validité

  validity period means the period specified under paragraph 8(1)(c) of the Act. (période de validité)

• Definition of common chemical name

  (2) For the purpose of the application of the definition common chemical name in subsection (1), the common chemical name “carboxin” is to be read as “carbathiin” wherever it appears in the Standard referred to in that definition.

Prescribed Pest Control Products

Marginal note:Prescribing

2 For the purpose of paragraph (c) of the definition pest control product in subsection 2(1) of the Act, the following are prescribed to be pest control products:

• (a) a device that is manufactured, represented, distributed or used to directly or indirectly control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest; and

• (b) a compound or substance that is not an ingredient of a pest control product described in paragraph (a) of that definition but is added to or used with such a product to enhance or modify its physical or chemical characteristics or to modify an effect on host organisms in connection with which the product is intended to be used.

Exemption of Certain Pest Control Products

Marginal note:Exemption from application of Act

• 3 (1) The following pest control products are exempt from the application of the Act:

  • (a) a pest control product that is a device of a type not described in Schedule 1;

  • (b) a pest control product that is subject to the Food and Drugs Act and that is used only

    • (i) to control arthropods on or in humans or animals, if the pest control product is to be administered directly and not by topical application, or

    • (ii) during the cooking or processing of food for humans to preserve the food;

  • (c) a pest control product that is used to control viruses, bacteria or other micro-organisms in premises in which food is manufactured, prepared or kept for sale;

  • (d) a pest control product that is used to destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent disease in humans or animals, except in respect of its use in a swimming pool or spa;

  • (e) except in respect of its uses as a preservative for wood or other material, as a slimicide or in a swimming pool or spa, a pest control product that is used both to

    • (i) destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent disease in humans or animals, and

    • (ii) reduce the level of viruses, bacteria or other micro-organisms that cause mould, mildew or odour, or disease in humans or animals; and

  • (f) a pest control product, other than an organism, that is imported into Canada primarily for use by the importer in or around the home, if the quantity being imported is not more than 500 g or 500 mL and the value of the quantity imported is not more than $100.

• Marginal note:Exemption for named uses only

  (2) A pest control product that is exempt under paragraph (1)(c), (d) or (e) is exempt only in respect of any use described in that paragraph.

Exemption from Registration

Marginal note:Exemption — unregistered pest control products

• 4 (1) Subject to subsection (2), a pest control product is exempt from the application of subsection 6(1) of the Act if it is

  • (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 manufactured only for export from Canada and that contains an active ingredient that is registered in Canada;

  • (d) a foreign product that is imported under a foreign product use certificate; or

  • (e) a pest control product that is imported for the purpose of conducting research in accordance with sections 46 to 70.

• Marginal note:No exemption

  (2) A pest control product is not exempt from the application of subsection 6(1) of the Act if it is an active ingredient that is used in a pest control product of a type described in Schedule 2.

• Marginal note:Use in manufacture only

  (3) A pest control product that is exempt from registration under paragraph (1)(a) may not be used for any purpose other than the manufacture of a registered pest control product.

• Marginal note:No manufacture or distribution in Canada

  (4) A pest control product that is exempt from registration under paragraph (1)(d) may not be manufactured or distributed in Canada.

Product Classes

Marginal note:Designation

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

• (d) “MANUFACTURING”, if the pest control product is to be used only in the manufacture of a pest control product or a product regulated under the Feeds Act or the Fertilizers Act.

Application for Registration

Marginal note:Contents

• 6 (1) An application to register or amend the registration of a pest control product must include all of the following information:

  • (a) the applicant’s name, address and signature or, if the application is made by a representative of the applicant, both the representative’s and applicant’s name and address and the representative’s signature;

  • (b) the name and address of the place of manufacture of the pest control product;

  • (c) the product name referred to in paragraph 26(1)(a);

  • (d) the product type referred to in paragraph 26(1)(b);

  • (e) the product’s physical form referred to in paragraph 26(1)(c);

  • (f) the registration number referred to in paragraph 26(1)(i), if there is one;

  • (g) in the case of

    • (i) a chemical pest control product that is an active ingredient, its chemical name, common chemical name and CAS registry number, its percentage of the total weight of the product in which it is contained, the name of each contaminant and other impurity that it contains, and the percentage of total weight of each contaminant and impurity,

    • (ii) a chemical pest control product other than an active ingredient, the chemical name, common chemical name and CAS registry number of each active ingredient in the product, each active ingredient’s percentage of the total weight of the product, and the registration number of each active ingredient or other pest control product used to manufacture the product, and

    • (iii) any other pest control product, any characteristics that are relevant to its health or environmental risks or value;

  • (h) in the case of a pest control product that contains one or more formulants, the name of each formulant, its CAS registry number, if there is one, the name and address of the supplier of each formulant, each formulant’s percentage of the total weight of the product, and the purpose of each formulant in the product;

  • (i) the size, type and specifications of the package in which the pest control product is to be distributed; and

  • (j) the guarantee statement described in paragraph 26(1)(h).

• Marginal note:Electronic copy of label

  (2) The applicant must include an electronic copy of the proposed label with every application to register a pest control product and with any application to amend the registration of a pest control product that would result in a change to the label.

• Marginal note:Certification

  (3) The applicant must include with every application to register or amend the registration of a pest control product a statement signed by the applicant certifying that the information in the application is accurate and complete.

7 [Repealed, SOR/2014-24, s. 5]

Marginal note:Additional information required

8 In addition to the information required by section 6, the applicant must provide the Minister with any other information that the Minister may require to evaluate the health and environmental risks and the value of the pest control product, including, if relevant to the product and its conditions or proposed conditions of registration, the results of scientific investigations respecting any of the following:

• (a) the efficacy of the pest control product for its intended purpose;

• (b) the risks posed by the pest control product and its derivatives to humans or animals that may be exposed to it, including when it is manufactured, handled, stored, transported or distributed or during or after its use or disposal, in accordance with its conditions or proposed conditions of registration;

• (c) the effect of the pest control product and its derivatives on host organisms in connection with which it is intended to be used;

• (d) the effect of the pest control product and its derivatives on representative species of organisms not targeted by its intended use;

• (e) the degree of persistence, retention and movement of the pest control product and its derivatives in the environment, including the degree to which the pest control product and its derivatives may leach or dislodge from things treated with the product;

• (f) methods of analysis for detecting the components and measuring the characteristics of the pest control product;

• (g) methods of analysis for detecting and determining the amount of the pest control product and its derivatives in human food, animal feed and the environment when the product is used in accordance with its conditions or proposed conditions of registration;

• (h) appropriate methods for detoxifying or neutralizing the pest control product in water, air or soil, or on any surface;

• (i) appropriate methods for disposing of the pest control product and its empty packages;

• (j) the stability of the pest control product under normal conditions of storage and display;

• (k) the compatibility of the pest control product with other pest control products with which it is recommended to be, or is likely to be, mixed;

• (l) the effect of mixing the pest control product or using it simultaneously with other pest control products on its value and the health and environmental risks associated with its use;

• (m) the chemical and physical properties, or the species or strain and biological properties, of the pest control product, its composition, and specifications and processes for its manufacture, including quality control processes;

• (n) the fate of the pest control product in humans or animals exposed to it, including the identity and quantity of all the major metabolites and other derivatives that result from its use;

• (o) the residues of the pest control product and its derivatives that may remain in or on human food or animal feed after its use in accordance with its conditions or proposed conditions of registration;

• (p) the risks posed to humans or animals exposed to the pest control product or its derivatives through their diet or drinking water when the product is used in accordance with its conditions or proposed conditions of registration;

• (q) the effect of storing and processing, including post-market processing, human food or animal feed in relation to which the pest control product was used on the dissipation or degradation of the pest control product and any of its derivatives;

• (r) the proposed maximum residue limits for the pest control product and its derivatives in or on human food; and

• (s) the fate of the pest control product and its derivatives in subsequent crops of human food or animal feed.

Marginal note:Additional information — affidavit and contents

• 9 (1) When, in the context of an application for registration or to amend a registration, the Minister considers additional information under paragraph 7(6)(b) of the Act that is not publicly available, the applicant must be given access to that information by the Minister for the purpose of making representations under that paragraph with respect to the information, if the applicant submits to the Minister an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits that

  • (a) identifies the information to which access is being requested;

  • (b) acknowledges that the access is given only for the purpose of enabling the applicant to make representations to the Minister with respect to the information;

  • (c) states that the applicant will not use the information or make it available to any person for any other purpose; and

  • (d) states that the information and any copies of it will be returned to the Minister when the stated purpose has been achieved.

• Marginal note:Copying or other use

  (2) The applicant to whom access to additional information is given under subsection (1) must not use the information or provide it to any person for any purpose other than to make representations under paragraph 7(6)(b) of the Act with respect to the information.

• Marginal note:Return of information

  (3) Additional information to which access is given under subsection (1) and any copies of it must be returned to the Minister by the applicant immediately after they have made their representations with respect to the information.

Marginal note:Reference in Register

10 For the purpose of subsection 42(4) of the Act, evaluation reports that are placed in the Register under paragraph 42(2)(f) of the Act must include a reference to information placed in the Register under paragraph 42(2)(e) of the Act.

Marginal note:Samples on request

11 On application to register or amend the registration of a pest control product, the applicant must, if requested by the Minister, provide the Minister with a sample of

• (a) the pest control product;

• (b) the technical grade of its active ingredient; and

• (c) the laboratory standard of its active ingredient.

Marginal note:Registration certificate

12 When a pest control product is registered or a registration is amended under section 8 of the Act, the Minister must issue a registration certificate that bears the registration number of the pest control product and sets out any conditions of registration specified by the Minister.

Validity Period

Marginal note:Maximum validity period

13 Subject to subsections 14(6) and (7), the validity period with respect to a pest control product must end no later than December 31 in the fifth year after the year in which the product is registered.

Conditional Registration

Marginal note:Valid up to three years

• 14 (1) Despite section 13 and subject to subsection (2), if a notice is delivered to the registrant under section 12 of the Act when a pest control product is registered or the registration of a pest control product is amended under subsection 8(1) of the Act, the registration becomes a conditional registration and

  • (a) the validity period must end no later than December 31 in the third year after the year in which the product is registered or the registration is amended; and

  • (b) subsections 28(1) and 35(1) and paragraphs 42(2)(c) to (e) of the Act do not apply.

• Marginal note:Further notices under section 12 of the Act

  (2) When a notice is delivered to the registrant under section 12 of the Act in relation to the reinstatement of an expired conditional registration or the continuation of a conditional registration after the evaluation of data, paragraph (1)(a) applies.

• Marginal note:Amendment

  (3) Paragraphs (1)(a) and (b) apply to an amendment of a conditional registration.

• Marginal note:Exemption

  (4) Despite subsection 81(2) of the Act, paragraph 42(2)(f) of the Act applies to all registrations referred to in that subsection if a registration decision of a type described in paragraph 28(1)(a) of the Act has been made and the validity period has been fixed.

• Marginal note:No extension

  (5) Subject to subsections (6) and (7), the validity period of a conditional registration may not be extended.

• Marginal note:Automatic extension

  (6) The validity period of a conditional registration is extended for a period of two years when the registrant complies with the requirements of the notice delivered under section 12 of the Act.

• Marginal note:Extension for consultation

  (7) The Minister may extend the validity period for a period of sufficient duration to allow the Minister to carry out the consultation required by section 28 of the Act, if the application to amend or renew is made before the end of the validity period.

Marginal note:Expanded scope of section 14 — associated products

• 15 (1) Paragraphs 14(1)(a) and (b) apply to the registration of any pest control product that contains an active ingredient in respect of whose registration a notice has been delivered under section 12 of the Act.

• Marginal note:Expanded scope of section 14 — associated active ingredients

  (2) Paragraphs 14(1)(a) and (b) apply to the registration of an active ingredient that is contained only in a registered pest control product in respect of which a notice has been delivered under section 12 of the Act.

Renewal of Registration

Marginal note:Five-year periods

• 16 (1) Subject to subsections (2) and (3), the registration of a pest control product may be renewed, on application by the registrant to the Minister, for additional periods of not more than five years each.

• Marginal note:Renewal and delivery of new notice — conditional registrations

  (2) A conditional registration may be renewed on application by the registrant to the Minister, and on the renewal a new notice is delivered to the registrant under section 12 of the Act and paragraph 14(1)(a) of these Regulations applies.

• Marginal note:Exception

  (3) Despite subsection (2), in the case of a conditional registration to which subsection 15(1) or (2) applies, no notice need be delivered.

• Marginal note:Information required with renewal applications

  (4) An application to renew the registration of a pest control product must be accompanied by all of the following:

  • (a) the information required by subsection 6(1);

  • (b) the statement required by subsection 6(3);

  • (c) the information required by section 8;

  • (d) if the Minister requests them, an electronic copy of the approved label and two hard copies of the marketplace label; and

  • (e) in the case of a registration that was issued in the circumstances described in sections 17.7 to 17.94, a valid letter of access, as defined in section 17.1.

Re-evaluations and Special Reviews

Marginal note:Additional information — affidavit and contents

• 17 (1) When, in the context of a re-evaluation or special review, the Minister considers additional information under paragraph 19(1)(c) of the Act that is not publicly available, the registrant must be given access to that information by the Minister for the purpose of making representations under that paragraph with respect to the information, if the registrant submits to the Minister an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits that

  • (a) identifies the information to which access is being requested;

  • (b) acknowledges that the access is given only for the purpose of enabling the registrant to make representations to the Minister with respect to the information;

  • (c) states that the registrant will not use the information or make it available to any person for any other purpose; and

  • (d) states that the information and any copies of it will be returned to the Minister when the stated purpose has been achieved.

• Marginal note:Copying or other use

  (2) The registrant to whom access to additional information is given under subsection (1) must not use the information or provide it to any person for any purpose other than to make representations under paragraph 19(1)(c) of the Act with respect to the information.

• Marginal note:Return of information

  (3) Additional information to which access is given under subsection (1) and any copies of it must be returned to the Minister by the registrant immediately after they have made their representations with respect to the information.

Protection of Test Data

Interpretation

Marginal note:Definitions

17.1 The following definitions apply in sections 17.2 to 17.94.

agreement

entente

agreement means an agreement described in subsection 66(1) of the Act. (entente)

compensable data

données soumises à des droits d’utilisation

compensable data means test data other than the following:

• (a) test data that was submitted to support the registration of a new active ingredient and the pest control products associated with that ingredient, including any test data that was part of the additional information reported under section 12 of the Act in relation to that ingredient and those products;

• (b) test data that is included in a scientific study that has been published; and

• (c) test data that is generated by a scientific study that is fully funded by a government or one of its institutions. (données soumises à des droits d’utilisation)

crop group

groupe de cultures

crop group means a group of crops in which the residues at harvest are similar, based on similarities in appearance, harvestable commodity, edible portions and growth habits. (groupe de cultures)

letter of access

lettre d’accès

letter of access means a document that is signed by a registrant in which the registrant authorizes a named person to use or rely on identified test data. (lettre d’accès)

letter of confirmation of source

lettre de confirmation de source

letter of confirmation of source means a document that is signed by a registrant in which the registrant confirms that they have agreed to provide an identified registered pest control product to a named person. (lettre de confirmation de source)

minor use

usage limité

minor use, in respect of a pest control product, means a use the demand for which originates with a grower or a group of growers and which product is intended to be used on a particular pest in connection with a particular host organism, in all of the following circumstances:

• (a) the use is for an agricultural purpose;

• (b) a federal or provincial agricultural authority supports the use; and

• (c) the use is supported by crop residue data or dislodgeable foliar data. (usage limité)

representative crop

culture répresentative

representative crop means a crop in a crop group from which extrapolations of residue levels and maximum residue limits may be made to one or more crops in the group. (culture répresentative)

test data

données d’essai

test data means test data that is included in the information used by the Minister in any of the following circumstances:

• (a) to support an application to register a pest control product or to amend a registration under section 7 or 12 of the Act;

• (b) in response to a notice delivered to the registrant under subsection 16(3), 18(1) or 19(1) of the Act; or

• (c) in support of a registration before June 28, 2006. (données d’essai)

Application

Marginal note:Equivalent active ingredients

17.2 Sections 17.1 and 17.3 to 17.94 apply only to applications to register a pest control product whose active ingredient has been determined by the Minister under subsection 7(2) of the Act to be equivalent to the active ingredient of a registered pest control product.

Marginal note:Re-evaluations and special reviews

17.3 Sections 17.1, 17.2 and 17.4 to 17.94 apply, with any necessary modifications, to a registrant who wishes to use or rely on test data of another registrant for the purpose of subsection 16(5) or 18(3) of the Act.

Marginal note:Non-application — product copies

17.4 When an applicant wishes to use or rely on test data of a registrant in order to register a pest control product that is equivalent to the registrant’s product, using a pest control product provided by that registrant, sections 17.5 to 17.94 do not apply if

• (a) the registrant provides the Minister with a letter of confirmation of source; and

• (b) the only pest control product used in the manufacture of the applicant’s product is the one provided by that registrant.

Exclusive Use

Marginal note:Exclusive use period

• 17.5 (1) The registrant of a new active ingredient has the exclusive use of the following test data for 10 years after the date of registration:

  • (a) test data that was provided in support of the initial application to register the active ingredient;

  • (b) test data that was provided in support of a concurrent application to register a pest control product that contains that active ingredient; and

  • (c) test data that was included in any additional information that was reported to the Minister under section 12 of the Act in relation to those applications.

• Marginal note:Exclusive use — compounds and substances

  (2) The registrant of a new pest control product described in paragraph 2(b) has the exclusive use of the test data submitted in support of the initial application to register it, for 10 years after the date of registration, if the product has never been an ingredient in a registered pest control product.

• Marginal note:Extension — minor uses

  (3) The Minister must extend the exclusive use period in all of the following circumstances:

  • (a) the registrant

    • (i) includes minor uses in an application to register a pest control product referred to in paragraph (1)(b), or

    • (ii) on or after August 1, 2007 but in any case within seven years after the date of registration of a pest control product referred to in paragraph (1)(b), either makes an application to amend that registration to add minor uses or makes an application, that includes minor uses, to register a new pest control product that contains the same active ingredient;

  • (b) the registrant requests an extension of the period, within eight years after the date of registration; and

  • (c) the Minister determines that the proposed minor uses are minor uses, as defined in section 17.1, and approves their addition to the registration.

• Marginal note:Calculation of extension

  (4) The following rules apply when calculating an extension:

  • (a) the exclusive use period is extended at the rate of one year for each three minor uses that are added to the registration, to a maximum total period of 15 years; and

  • (b) the maximum number of minor uses in respect of a crop group is the number of representative crops in the crop group.

• Marginal note:When minor use withdrawn or removed

  (5) A one-year extension is cancelled if the registrant withdraws a minor use from their registration, or the Minister amends the registration and removes a minor use, such that the remaining number of minor uses is insufficient to support the extension.

Marginal note:Letter of access

17.6 During the exclusive use period, an applicant may use or rely on test data of a registrant in an application to register a pest control product or amend a registration if the registrant provides the applicant with a letter of access.

Agreements

Marginal note:Conditions — use or reliance

• 17.7 (1) Subject to subsection 17.94(2), an applicant may use or rely on compensable data of a registrant if they pay compensation to the registrant in accordance with an agreement for the relevant period described in subsection (2) and provide the Minister with a copy of a letter of access.

• Marginal note:Compensable period

  (2) Compensation is payable in respect of the following compensable data that is submitted to or considered by the Minister for the first time, for the following periods:

  • (a) in the case of test data that supports an application to register a pest control product whose active ingredient is already registered, for 12 years after the date of the application;

  • (b) in the case of test data that supports an application to amend a registration, for 12 years after the date of the application;

  • (c) in the case of test data submitted in response to a notice delivered to the registrant under subsection 16(3), 18(1) or 19(1) of the Act, for 12 years after the date on which the Minister receives the data; and

  • (d) subject to subsection (3), in the case of foreign test data considered by the Minister in the course of a re-evaluation or special review, for 12 years after the date on which the Minister initiates the re-evaluation or special review.

• Marginal note:Condition — foreign test data

  (3) Foreign test data is compensable only if the registrant is able to provide the Minister with the foreign test data on request.

Marginal note:Minister to identify compensable data

• 17.8 (1) For the purpose of subsection 7(2) of the Act, the Minister must provide the applicant with a list of the compensable data that they may use or rely on and in respect of which they will need to enter into an agreement with the registrant.

• Marginal note:Request to enter agreement

  (2) On receipt of the list of compensable data, the applicant may send a copy of an agreement to the registrant to enter into with respect to such of that data that they wish to use or rely on, by certified or registered mail or any other method of delivery that provides proof of delivery.

Negotiation and Arbitration

Marginal note:Agreement entered into

• 17.9 (1) On delivery of the proposed agreement, the applicant and the registrant must enter into the agreement and begin to negotiate the compensation payable in respect of the data that the applicant wishes to use or rely on.

• Marginal note:Negotiation period

  (2) The parties must reach a negotiated settlement with respect to the compensation payable within 120 days after delivery of the agreement.

• Marginal note:Extension

  (3) If the parties fail to reach a negotiated settlement within the 120-day period, they may continue negotiating if they both agree to do so.

Marginal note:When no negotiated settlement — notice of arbitration

• 17.91 (1) If the parties fail to conclude a negotiated settlement in accordance with section 17.9, the applicant may, by notice in writing delivered to the registrant, submit the determination of the compensation payable to binding arbitration in accordance with the agreement.

• Marginal note:Parties’ offers in writing

  (2) The notice must include the last offers of the parties, if they were presented in writing at the end of the negotiation.

• Marginal note:Method of delivery

  (3) The notice must be delivered by certified or registered mail or any other method of delivery that provides proof of delivery.

• Marginal note:Arbitral award

  (4) An arbitral award must be made within 120 days after delivery of the notice, unless the parties agree to an extension.

Marginal note:When no offer in writing

17.92 If the registrant does not put their last offer in writing at the end of the negotiation, the applicant may make the request referred to in subsection 17.93(1) without having to meet the conditions set out in section 17.93.

Marginal note:Conditions on early registration

• 17.93 (1) If a negotiation ends without a negotiated settlement, the applicant may, once a notice referred to in section 17.91 has been delivered, use or rely on the compensable data and request that the Minister register their product in the absence of a letter of access, if the following conditions are met:

  • (a) the applicant enters into an escrow agreement with a third party;

  • (b) the third party is a person who is entitled under the laws of a province to receive and hold money on behalf of another person;

  • (c) pursuant to the escrow agreement, the applicant deposits with the third party an amount of money equal to the registrant’s last offer referred to in subsection 17.91(2); and

  • (d) the escrow agreement contains all of the following terms:

    • (i) the third party holds the money until it is payable in accordance with the escrow agreement,

    • (ii) on receipt of a copy of the registration certificate, the third party pays the registrant an amount equal to the applicant’s last offer referred to in subsection 17.91(2),

    • (iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the registrant the amount determined in that settlement or award, less the amount paid under subparagraph (ii), and

    • (iv) the third party pays any remaining balance to the applicant.

• Marginal note:Copy and proof to Minister

  (2) The applicant must send the Minister both a copy of the escrow agreement and proof that the applicant has deposited the money with the third party in accordance with paragraph (1)(c).

Marginal note:Letter of access

• 17.94 (1) On the determination of the compensation payable, whether by negotiated settlement or arbitral award, the registrant must provide the applicant with a letter of access in accordance with the settlement or award.

• Marginal note:Failure to provide letter of access

  (2) If the registrant fails to provide the letter of access, the applicant may use or rely on the compensable data without having to comply further with the negotiated settlement or arbitral award.

Emergency Registration

Marginal note:Validity period and exemption

18 Despite section 13, if a pest control product is registered for, or the registration of a pest control product is amended to permit its use in, the emergency control of a seriously detrimental infestation,

• (a) the validity period must not be longer than one year and may not be extended;

• (b) subsections 28(1) and 35(1) and paragraphs 42(2)(c) to (f) of the Act do not apply; and

• (c) the registration may not be renewed.

Standards

Marginal note:Trifluralin

19 A pest control product that contains trifluralin (2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)benzenamine) as its active ingredient or that contains an active ingredient that is based on or derived from trifluralin must not contain N-nitrosodi-n-propylamine (NDPA) in excess of one part per million parts of trifluralin.

Denaturation

Marginal note:When required

20 If the physical properties of a pest control product are such that its presence may not be detected when it is used and as a result it could expose a person or domestic animal to a severe health risk, the pest control product must be denatured by means of colour, odour or any other means specified as a condition of registration by the Minister under paragraph 8(1)(a) of the Act to provide a signal or warning as to its presence.

Advertising

Marginal note:Prohibition

21 A word or an expression that states or implies that the Government of Canada or any of its departments or agencies promotes, endorses or recommends the use of a pest control product must not appear on the package of, or in any advertisement for, a pest control product.

Labels

General

Marginal note:Official languages

• 22 (1) Subject to subsection (3), all information on a label must be in both English and French.

• (2) [Repealed, SOR/2014-24, s. 11]

• Marginal note:Exception — products destined abroad

  (3) The information on the label of a registered pest control product that is not authorized to be manufactured, imported, sold or used in Canada may be in either English or French, or in both.

Marginal note:Label — presentation

• 23 (1) All information that is required to be shown on a label must appear in a manner that is clearly legible and indelible.

• Marginal note:Marketplace label — additional information

  (2) Any graphic design or symbol that relates to the pest control product may be shown on the marketplace label if it does not detract from or obscure the required information.

Marginal note:Diseases of humans

• 24 (1) A label must not represent a pest control product as a treatment, preventive or cure for any disease, disorder or abnormal physical state listed in Schedule A to the Food and Drugs Act.

• Marginal note:Diseases of domestic animals

  (2) A label must not represent a pest control product as a treatment, preventive or cure for any disease, as defined in subsection 2(1) of the Health of Animals Act, that is required to be reported under that Act.

Display Panel

Marginal note:Principal and secondary display panels

25 The display panel of a registered pest control product must consist of the principal display panel and the secondary display panel.

Marginal note:Principal display panel

• 26 (1) Unless otherwise specified by the Minister under subsection 8(2) of the Act, the principal display panel of a registered pest control product must show all of the following information:

  • (a) the product name of the pest control product, which may include a distinctive brand or trade-mark and the common chemical name of its active ingredient, if established;

  • (b) the product type of the pest control product, which must be descriptive of its purpose;

  • (c) the physical form of the pest control product;

  • (d) the product class designation of the pest control product as set out in section 5;

  • (e) information concerning the nature and degree of hazard inherent in the pest control product, which must identify the nature and degree of hazard by appropriate precautionary symbols and signal words selected from Schedule 3, together with a statement that indicates the nature of the primary hazard to which the symbol relates;

  • (f) the statement “READ THE LABEL BEFORE USING.”;

  • (g) if the pest control product has the product class designation “DOMESTIC”, the statement “KEEP OUT OF THE REACH OF CHILDREN.”;

  • (h) a guarantee statement, as follows:

    • (i) the word “GUARANTEE”, followed by a colon,

    • (ii) 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,

    • (iii) the concentration of the active ingredient, expressed, if the pest control product is

      • (A) a liquid, as a percentage by mass, or as mass per unit volume, or both, as specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act,

      • (B) a dust, wettable powder or other dry formulation, as a percentage by mass, or

      • (C) neither a liquid nor a dry formulation, in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, and

    • (iv) the viscosity, specific gravity, particle size or any other property or characteristic that the Minister may specify in the conditions of registration under paragraph 8(1)(a) of the Act;

  • (i) the registration number of the pest control product, as follows: “REGISTRATION NO. (assigned registration number) PEST CONTROL PRODUCTS ACT” or “REG. NO. (assigned registration number) P.C.P. Act”;

  • (j) a declaration of net quantity of the product in the package, expressed

    • (i) by volume, if the product is a liquid or gas or is viscous,

    • (ii) by mass, if the product is a solid or pressure-packed, and

    • (iii) in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, in any other case;

  • (k) the registrant’s name; and

  • (l) the name, postal address and telephone number of a contact person in Canada to which public inquiries may be directed.

• Marginal note:Secondary display panel

  (2) Unless otherwise specified by the Minister under subsection 8(2) of the Act, the secondary display panel of a registered pest control product must show all of the following information:

  • (a) under the heading “DIRECTIONS FOR USE”, the directions for the use of the pest control product, including application rates, timing and frequency of application, and any limitations on its use;

  • (b) information that identifies any significant risk associated with the handling, storage, display, distribution and disposal of the pest control product, and instructions on procedures to reduce those risks and, if specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, instructions on decontamination procedures and disposal of the pest control product and its empty packages;

  • (c) under the heading “PRECAUTIONS”, information that identifies any significant risk to health, the environment or anything in connection with which the pest control product is to be used, and instructions on procedures to reduce that risk;

  • (d) under the heading “PRECAUTIONS”, the following statement:

    • (i) if the pest control product does not have the product class designation “DOMESTIC”: “KEEP OUT OF THE REACH OF CHILDREN.”, or

    • (ii) if the pest control product is to be used only in the manufacture of another pest control product: “PREVENT ACCESS BY UNAUTHORIZED PERSONNEL.”;

  • (e) under the heading “FIRST AID”, instructions that

    • (i) set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product, and

    • (ii) include the statement “Take the container label or product name and Pest Control Product Registration Number with you when seeking medical attention.”;

  • (f) under the heading “TOXICOLOGICAL INFORMATION”, information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product that includes all of the following:

    • (i) antidotes and remedial measures or, if no specific antidote or remedial measure exists, the statement “Treat symptomatically.”,

    • (ii) a description of the symptoms of poisoning or intoxication, and

    • (iii) a list of the components of the product, not including the active ingredient, that may affect the treatment; and

  • (g) the following notice to users: “NOTICE TO USER: This pest control product is to be used only in accordance with the directions on the label. It is an offence under the Pest Control Products Act to use this product in a way that is inconsistent with the directions on the label. The user assumes the risk to persons or property that arises from any such use of this product.”

27 [Repealed, SOR/2014-24, s. 14]

Marginal note:Brochures or leaflets

28 If, under subsection 8(2) of the Act, the Minister specifies in the conditions of registration relating to the label that information required by these Regulations to be shown on the principal and secondary display panels may instead be shown in a brochure or leaflet that accompanies the pest control product, the following requirements must be met:

• (a) the principal display panel must have prominently shown on it the statement “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING.”; and

• (b) the brochure or leaflet must contain all of the information that is to be shown on the principal and secondary display panels in addition to the specified information.

Marginal note:Product class designation “RESTRICTED” — notice

• 29 (1) If the principal display panel shows the product class designation “RESTRICTED”, the notice that is required by paragraph 26(2)(g) must appear prominently at the top of the secondary display panel, followed by the heading “RESTRICTED USES”, followed by the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates. All of the foregoing must be circumscribed by a line to set the information apart from all other information that is required to be shown on the secondary display panel.

• Marginal note:Product class designation “RESTRICTED” — brochure or leaflet

  (2) Despite subsection (1), if the principal display panel shows the product class designation “RESTRICTED”, the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates, together with the information required by paragraphs 26(1)(a) to (l) and (2)(a) and (c) may, if specified by the Minister in the conditions of registration relating to the label under subsection 8(2) of the Act, be shown instead in a brochure or leaflet that accompanies the pest control product.

Prescribed Devices

Marginal note:Requirements

30 The label for a pest control product that is a device of a type described in Schedule 1 must contain the information set out in paragraphs 26(1)(i), (k) and (l) and (2)(a) to (c).

Bulk Containers

Marginal note:Required information

• 31 (1) If a pest control product is distributed in a bulk container, the information required by paragraphs 26(1)(a) to (d) and (h) to (l) and (2)(e) and (f) must be shown

  • (a) on the bulk container; and

  • (b) on the documents that accompany the shipment.

• Marginal note:Additional information

  (2) If a pest control product is distributed in a bulk container directly to a user of the product, the information required by paragraph 26(1)(e) must also be shown in accordance with paragraphs (1)(a) and (b).

Units of Measurement

Marginal note:Metric units

• 32 (1) Quantities shown on a label must be expressed in metric units.

• Marginal note:Decimal system

  (2) The declaration of net quantity must be shown in the decimal system to three figures, except that, if the net quantity is less than 100 g, 100 mL, 100 cm³, 100 cm² or 100 cm, it may be shown truncated to two decimal figures, and, in either case, any final zero that appears to the right of the decimal point need not be shown.

• Marginal note:Net quantity less than one

  (3) A net quantity that is less than one must be shown in the decimal system, with a zero before the decimal point, or in words.

• Marginal note:Metric units

  (4) The metric units in the declaration of net quantity must be shown

  • (a) in millilitres, if the net volume of the pest control product is less than 1 000 mL, except that 500 mL may be shown as 0.5 L;

  • (b) in litres, if the net volume is 1 000 mL or more;

  • (c) in grams, if the net mass is less than 1 000 g, except that 500 g may be shown as 0.5 kg; and

  • (d) in kilograms, if the net mass is 1 000 g or more.

• Marginal note:Optional Canadian units of measurement

  (5) In addition to being expressed in accordance with subsection (1), quantities shown on a label may also be expressed in the Canadian units of measurement set out in Schedule II to the Weights and Measures Act.

Packaging

Marginal note:Packages

• 33 (1) The package of a pest control product must be constructed to contain the product safely under normal conditions of storage, display and distribution.

• Marginal note:Safe access to contents

  (2) Every package must be constructed to permit

  • (a) the withdrawal of any or all of the contents in a manner that is safe to the user; and

  • (b) the closing of the package in a manner that will contain the pest control product safely under normal storage conditions.

• Marginal note:Minimize degradation

  (3) Every package must be constructed to minimize the degradation or change of its contents.

• Marginal note:When package essential to safety

  (4) If the package is essential to the safe and effective use of the pest control product, it must be constructed to meet any specifications that the Minister may specify in the conditions of registration under paragraph 8(1)(a) of the Act.

Storage and Display

• 34 (1) [Repealed, SOR/2014-24, s. 15]

• Marginal note:Procedure to avoid contamination

  (2) Pest control products that bear the signal word POISON superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3 must not be stored or displayed with human food or animal feed, but must be stored or displayed in a separate room or be separated in such a way as to avoid any possible contamination of the food or feed.

Distribution

Marginal note:Conditions on documents

35 When conditions of registration that relate to the distribution of a pest control product are specified by the Minister under paragraph 8(1)(a) of the Act, those conditions must be shown on the documents that accompany the shipment.

Import

General

Marginal note:Declaration and contents

• 36 (1) The importer of a pest control product — except a foreign product that is the subject of a foreign product use certificate — must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out all of the following information:

  • (a) the name and postal address of the shipper;

  • (b) the product name of the pest control product;

  • (c) the chemical, common chemical or other name of the active ingredient of the pest control product and the amount of it contained in the product;

  • (d) the total amount of the pest control product being imported;

  • (e) the name and address of the importer; and

  • (f) the purpose of the importation, as follows:

    • (i) “For Resale”, together with the registration number of the pest control product, if it is registered and is being imported for resale,

    • (ii) “For Manufacturing Purposes”, if the pest control product is being imported for use in the manufacture of a registered pest control product, and

    • (iii) “For Research Purposes”, if the pest control product is being imported for research purposes.

    • (iv) [Repealed, SOR/2014-24, s. 16]

• Marginal note:Retention

  (2) The information set out in a declaration must be kept for two years after the importation of the pest control product in respect of which the declaration was made.

Use of Foreign Products

Requirements

Marginal note:Procedure

37 For the purpose of subsection 41(1) of the Act, the following requirements must be met before the use of a foreign product may be authorized:

• (a) the Minister determines under section 38 that the foreign product is equivalent to a registered pest control product;

• (b) the Minister issues a certificate of equivalency under subsection 39(1) with respect to the foreign product;

• (c) the Minister approves the foreign product use label under section 40; and

• (d) the person who wishes to use the foreign product applies to the Minister for an authorization in accordance with subsections 41(1) and (2).

Product Equivalency

Marginal note:Conditions

• 38 (1) Subject to subsection (4), the Minister may determine that a foreign product is equivalent to a registered pest control product if all of the following conditions are met:

  • (a) a grower or group of growers requests the Minister to make the determination;

  • (b) four not-for-profit Canadian national grower associations support the request;

  • (c) the person who makes the request provides the Minister with all of the information listed in subsection (4);

  • (d) the foreign product meets the requirements of subsection (2); and

  • (e) the registered pest control product meets the requirements of subsection (3).

• Marginal note:Eligibility — foreign products

  (2) A foreign product must meet all of the following requirements to be considered when making a determination of equivalency:

  • (a) it is not an organism;

  • (b) it is not under review in the foreign country where it is registered with respect to its health and environmental risks and is being sold in that country;

  • (c) it does not contain an active ingredient that is under special review in Canada; and

  • (d) it is manufactured by a person who is related to the registrant of the registered pest control product, within the meaning of the definition related persons in subsection 251(2) of the Income Tax Act, whether the related person is located in or outside Canada.

• Marginal note:Eligibility — registered pest control products

  (3) A registered pest control product must meet both of the following requirements to be considered when making a determination of equivalency:

  • (a) it does not have the product class designation “RESTRICTED” described in paragraph 5(c); and

  • (b) none of the test data described in paragraphs 17.5(1)(a) to (c) that support its registration are subject to the exclusive use of the registrant.

• Marginal note:Preliminary steps

  (4) Before making the determination of equivalency, the Minister must first find that the foreign product and the registered pest control product are sufficiently similar so as to justify proceeding with the determination, based on the following preliminary information:

  • (a) the name and registration number of the registered pest control product, the name and product identifier of the foreign product and the name of the country where the foreign product is registered;

  • (b) the name of the registrant of the registered pest control product and the name of the holder of the registration of the foreign product;

  • (c) the labels of both products;

  • (d) the information described in subparagraphs 26(1)(h)(ii) to (iv) with respect to both products;

  • (e) their type of formulation;

  • (f) their type of package;

  • (g) the health and environmental risks that were evaluated by the regulatory body that registered the foreign product; and

  • (h) the standard of acceptability of risk that was applied by that regulatory body.

• Marginal note:Further information

  (5) If the Minister finds that the foreign product is sufficiently similar to the registered pest control product, the Minister must so inform the registrant and request that they provide the Minister with the following information, in respect of both the registered pest control product and the foreign product:

  • (a) the composition of all formulations of the end-use products and of the technical grade active ingredients used in their manufacture, which, in the case of the registered pest control product and its active ingredient, must be the composition specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act;

  • (b) the name of the manufacturer of the active ingredient that is used to manufacture each of the products and the address of the place where each active ingredient is manufactured;

  • (c) the name of the manufacturer of the formulation of each end-use product and the address of the place where each formulation is manufactured;

  • (d) the information described in subparagraphs 26(1)(h)(ii) to (iv); and

  • (e) product safety information relevant to their use in the workplace, if any.

• Marginal note:Additional information

  (6) If the information provided under subsection (5) with respect to the registered pest control product or the foreign product is insufficient to enable the Minister to make the determination, the Minister may request additional relevant information from the registrant in order to make the determination.

• Marginal note:Written consent of registrant

  (7) Instead of providing the information required by subsection (5), the registrant may provide their written consent to the Minister to use or rely on any information that they had previously provided to the Minister.

• Marginal note:Notice of no further action

  (8) If the Minister is unable to obtain the information from the registrant under subsection (5) or the consent of the registrant under subsection (7), the Minister must notify the person who made the request that no further steps will be taken by the Minister and place a copy of that notice in the Register.

• Marginal note:Resumption of request by any person

  (9) In the circumstances described in subsection (8), paragraph (2)(d) does not apply and any person may, within two years after the notice is placed in the Register, request that the Minister make the determination of equivalency and for that purpose must provide the Minister with either

  • (a) all of the following information:

    • (i) with respect to the registered pest control product, a detailed and comprehensive analysis with an accompanying description of methodology and analytical validation that permits the determination of the acceptability of procedures, results and conclusions concerning the composition of the product, including the identity and concentration of its active ingredient and formulants, and of any contaminants in the active ingredient, and

    • (ii) with respect to any foreign product, the information described in subsection (5); or

  • (b) with respect to both the registered pest control product and any foreign product, a detailed and comprehensive analysis with an accompanying description of methodology and analytical validation that permits the determination of the acceptability of procedures, results and conclusions concerning the composition of both products, including the identity and concentration of their active ingredients and formulants, and of any contaminants in the active ingredients.

• Marginal note:Additional information

  (10) If the information provided under subsection (9) is insufficient to enable the Minister to make the determination, the Minister may request additional relevant information from the person who made the request in order to make the determination.

Certificates of Equivalency

Marginal note:Issuance

• 39 (1) If the Minister determines that a foreign product is equivalent to a registered pest control product, the Minister must issue a certificate of equivalency and place it in the Register.

• Marginal note:Validity

  (2) A certificate of equivalency is valid until December 31 in the second year after the year in which it is issued and may be reissued with respect to the same two products in accordance with the requirements of section 38. A certificate of equivalency ceases to be valid in any of the following circumstances:

  • (a) the basis on which the foreign product and the registered pest control product were determined to be equivalent no longer applies;

  • (b) any of the requirements set out in subsection 38(2) or (3) are no longer met;

  • (c) the registration of the registered pest control product is cancelled or expires and the sale and use of that product is no longer authorized under the Act; or

  • (d) the foreign product is no longer registered in the country referred to in paragraph 38(2)(b).

Marginal note:Foreign product use label

• 40 (1) When the Minister issues a certificate of equivalency, she or he must also approve a foreign product use label.

• Marginal note:Brochures or leaflets

  (2) If the Minister permits the directions for use to be shown instead in a brochure or leaflet that must accompany the foreign product, the following requirements must be met:

  • (a) the label must have prominently shown on it the statement “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING.”; and

  • (b) the brochure or leaflet must contain all of the information that is otherwise required to be shown on the label.

Authorizations to Use a Foreign Product

Marginal note:Application for authorization

• 41 (1) A person who wishes to use a foreign product in respect of which a certificate of equivalency is in effect must apply to the Minister for an authorization under subsection 41(1) of the Act.

• Marginal note:Contents

  (2) The application must include all of the following information:

  • (a) the person’s name, address and signature;

  • (b) the name of the foreign product;

  • (c) the number of the applicable certificate of equivalency;

  • (d) a description of the intended use of the foreign product and the location where it will be used; and

  • (e) the quantity of the foreign product required for that intended use for one growing season.

• Marginal note:Issuance of certificate

  (3) If the Minister authorizes the use of the foreign product, she or he must issue a foreign product use certificate that sets out all of the following information:

  • (a) the identity of the certificate holder;

  • (b) the amount of the foreign product that may be imported and used under the certificate; and

  • (c) the location where the foreign product is to be used by the certificate holder.

• Marginal note:Validity

  (4) A foreign product use certificate is valid for only one growing season and for only one importation. It is valid for one year after the day on which it is issued but ceases to be valid if the applicable certificate of equivalency ceases to be valid.

• Marginal note:Not transferable

  (5) A foreign product use certificate is not transferable.

Marginal note:Importation of foreign product

• 42 (1) A person may import a foreign product whose use is authorized if all of the following conditions are met:

  • (a) the person holds a foreign product use certificate;

  • (b) that certificate holder purchases the product directly from the foreign source without the intervention of an agent or mandatary;

  • (c) before the importation, the certificate holder provides the Minister with all of the following information:

    • (i) the proposed date of the importation,

    • (ii) the name of the person who will transport the foreign product into Canada, and

    • (iii) the name of the entry point;

  • (d) immediately after the importation of the foreign product but in any case before its use, the certificate holder affixes to it a copy of the approved foreign product use label, in a way that its product identifier that relates to its registration outside Canada remains visible at all times, and ensures that a copy of any brochure or leaflet that sets out the directions for use accompanies the product; and

  • (e) the quantity of the product imported does not exceed the amount set out in the foreign product use certificate.

• Marginal note:Pooled purchases

  (2) Two or more persons may together import in one shipment their authorized quantities of foreign products set out in their respective foreign product use certificates if the importation meets the conditions of subsection (1).

• Marginal note:Transport

  (3) The person who transports the foreign product into Canada must carry it to the location of use specified in the foreign product use certificate and have the following documents in their possession:

  • (a) proof of purchase in respect of each quantity of foreign product in the shipment, including the name of the foreign source from whom it was purchased; and

  • (b) copies of all of the relevant foreign product use certificates.

Register

Marginal note:Information in Register

43 The Minister must place all of the following information in the Register with respect to every request for the determination of equivalency made under section 38:

• (a) the name of the person who made the request and the date on which it was made;

• (b) the name of the registered pest control product and its registration number;

• (c) the name of the foreign product, its product identifier and the name of the country where it is registered; and

• (d) the outcome of the request, including the reasons.

Records

Marginal note:Requirements

• 44 (1) The holder of a foreign product use certificate must keep records that contain all of the following information in respect of each foreign product that they import and use:

  • (a) a copy of the certificate;

  • (b) the name and quantity of the foreign product;

  • (c) the method of empty container disposal;

  • (d) the method of disposal of any unused foreign product;

  • (e) proof of purchase of the foreign product and the name of the foreign source from which it was purchased;

  • (f) the name of the person who transported the foreign product into Canada; and

  • (g) the date of importation.

• Marginal note:Retention

  (2) The records must be kept for five years after the end of the year in which the foreign product use certificate that relates to the product expires or ceases to be valid.

• Marginal note:Production of records

  (3) The records must be made available to the Minister on request.

45 [Repealed, SOR/2014-24, s. 17]

Research

Manufacture for Research

Marginal note:Non-application of subsection 6(1) of the Act

46 Subsection 6(1) of the Act does not apply to the manufacture of a pest control product that is for use only in conducting research under these Regulations.

Research Authorization

Marginal note:Application of certain provisions to research

47 Sections 48 to 50 and 56 to 68 apply to an authorization under subsection 41(1) of the Act to use an unregistered pest control product for the purpose of research.

Marginal note:Application

48 A person who seeks permission for a research establishment to conduct research must apply to the Minister to obtain a research authorization.

Marginal note:Contents

49 An application for a research authorization must include the information specified in subsections 6(1) and (3) in addition to all of the following:

• (a) an electronic copy of the proposed experimental label;

• (b) a copy of the research plan; and

• (c) any other information described in section 8 that the Minister may require to evaluate the health and environmental risks posed by the proposed research.

Marginal note:Authorization

• 50 (1) Before the Minister authorizes the use of a pest control product for the purpose of research under subsection 41(1) of the Act, the Minister must consider the health and environmental risks and whether the proposed experimental label meets the requirements of section 60.

• Marginal note:Issuance of research authorization certificate

  (2) When the Minister authorizes the use of a pest control product to conduct research, the Minister must issue a research authorization certificate to the research establishment that sets out the conditions specified under subsection 41(1) of the Act, including those that relate to the experimental label.

Research Notification

Marginal note:Exemption

51 A research establishment is exempt from the application of subsection 6(1) of the Act and section 48 if the Minister confirms under section 54 that the proposed research meets all of the criteria set out in section 53.

Marginal note:Notice and contents

52 A research establishment that wishes to obtain confirmation under section 54 must notify the Minister by providing the information specified in subsections 6(1) and (3) in addition to both of the following:

• (a) an electronic copy of the proposed experimental label; and

• (b) a copy of the research plan.

Marginal note:Criteria

53 The following are the criteria referred to in section 51:

• (a) the research does not involve the use of a semiochemical;

• (b) in the case of research that involves the use of a chemical pest control product,

  • (i) it does not involve the use of an antimicrobial agent,

  • (ii) it does not involve aerial application,

  • (iii) it does not involve the application of a pest control product to water or to a place where runoff water may remove residues from the research site,

  • (iv) it does not involve the use of a pest control product in any of the following areas:

    • (A) greenhouses,

    • (B) residential areas, including lawns, gardens and parks,

    • (C) industrial premises, and

    • (D) food-handling areas,

  • (v) it does not involve the use of a pest control product for either

    • (A) structural pest control, or

    • (B) fumigation,

  • (vi) it does not involve the use of a pest control product that contains a formulant that is on Part I of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

  • (vii) in the case of a pest control product that contains an unregistered active ingredient, the application of the product is carried out only by a researcher

    • (A) on 5 to 50 ha of land owned or operated by a research establishment, or

    • (B) on 1 to 5 ha of land owned or operated by a cooperator, and

  • (viii) in the case of a pest control product that contains a registered active ingredient,

    • (A) the application of the pest control product is carried out by a researcher or cooperator on 10 to 50 ha of land owned or operated by a research establishment or a cooperator, and

    • (B) there is a reasonable expectation that the research will not increase occupational exposure above the level that is expected when the pest control product is used in accordance with its conditions of registration; and

• (c) in the case of research that involves the use of a microbial agent,

  • (i) it does not involve aerial application,

  • (ii) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

  • (iii) the micro-organism is indigenous to the area where it is intended to be used, and

  • (iv) the application of the pest control product is carried out on a maximum of 10 ha of land owned or operated by a research establishment or, in the case of an aquatic application, on a body of water that has a maximum of 1 ha of surface area and that is wholly contained on land owned or operated by a research establishment.

Marginal note:Issuance of research notification certificate

54 If the Minister confirms that the proposed research meets the criteria set out in section 53 and the proposed experimental label meets the requirements of section 60, the Minister must issue a research notification certificate to the research establishment.

Exemptions and Conditions

Marginal note:Exemption — research solely in laboratory

• 55 (1) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48, 52 and 59 to 63 if the research is conducted solely in a laboratory.

• Marginal note:Exemption and criteria — research not solely in laboratory

  (2) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48 and 52 if all or part of the research is conducted outside a laboratory and meets all of the following criteria:

  • (a) it does not involve the use of a microbial agent;

  • (b) in the case of research that involves the use of a chemical pest control product,

    • (i) it does not involve the use of an antimicrobial agent,

    • (ii) it does not involve aerial application,

    • (iii) it does not involve the application of a pest control product to water or to a place where runoff water may remove residues from the research site,

    • (iv) it does not involve the use of a pest control product in any of the following areas:

      • (A) greenhouses,

      • (B) residential areas, including lawns, gardens and parks,

      • (C) industrial premises, and

      • (D) food-handling areas,

    • (v) it does not involve the use of a pest control product for either

      • (A) structural pest control, or

      • (B) fumigation,

    • (vi) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (vii) in the case of a pest control product that contains an unregistered active ingredient, the application of the product is carried out only by a researcher

      • (A) on a maximum of 5 ha of land owned or operated by a research establishment, or

      • (B) in the case of land owned or operated by a cooperator, on a maximum of 1 ha or 5% of the total area of the crop under research, whichever is less, and

    • (viii) in the case of a pest control product that contains a registered active ingredient,

      • (A) the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or a cooperator, or on a maximum of 20% of the total area of the crop under research, whichever is less, and

      • (B) there is a reasonable expectation that the research will not increase occupational exposure above the level that is expected when the pest control product is used in accordance with its conditions of registration; and

  • (c) in the case of research that involves the use of a semiochemical,

    • (i) it does not involve aerial application,

    • (ii) it does not involve the application of a pest control product to water,

    • (iii) it does not involve the use of a pest control product in any of the following areas:

      • (A) greenhouses,

      • (B) residential areas, including lawns, gardens and parks,

      • (C) industrial premises, and

      • (D) food-handling areas,

    • (iv) it does not involve the use of a pest control product for either

      • (A) structural pest control, or

      • (B) fumigation,

    • (v) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (vi) in the case of a pest control product that contains an unregistered active ingredient, other than an arthropod pheromone, the application of the product is carried out only by a researcher on a maximum of 5 ha of land owned or operated by a research establishment,

    • (vii) in the case of a pest control product that contains a registered active ingredient, other than an arthropod pheromone, the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or cooperator, and

    • (viii) in the case of a pest control product that contains an active ingredient that is an arthropod pheromone,

      • (A) the application of the product is carried out on a maximum of 100 ha of land owned or operated by a research establishment or cooperator and the maximum use rate does not exceed 375 g of active ingredient per hectare per year, and

      • (B) if used in a food or feed crop, the pheromone is contained in an affixed solid matrix dispenser or in a retrievable-sized polymeric matrix dispenser, and the dispenser is not in direct contact with the crop.

General Requirements for Certificates

Marginal note:Expiry

56 A research authorization certificate and a research notification certificate expire on December 31 of the year in which they are issued, unless another expiry date is specified in the certificate.

Marginal note:Not renewable

57 Neither a research authorization certificate nor a research notification certificate is renewable.

Marginal note:Not transferable

58 Neither a research authorization certificate nor a research notification certificate is transferable.

Signage at Research Sites

Marginal note:Requirements

59 Unless otherwise specified as a condition by the Minister under subsection 41(1) of the Act, a research establishment must post signs at every research site that

• (a) show all of the following information:

  • (i) the following primary message, in both English and French:

    “PEST CONTROL EXPERIMENTAL SITE / SITE D’EXPÉRIMENTATION DE LUTTE ANTIPARASITAIRE

    DO NOT ENTER WITHOUT AUTHORIZATION. / ACCÈS INTERDIT SANS AUTORISATION

    CONTACT (contact name) AT (phone number). / S’ADRESSER À (nom du responsable) AU (n^o de téléphone).”, and

  • (ii) the research authorization certificate number or research notification certificate number, when there is one;

• (b) are visible, legible, indelible and posted at every entrance to the research site on each side of the entrance;

• (c) are posted before treatment begins and remain posted until any treated food or feed crop is harvested or as long as data are being collected; and

• (d) may include the name of the pest control product that is the subject of the research and the name and logo of its manufacturer, if they are printed smaller than the primary message.

Experimental Labels

Marginal note:Requirement

• 60 (1) A research establishment must ensure that every pest control product that is used in research is accompanied by an experimental label.

• Marginal note:Contents

  (2) An experimental label must

  • (a) show all of the information specified in section 26, except paragraphs 26(1)(d), (g), (i) and (k) and (2)(d);

  • (b) show

    • (i) the following information on the principal display panel:

      • (A) the statement “EXPERIMENTAL USE ONLY”,

      • (B) the research authorization certificate number or the research notification certificate number, when there is one, as follows:

        • (I) “RESEARCH AUTHORIZATION/NOTIFICATION NO. (assigned number) PEST CONTROL PRODUCTS ACT”, or

        • (II) “RESEARCH AUTHORIZATION/NOTIFICATION NO. (assigned number) P.C.P. ACT”,

      • (C) the statement “SALE PROHIBITED. NOT FOR DISTRIBUTION TO ANY PERSON OTHER THAN A RESEARCHER OR COOPERATOR.”,

      • (D) the statement “KEEP OUT OF THE REACH OF CHILDREN”,

      • (E) the manufacturer’s name and address, and

      • (F) when the research involves the use of a pest control product that contains a formulant that is on Part 2 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern, the statement “Warning: contains the allergen (name of allergen)”,

    • (ii) on the secondary display panel, when the research involves the use of an unregistered pest control product, in the instructions on decontamination procedures and disposal referred to in paragraph 26(2)(b), the statement “Any unused product must be returned to the manufacturer.”, and

    • (iii) on the secondary display panel, despite paragraph (a), the statement set out in subparagraph 26(2)(e)(ii) amended to read as follows: “Take the experimental label with you when seeking medical attention.”; and

  • (c) represent the intended research as described in the research plan.

• Marginal note:Exception

  (3) Despite paragraph (2)(a), when the research involves the use of a registered pest control product, the following information need not be shown on the experimental label if that label is used in conjunction with the approved label:

  • (a) the net quantity referred to in paragraph 26(1)(j);

  • (b) instructions on decontamination procedures and disposal referred to in paragraph 26(2)(b);

  • (c) information that identifies any significant risk to the environment, and instructions on procedures to reduce those risks, referred to in paragraph 26(2)(c); and

  • (d) the notice to users referred to in paragraph 26(2)(g).

Marginal note:Copies

61 A research establishment must

• (a) supply to every researcher and cooperator involved in the research a copy of the experimental label, which must be the approved experimental label if a research authorization certificate or research notification certificate has been issued; and

• (b) produce a copy of the experimental label to the Minister on request.

62 [Repealed, SOR/2014-24, s. 25]

Records

Marginal note:Contents

63 A research establishment must maintain records that contain all of the following information for each research project, for five years after the end of the project:

• (a) the name and quantity of every pest control product used;

• (b) the names of the researchers and cooperators;

• (c) the locations of the research sites;

• (d) a description of the application methods; and

• (e) the test data generated.

Import for Research Purposes

Marginal note:Conditions for import

64 A research establishment may import an unregistered pest control product for the purpose of conducting research if

• (a) the product is imported in accordance with section 36; and

• (b) the quantity being imported is not more than that specified in a research authorization certificate or research notification certificate, or, if the quantity is not so specified, the amount that is necessary to conduct the research.

Unused Pest Control Products

Marginal note:Unregistered products

65 A research establishment must return to the manufacturer any unused unregistered pest control products.

Marginal note:Registered products

66 A research establishment must return to the manufacturer any unused registered pest control product unless it is kept by the research establishment to be used by a researcher or cooperator involved in the research in a way that is consistent with the directions on the approved label.

Distribution

Marginal note:Researchers and cooperators only

67 A research establishment may not distribute a pest control product that is used in the conduct of research to any person that is not a researcher or cooperator involved in the research, except in accordance with section 65 or 66.

Marginal note:Treated food and feed crops

68 When a research authorization certificate is issued, treated food and feed crops from research sites and meat (including meat by-products and fat), milk and eggs that may contain residues as a result of the research must not be sold unless

• (a) written authorization to do so is set out on the certificate; and

• (b) in the case of research that involves the use of a chemical pest control product, residues do not exceed an amount that would result in the sale of the food being prohibited under section 4 of the Food and Drugs Act.

Marginal note:Research — section 53 criteria

69 In the case of research that meets the criteria set out in section 53 and for which a research notification certificate is issued,

• (a) in the case of research that involves the use of a chemical pest control product, treated food and feed crops from research sites and meat (including meat by-products and fat), milk and eggs that may contain residues as a result of research must not be sold unless the residues do not exceed an amount that would result in the sale of the food being prohibited under section 4 of the Food and Drugs Act; and

• (b) in the case of research that involves the use of a microbial agent, other than one that contains Bacillus thuringiensis registered for use on agricultural crops, treated food and feed crops from research sites and meat (including meat by-products and fat), milk and eggs that may contain residues as a result of research must not be sold.

Marginal note:Research — subsection 55(2) criteria

70 In the case of research that meets the criteria set out in subsection 55(2), treated food and feed crops from research sites and meat (including meat by-products and fat), milk and eggs that may contain residues as a result of research must not be sold unless

• (a) in the case of research that involves the use of a chemical pest control product, residues do not exceed an amount that would result in the sale of the food being prohibited under section 4 of the Food and Drugs Act; and

• (b) in the case of research that involves the use of a semiochemical, the research meets the criteria set out in subparagraph 55(2)(c)(viii).

Sampling

Marginal note:Representative samples

71 A sample of a pest control product that is taken by an inspector under paragraph 48(1)(b) of the Act must be representative of the lot from which it is taken and may consist of

• (a) the entire package, in the case of a liquid packaged in containers of less than 5 L;

• (b) the entire package, in the case of a dry material packaged in containers of less than 5 kg; and

• (c) the entire device, in the case of a device.

Detention

Marginal note:Detention tag

72 If a pest control product is seized under subsection 52(1) of the Act, the inspector must attach a detention tag to at least one package of the pest control product in the lot that is seized.

Transitional

Meaning of old Regulations

• 73 (1) In subsections (2) to (4), old Regulations means the Pest Control Products Regulations, C.R.C., c. 1253, as they read immediately before the coming into force of these Regulations.

• Marginal note:Deemed equivalency certificates

  (2) A letter of acceptance with respect to a pest control product that was issued by the Minister on the basis of a determination of equivalence under section 5 of the old Regulations within two years before the day on which these Regulations come into force is deemed to be an equivalency certificate issued under subsection 39(5) of these Regulations with an expiry date that is one year after that day.

• Marginal note:Completed applications

  (3) When information that is required under section 17 of the old Regulations was provided before the coming into force of these Regulations but a final registration decision has not been made when these Regulations come into force, the information requirement is deemed to have been imposed for the purpose of these Regulations by delivery of a notice under section 12 of the Act, and section 14 of these Regulations applies to the registration.

• Marginal note:Incomplete applications

  (4) When the holder of a temporary registration has not provided the information required under section 17 of the old Regulations before these Regulations come into force, they may make a new application for registration in accordance with the Act.

Repeal

74 [Repeal]

Coming into Force

Marginal note:Coming into force

75 These Regulations come into force on June 28, 2006.

SCHEDULE 3(Paragraph 26(1)(e), subsection 34(2) and Schedule 2)

	Column 1	Column 2
Item	Signal Word	Precautionary Symbol
1	Caution
2	Danger
3	Warning
4	Corrosive
5	Explosive
6	Flammable
7	Poison