Pest Control Products Regulations (SOR/2006-124)

Interpretation

Marginal note:Definitions

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

  Act

  Act means the Pest Control Products Act. (Loi)

  antimicrobial agent

  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)

  antimicrobial preservative

  antimicrobial preservative means a chemical substance, or a mixture of chemical substances, that is intentionally incorporated into, or applied to, an article for the purpose of preserving it from deterioration or degradation by preventing the growth of micro-organisms. (agent de conservation antimicrobien)

  approved label

  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

  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

  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

  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

  conditional registration[Repealed, SOR/2017-91, s. 1]

  cooperator

  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

  device means an instrument, gadget, apparatus, appliance or other similar object. (dispositif)

  display panel

  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

  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

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

  foreign product

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

  foreign product use certificate

  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

  marketplace label means a label that matches the approved label and that has added to it any other written, printed or graphic matter that relates to the pest control product. (étiquette de marché)

  metric unit

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

  microbial agent

  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]

  ozone-generating device

  ozone-generating device means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens or to reduce their population levels — other than in swimming pools, spas or wastewater or drinking-water treatment systems — by means of the generation of ozone. (dispositif générateur d’ozone)

  pheromone

  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

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

  product certification body

  product certification body means a body that is accredited by the Standards Council of Canada to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification. (organisme de certification de produits)

  registration certificate

  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

  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

  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

  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

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

  research notification certificate

  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

  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

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

  seed

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

  semiochemical

  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)

  Stockholm Convention

  Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, signed at Stockholm on May 22, 2001, as amended from time to time. (Convention de Stockholm)

  treated article

  treated article means an inanimate product or substance, but does not include a food as defined in section 2 of the Food and Drugs Act,

  • (a) that, during the manufacturing process, is treated with a pest control product either by intentionally:

    • (i) incorporating the product into the article; or

    • (ii) applying it to the article, and

  • (b) whose primary purpose, prior to that treatment, is not, directly or indirectly, to control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest. (article traité)

  treated seed

  treated seed means seed into which a pest control product is intentionally incorporated or to which the product is applied. (semence traitée)

  ultraviolet radiation-emitting device

  ultraviolet radiation-emitting device means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens or to reduce their population levels — other than in swimming pools, spas or wastewater or drinking-water treatment systems — by means of ultraviolet radiation. (dispositif à rayonnement ultraviolet)

  validity period

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

• Marginal note: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;

• (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;

• (c) an active ingredient 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;

• (d) a treated article; and

• (e) treated seed.

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;

  • (a.1) despite paragraph (a), an ultraviolet radiation-emitting device or ozone-generating device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations;

  • (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 — other than an ultraviolet radiation-emitting device or ozone-generating device — 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 — other than an ultraviolet radiation-emitting device or ozone-generating device — that is used 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 population levels of viruses, bacteria or other micro-organisms that cause mould, mildew or odour, or disease in humans or animals;

  • (f) a pest control product — other than an organism, a device of a type described in Schedule 1 or a treated article — that is imported by a user for their personal use, that is in their possession at the time of the importation and that meets the following conditions:

    • (i) the total quantity of the product does not exceed 500 g or 500 mL,

    • (ii) by virtue of its active ingredient and concentration, the product would have the product class designation “DOMESTIC” if it were registered in Canada,

    • (iii) the product is registered or otherwise authorized in the country of origin as a product equivalent to a pest control product,

    • (iv) the product is in its original package with the original label intact,

    • (v) the information on the package and label is in either English or French, is clear and legible, allows for the determination of the active ingredient, concentration and quantity of the product and includes the registration or authorization number assigned by the regulatory body in the country of origin;

  • (g) a pest control product that is a treated article into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative, if

    • (i) the product is imported by a user for their personal use,

    • (ii) the product is in their possession at the time of the importation,

    • (iii) the product is in its original package with the original label intact, and

    • (iv) the information on the package and label is in English or French and is clear and legible; and

  • (h) a pest control product that is

    • (i) an antimicrobial preservative when it is used in the manufacture of a treated article that is

      • (A) a feed that is regulated under the Feeds Act,

      • (B) a fertilizer or supplement that is regulated under the Fertilizers Act,

      • (C) a drug or cosmetic that is regulated under the Food and Drugs Act, or

      • (D) a medical device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations, or

    • (ii) a treated article that is described in any of clauses (i)(A) to (D) into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative.

• 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.

Marginal note:Import solely for export

• 3.1 (1) A person may import a pest control product that is intended solely for the purpose of export.

• Marginal note:Activities — section 41.1 of Act

  (2) A person may possess, handle, store or transport the imported pest control product for the purpose of export.

• Marginal note:Products subject to Transportation of Dangerous Goods Act

  (3) Sections 3.2 to 75 do not apply to a pest control product that is imported under subsection (1) if it is subject to the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Products not subject to Transportation of Dangerous Goods Act

  (4) Sections 4 to 75 do not apply to a pest control product that is imported under subsection (1) if it is not subject to the Transportation of Dangerous Goods Act, 1992.

Marginal note:Safety information

• 3.2 (1) The information set out in subsection (2) and the safety information set out in subsections (3) to (8) must

  • (a) appear in documents that accompany the shipment of the pest control product during transport through Canada and during any short-term storage in Canada;

  • (b) be readily available for use in emergency response to any accidents or incidents involving that product;

  • (c) appear in a manner that is clearly legible and indelible;

  • (d) appear in either English or French; and

  • (e) appear in documents that accompany each load of a shipment, if the shipment is broken into loads that are sent to different destinations.

• Marginal note:Identification

  (2) The shipment of the pest control product must be accompanied by documents that contain all of the following information:

  • (a) the name of the product, which may include a distinctive brand or trademark;

  • (b) a declaration of net quantity of the product in the package;

  • (c) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;

  • (d) the name, postal address, email address and telephone number of a contact person to whom public inquiries may be directed; and

  • (e) the physical form of the product.

• Marginal note:Hazard identification

  (3) The shipment of the pest control product must be accompanied by documents that contain information that identifies the nature and degree of hazard inherent in the pest control product by appropriate precautionary symbols and signal words selected from either Schedule 3 or 4. For precautionary symbols and signal words selected from Schedule 4, a hazard statement that indicates the nature of the primary hazard to which the precautionary symbol relates must also be included.

• Marginal note:Active ingredient

  (4) The shipment of the pest control product must be accompanied by documents that contain the following information:

  • (a) the common chemical name of the active ingredient of the pest control product or, if it has no common chemical name, its chemical or other name; and

  • (b) the concentration of the active ingredient.

• Marginal note:First aid measures

  (5) The shipment of the pest control product must be accompanied by documents that contain the following information:

  • (a) instructions that set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product and that include the statement “Take the documents accompanying the shipment or the container label, if it contains the same information, or the product name with you when seeking medical attention.”; and

  • (b) information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product, including

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

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

    • (iii) a list of the components of the product that may affect the treatment.

• Marginal note:Firefighting, handling, transport and storage

  (6) The shipment of the pest control product must be accompanied by documents that contain information that identifies the appropriate measures to be taken with respect to firefighting, handling, transportation and storage of the pest control product.

• Marginal note:Accidental release, decontamination and safe disposal

  (7) The shipment of the pest control product must be accompanied by documents that contain instructions on the procedure to be followed

  • (a) in case of accidental release;

  • (b) for decontamination; and

  • (c) for the safe disposal of the pest control product and its packages.

• Marginal note:Toxicological and ecological risk reduction

  (8) The shipment of the pest control product must be accompanied by documents that contain information that identifies any significant risk to health and the environment, and instructions on procedures to reduce that risk.

• Marginal note:Packaging

  (9) The packaging of the pest control product must be constructed

  • (a) to contain the product safely under normal conditions of storage and transportation; and

  • (b) to minimize degradation or change of its contents.

• Marginal note:Storage and transport

  (10) The pest control product must be stored and transported in a separate compartment from any human food or animal feed or in such a way as to avoid any possible contamination of the food or feed if

  • (a) the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3; or

  • (b) the product bears the signal word DANGER and the hazard statements “Fatal if swallowed”, “Fatal in contact with skin”, “Toxic if swallowed”, “Toxic in contact with skin”, “Toxic if inhaled” or “Fatal if inhaled” set out in item 4 of Schedule 4.

Marginal note:Information to be provided on request

• 3.3 (1) The importer, exporter or owner of the pest control product imported solely for the purpose of export must provide the following information to the Minister, in the manner requested, on request:

  • (a) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;

  • (b) notification of import of the product 30 days in advance of the expected date of import;

  • (c) notification of export of the product;

  • (d) the place of entry or port of unloading;

  • (e) the name of the freight forwarder, if any;

  • (f) the name of the shipper or carrier; and

  • (g) any other information required under subsections 3.2(2) to (8).

Unregistered Pest Control Products

Marginal note:Permitted activities

• 4 (1) A person may manufacture, possess, handle, store, transport, import, distribute or use the following unregistered pest control products under the Act:

  • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

  • (b) a pest control product

    • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

    • (ii) the active ingredient of which is registered under the Act;

  • (c) a pest control product that is an ultraviolet radiation-emitting device, other than an ultraviolet lamp or other component that emits ultraviolet radiation, if

    • (i) the device is certified by a product certification body as meeting the applicable Canadian electrical safety requirements,

    • (ii) the certification mark of the product certification body appears on the label of the device,

    • (iii) any claim of efficacy that is made in respect of the device is made only in relation to supplemental sanitization,

    • (iv) no express or implied claim in relation to the treatment, mitigation or prevention of disease is made in respect of the device,

    • (v) its ultraviolet lamp, or other component that emits ultraviolet radiation, is fully shielded or enclosed in the device, in a manner that prevents exposure to ultraviolet radiation,

    • (vi) the device has a mechanism that

      • (A) locks the device to prevent access to the ultraviolet lamp, or other component that emits ultraviolet radiation, during operation, or

      • (B) automatically shuts off the device if it is opened during operation,

    • (vii) a user of the device who follows the instructions referred to in paragraph 30.1(3)(c) for replacing the ultraviolet lamp or any other component that emits ultraviolet radiation is not exposed to the radiation,

    • (viii) the device does not produce or generate any other substance, including ozone or hydroxyl, that may be harmful to human health during operation, and

    • (ix) the device is used in commercial or industrial premises or in educational institutions, health care facilities or similar institutions or facilities and, as applicable,

      • (A) it does not meet the requirement set out in subparagraph (v), is contained within the ventilation system in a manner that prevents exposure to ultraviolet radiation and is installed by an electrician who is the holder of a licence issued by the applicable provincial licensing authority, or

      • (B) it does not meet one of the requirements set out in subparagraph (v) or (vi) and is certified by a product certification body either as being part of the Exempt group classification set out in the IEC 62471 standard developed by the International Electrotechnical Commission entitled Photobiological safety of lamps and lamp systems, as amended from time to time, or as meeting the applicable requirements of one of the standards set out in the List of Equivalent Standards for Ultraviolet Photobiological Hazard Assessment, published by the Government of Canada on its website, as amended from time to time;

  • (d) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, if the component

    • (i) is manufactured, represented or distributed solely for use in a device referred to in paragraph (c), and

    • (ii) meets the conditions set out in subparagraphs (c)(iii) and (iv);

  • (e) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, that is manufactured, represented or distributed for use as a component in a registered device, if

    • (i) the component is evaluated as part of an application to register, amend or renew the registration of the device, and

    • (ii) the label of the component contains any information specified by the Minister in the conditions of registration;

  • (f) a pest control product that is a treated article into which the only pest control product that is incorporated or to which it is applied is an antimicrobial preservative, if

    • (i) the sole purpose of the treatment is to protect or preserve the article,

    • (ii) the active ingredient of the preservative is registered or otherwise authorized under paragraph 21(5)(a) of the Act for incorporation into, or application to the article,

    • (iii) in the case where the article is treated in Canada, the preservative is registered or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act,

    • (iv) in any other case, the treatment

      • (A) includes the same active ingredient as that contained in a preservative registered in Canada or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act, and

      • (B) meets any conditions of registration or authorization, as the case may be, that relate to the method of application, the uses for which the preservative may be applied to or incorporated into the article and the range of application rates as specified by the Minister under the Act or as set out in Schedule 2; and

  • (g) a pest control product that is a preservative set out in column 1 of Part 2 – Class 2 Preservatives or in column 1 of Part 3 – Class 3 Preservatives of the List of Permitted Preservatives (Lists of Permitted Food Additives), published by the Government of Canada on its website, as amended from time to time, if

    • (i) the product is used as an antimicrobial preservative,

    • (ii) the sole purpose of the treatment is to protect or preserve the article, and

    • (iii) the quantity of preservative protects or preserves the article, but does not exceed the quantity necessary to do so.

• Marginal note:Used in manufacture only

  (2) A pest control product referred to in paragraph (1)(a) must not be used for any purpose other than the manufacture of a registered pest control product.

• Marginal note:Permitted activities — foreign product

  (3) A person may possess, handle, store, transport, import or use a foreign product that is imported under a foreign product use certificate.

• (3.1) [Repealed, SOR/2022-99, s. 5]

• Marginal note:Permitted activities — for conducting research

  (4) A person may manufacture, possess, handle, store, transport, import or use a pest control product for the purpose of conducting research in accordance with sections 46 to 70.

Unregistered Pest Control Products for Export

Marginal note:Permitted activities — for exportation of certain products

• 4.1 (1) A person may manufacture, possess, handle, store or transport — or import for use in manufacturing — the following unregistered pest control products under the Act, solely for the purpose of export:

  • (a) an ultraviolet radiation-emitting device;

  • (b) an ultraviolet lamp or other component that emits ultraviolet radiation;

  • (c) an ozone-generating device; and

  • (d) a pest control product that contains an active ingredient that is registered in Canada.

• Marginal note:Export certificate

  (2) Before a pest control product referred to in any of paragraphs (1)(a) to (c) is shipped, the manufacturer must prepare an export certificate, in the manner specified by the Minister, indicating that the product does not contravene any known requirements of the law of the countries to which it is shipped, consigned or about to be consigned.

• Marginal note:New certificate

  (3) If the pest control product or the country of export changes, the manufacturer must prepare a new certificate.

• Marginal note:Period of retention

  (4) The manufacturer must keep a record of the certificate for five years after the date of the last shipment.

• Marginal note:Provision of records

  (5) The manufacturer must provide the certificate to the Minister on request and within the period specified.

• Marginal note:Requirements — information and packaging

  (6) Subsections 3.2(1) to (3), and (6) to (10) apply to the pest control products referred to in paragraphs (1)(a) to (c).

• Marginal note:Requirements of section 3.2

  (7) A pest control product referred to in paragraph (1)(d) must meet the requirements of section 3.2.

• Marginal note:Non-application of section 33

  (8) Section 33 does not apply to a pest control product referred to in subsection (1).

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.

Methods of Electronic Delivery

Marginal note:Electronic delivery

• 5.1 (1) For the purpose of subsection 62(1) of the Act, notices or other documents required or authorized to be delivered under the Act may be delivered electronically through the website of the Government of Canada or by another means of electronic communication.

• Marginal note:Deemed time of delivery

  (2) A notice or other document that is delivered electronically is considered to have been delivered

  • (a) if it was delivered through that website, on the earlier of

    • (i) the date of its delivery as indicated through that website, and

    • (ii) the date of its delivery as indicated by a means of automatic electronic communication generated by that website; and

  • (b) if it was delivered using another means of electronic communication, on the date that is indicated as the day of its delivery by the other means.

• Marginal note:Setting aside deemed time of delivery

  (3) A deemed time of delivery of a notice or other document may be set aside on the basis of any metadata or data from any other tracking system that relates to the notice or other document.

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

    • (i) each place of manufacture of the pest control product, if it is or contains a microbial agent, and

    • (ii) each place of production and formulation of the pest control product, in any other case;

  • (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 any, its percentage of the total weight of the product and its purpose 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 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.

Marginal note:Records

• 7 (1) An applicant referred to in subsection 6(1) or a registrant referred to in subsection 16(1) must keep records of

  • (a) in the case of a pest control product other than one that is or contains a microbial agent, the address of each place of manufacture of a pest control product, other than a place of production or formulation; and

  • (b) in the case of a pest control product that contains one or more formulants, the name and address of the supplier of each formulant.

• Marginal note:Retention

  (2) The applicant or the registrant must keep the records for five years after, as the case may be, the date of registration, its amendment or its renewal.

• Marginal note:Change of information

  (3) If the information contained in the records changes, the applicant or registrant must update it but the previous records must be kept for five years after the day on which the update occurs.

• Marginal note:Production of records

  (4) On request by the Minister, an inspector or an analyst, the applicant or registrant must provide any records to the Minister, the inspector or the analyst within the period specified in the request.

Marginal note:Stockholm Convention — evaluations not necessary

• 7.1 (1) No evaluation under paragraph 7(3)(a) of the Act is necessary when

  • (a) the application is to register or amend the registration of a pest control product that is or contains an active ingredient that is listed as a chemical in Annex A (Elimination) or Annex B (Restriction) of the Stockholm Convention;

  • (b) the application pertains to a production or use of the active ingredient that is prohibited under the Convention;

  • (c) the amendment to the Convention that resulted in the listing has been ratified by Canada by the deposit of its instrument of ratification with the Secretary-General of the United Nations acting as the Depository of the Convention; and

  • (d) the proposed production or use of the active ingredient in the application:

    • (i) is not subject to a specific exemption, or acceptable purpose, notified by Canada under the Convention, as set out in the Register of Specific Exemptions, or a Register of Acceptable Purposes, established under that Convention, or

    • (ii) is not otherwise permitted under the Convention.

• Marginal note:Denial of application

  (2) For the purpose of subsection 8(4) of the Act, the health or environmental risks of a pest control product described in subsection (1) are not acceptable.

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 The validity period of a registration of a pest control product must end no later than December 31 in the fifth year after the year in which the product is registered.

14 [Repealed, SOR/2017-91, s. 4]

15 [Repealed, SOR/2017-91, s. 4]

Renewal of Registration

Marginal note:Five-year periods

• 16 (1) 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 applications

  (2) An application to renew the registration of a pest control product must be accompanied by 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 sections 17.05 to 17.11 apply, whichever of the following documents is applicable:

    • (i) a document that establishes that, as of the date the application is made, a negotiated settlement between the registrant and the data holder has been reached or an arbitral award has been made in respect of the test data and the data holder has not provided a letter of access referred to in section 17.1 to the registrant, or

    • (ii) a copy of the letter of access referred to in section 17.1; and

  • (e) if sections 17.12 to 17.17 apply, whichever of the following documents is applicable:

    • (i) a document that establishes that, as of the date the application is made,

      • (A) the registrant and data holder are negotiating the compensation payable in respect of the test data,

      • (B) the determination of the compensation payable in respect of the test data has been submitted to binding arbitration and an arbitral award has not been made, or

      • (C) a negotiated settlement between the registrant and the data holder has been reached or an arbitral award has been made in respect of the test data and the data holder has not provided a letter of access referred to in section 17.17 to the registrant, or

    • (ii) a copy of the letter of access referred to in section 17.17.

• Marginal note:Interpretation — data holder and test data

  (2.1) In subsection (2), data holder and test data have the same meanings as in section 17.01.

• Marginal note:Request — labels

  (3) The registrant must, if requested by the Minister, provide the Minister with an electronic copy of the approved label and two hard copies of the marketplace label.

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

Definitions

Marginal note:Definitions

17.01 The following definitions apply in this section and sections 17.02 to 17.17.

agreement

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

compensable data

compensable data means test data that the Minister considers for the first time in support of a registration, confirmation of the registration or amendment of the registration, but does not include

• (a) test data that is referred to in the definition exclusive rights;

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

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

crop group

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)

data holder

data holder means a registrant to whom compensation may be payable in respect of test data. (détenteur de données)

exclusive rights

exclusive rights means the exclusive rights to use or rely on any of the following test data that the Minister considers for the first time in support of a registration:

• (a) test data that the applicant provides in support of an application to register a new active ingredient;

• (b) test data that the applicant provides in support of a concurrent application to register a new pest control product that contains the new active ingredient referred to in paragraph (a); or

• (c) test data that the applicant provides in support of an application to register a new compound or substance referred to in paragraph 2(b), if the compound or substance has never been an ingredient in a registered pest control product. (droits exclusifs)

minor use

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) the use is supported by a federal or provincial agricultural authority;

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

representative crop

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

test data means test data that is provided to the Minister

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

• (b) in the context of a re-evaluation or special review, in response to a notice initiating the process under subsection 16(3) or 18(1) of the Act or a notice requiring additional information under paragraph 19(1)(a) of the Act. (données d’essai)

Application

Marginal note:Non-application — product copies

17.02 When an applicant wishes to use or rely on the test data of a registrant in order to register a pest control product that is equivalent to the registrant’s product by using an active ingredient provided by the registrant, sections 17.03 to 17.11 do not apply if

• (a) the registrant provides the Minister with a letter, signed by the registrant, that specifies the active ingredient that they agree to provide to the applicant; and

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

Exclusive Rights

Marginal note:Period — general

• 17.03 (1) A registrant has exclusive rights for 10 years after the date of registration of the new active ingredient, of the new pest control product that contains the new active ingredient or of the new compound or substance.

• Marginal note:Extension — minor uses

  (2) The Minister must extend the period of exclusive rights if all of the following conditions are met:

  • (a) the registrant meets one of the following requirements:

    • (i) they proposed a minor use in the concurrent application to register a new pest control product referred to in paragraph (b) of the definition exclusive rights in section 17.01, or

    • (ii) they made one of the following applications within seven years after the date of registration of the product referred to in subparagraph (i):

      • (A) an application to amend its registration by adding a minor use, or

      • (B) an application to register another new pest control product that contains the same active ingredient as the product and in respect of which a minor use is proposed;

  • (b) the registrant requests an extension of the period of exclusive rights, within eight years after the date of registration of the new active ingredient referred to in paragraph (a) of the definition exclusive rights in section 17.01;

  • (c) the Minister determines that the proposed minor use is a minor use and approves its addition to the registration of the product referred to in subparagraph (a)(i) or the other new pest control product referred to in clause (a)(ii)(B).

• Marginal note:Calculation of extension

  (3) The Minister must apply the following rules when calculating an extension:

  • (a) the period of exclusive rights is extended by one year for every three minor uses that are added, whether one or more at a time, to the registration for a total period of exclusive rights 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 removed

  (4) The Minister must cancel any extension of one year if

  • (a) the Minister, on his or her own initiative or in response to a request from the registrant, amends the registration and removes one or more minor uses; and

  • (b) the remaining number of minor uses is insufficient to uphold the extension.

Marginal note:Consent

17.04 Subject to paragraph 17.05(1)(b), during the period of exclusive rights an applicant may use or rely on a registrant’s test data in an application to register a pest control product or amend a registration if the registrant provides the applicant with written consent to use or rely on the test data.

Compensation Payable

Registration

Marginal note:Conditions — use of or reliance on test data

• 17.05 (1) Subject to subsection 17.1(2), an applicant who makes an application to register a pest control product or to amend a registration may, in accordance with the agreement concluded with the data holder under subsection 17.07(2), use or rely on the following test data if they pay compensation to the data holder in accordance with the negotiated settlement or arbitral award for the period provided for in subsection (2) and if the applicant provides the Minister with a copy of a letter of access:

  • (a) compensable data that the applicant wishes to use or rely on;

  • (b) test data for which the data holder has exclusive rights, if the test data is relevant to the pest control product of the data holder and the test data is relevant to an active ingredient that is not equivalent to the active ingredient contained in the applicant’s pest control product; and

  • (c) test data that was considered during an evaluation or review of a pest control product by a foreign regulatory authority and that the data holder has not previously provided to the Minister, if the following conditions are met:

    • (i) the Minister has considered for the first time the decision that results from the evaluation or review of the pest control product by the foreign regulatory authority in support of the re-evaluation or special review decision of the data holder’s pest control product,

    • (ii) the Minister requests that the data holder provide the Minister with the following in the form and manner directed by the Minister:

      • (A) documents demonstrating that the test data was provided to the foreign regulatory authority in support of the evaluation or review of the pest control product, or in response to a request from the foreign regulatory authority relating to the evaluation or review,

      • (B) documents demonstrating that the foreign regulatory authority considered the test data in support of its decision of the evaluation or review, and

      • (C) the test data, and

    • (iii) the data holder complies with the request.

• Marginal note:Compensable period

  (2) The period for which compensation is payable by the applicant to the data holder commences on one of the following days and must not exceed 12 years, except in the case of the test data referred to in paragraph (d) for which the period must not exceed the period set out in section 17.03:

  • (a) in the case of compensable data in support of an application to register a pest control product of the data holder, the day on which the Minister receives the application;

  • (b) in the case of compensable data in support of an application to amend the registration of a pest control product of the data holder, the day on which the Minister receives the application;

  • (c) in the case of compensable data that is considered by the Minister during a re-evaluation or special review of a pest control product of the data holder, if the test data was provided by the data holder in response to a notice initiating the process under subsection 16(3) or 18(1) of the Act or a notice requiring additional information under paragraph 19(1)(a) of the Act, the day on which the Minister receives the data;

  • (d) in the case of test data referred to in paragraph (1)(b), the day of registration referred to in subsection 17.03(1); or

  • (e) in the case of test data referred to in paragraph (1)(c), the day on which the Minister initiates the re-evaluation or special review.

Marginal note:Minister to identify test data

17.06 For the purpose of subsection 7(2) of the Act, the Minister must provide the applicant with a list of the test data referred to in subsection 17.05(1) for which compensation may be payable by the applicant and in respect of which an agreement is required to be entered into between the applicant and each data holder whose data the applicant wishes to use or rely on.

Marginal note:Proposed agreement on test data

• 17.07 (1) On receipt of the list of test data, an applicant may deliver to each data holder a proposed agreement that specifies the test data that the applicant wishes to use or rely on.

• Marginal note:Agreement entered into

  (2) On receipt of the proposed agreement, the data holder must enter into the agreement with the applicant.

Marginal note:Negotiation of compensation payable and settlement

• 17.08 (1) When the agreement is entered into, an applicant and a data holder must, in order to reach a settlement, begin to negotiate the compensation payable in respect of the test data that the applicant wishes to use or rely on.

• Marginal note:Period of negotiation and settlement of compensation payable

  (2) The applicant and the data holder must reach a negotiated settlement in respect of the compensation payable

  • (a) within 120 days after the day on which the data holder receives the proposed agreement; or

  • (b) by the end of any additional negotiation period, if the parties agree in writing to continue negotiating.

Marginal note:Arbitration

• 17.09 (1) Despite subsection 17.08(2), in the absence of a negotiated settlement at the end of the negotiation and in accordance with the agreement entered into by the parties, the applicant may, by delivering to the data holder a written notice, submit the determination of the compensation payable to binding arbitration.

• Marginal note:Notice

  (2) The notice must contain the last offers of the applicant and the data holder, if they were presented in writing at the end of the negotiation.

• Marginal note:Arbitral award

  (3) The arbitrator must make an arbitral award within 120 days after the day on which the notice is delivered, unless

  • (a) the parties agree to an extension before the end of that period and provide written notice to the arbitrator; or

  • (b) the arbitrator provides written notice of an extension to the parties before the end of that period.

Marginal note:Letter of access

• 17.1 (1) When a negotiated settlement is reached or an arbitral award is made, the data holder must provide the applicant with a letter of access, signed by the data holder, confirming that the applicant may use or rely on their test data.

• Marginal note:Failure to provide letter of access

  (2) If the data holder fails to provide the letter of access within the period specified in the negotiated settlement or arbitral award, the applicant may use or rely on the test data without having to continue to comply with the settlement or award.

Marginal note:Early registration

• 17.11 (1) The applicant may, as soon as a notice referred to in subsection 17.09(1) has been delivered to the data holder, request that the Minister register their pest control product before obtaining a letter of access and may use or rely on the test data of the data holder if all of the following conditions are met:

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

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

  • (c) under the escrow agreement, the applicant deposits with the third party an amount of money equal to the data holder’s last offer referred to in subsection 17.09(2);

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

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

    • (ii) on receipt of a copy of the registration certificate, the third party pays the data holder an amount of money equal to the applicant’s last offer referred to in subsection 17.09(2),

    • (iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the data holder the compensation payable as determined in the settlement or award, less the amount paid under subparagraph (ii),

    • (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 in accordance with paragraph (1)(c).

• Marginal note:When no last offer in writing

  (3) If the data holder’s last offer was not made in writing at the end of the negotiation, the conditions set out in subsection (1) and subsection (2) do not apply.

Re-evaluation and Special Review

Marginal note:Conditions — use of or reliance on test data

• 17.12 (1) Subject to subsection 17.17(2), in the context of a re-evaluation or special review and on receipt of a notice initiating the process under subsection 16(3) or 18(1) of the Act or a notice requiring additional information under paragraph 19(1)(a) of the Act, a registrant may, in accordance with the agreement concluded with the data holder under subsection 17.14(2), use or rely on the following test data if they pay compensation to the data holder in accordance with the negotiated settlement or arbitral award for the period set out in subsection (2):

  • (a) compensable data that the registrant wishes to use or rely on that is

    • (i) provided to the Minister, in the context of the re-evaluation or special review, by the data holder in response to a notice initiating the process under subsection 16(3) or 18(1) of the Act or to a notice requiring additional information under paragraph 19(1)(a) of the Act, and

    • (ii) relevant to the pest control product that is the subject of the re-evaluation or special review; and

  • (b) test data that the Minister considers in support of the re-evaluation or special review decision in respect of the pest control product but that was not provided in response to one of the notices referred to in paragraph (a) and that is relevant to an active ingredient that is not equivalent to the active ingredient contained in the pest control product that is the subject of the re-evaluation or special review if

    • (i) the test data is already compensable data, or

    • (ii) the data holder already has exclusive rights in respect of the test data.

• Marginal note:Compensable period

  (2) The period for which compensation is payable for the following test data by the registrant to the data holder commences on one of the following days and must not exceed 12 years, except in the case of the test data referred to in subparagraph (b)(ii) for which the period must not exceed the period provided for in section 17.03:

  • (a) in the case of compensable data provided by the data holder under paragraph (1)(a), the day on which the Minister receives the data; or

  • (b) in the case of test data referred to in paragraph (1)(b),

    • (i) if the data is already compensable data, one of the days referred to in paragraph 17.05(2)(a), (b), (c) or (e), as the case may be, or

    • (ii) if the data holder already has exclusive rights in respect of the data, the day of registration referred to in subsection 17.03(1).

Marginal note:Minister to identify test data

17.13 For the purposes of subsections 16(5) and (5.1) and 18(3) and (3.1) of the Act, the Minister must make available to data holders and other registrants, on the day on which the Minister makes public the decision statement referred to in subsection 28(5) of the Act, a list of the test data referred to in subsection 17.12(1) in respect of which compensation may be payable by any of those registrants and in respect of which an agreement is required to be entered into between the registrant and each data holder whose data the registrant wishes to use or rely on.

Marginal note:Proposed agreement on test data

• 17.14 (1) Either the registrant or the data holder may deliver to the other party a proposed agreement that specifies the test data that the registrant wishes to use or rely on no later than 60 days after the day on which the decision statement referred to in subsection 28(5) of the Act is made public.

• Marginal note:Agreement entered into

  (2) The registrant or the data holder must, on receipt of the proposed agreement from the other party, enter into the agreement with the other party.

Marginal note:Negotiation of compensation payable and settlement

• 17.15 (1) When the agreement is entered into, a registrant and a data holder must, in order to reach a settlement, begin to negotiate the compensation payable in respect of the test data that the registrant wishes to use or rely on.

• Marginal note:Period of negotiation and settlement

  (2) The registrant and the data holder must reach a negotiated settlement in respect of the compensation payable

  • (a) within 120 days after the day on which the decision statement referred to in subsection 28(5) of the Act is made public; or

  • (b) by the end of any additional negotiation period, if the parties agree in writing to continue negotiating.

Marginal note:Arbitration

• 17.16 (1) Despite subsection 17.15(2), in the absence of a negotiated settlement at the end of the negotiation and in accordance with the agreement entered into by the parties, the registrant or the data holder may, by delivering to the other party a written notice, submit the determination of the compensation payable to binding arbitration.

• Marginal note:Notice

  (2) The notice must contain the last offers of the registrant and the data holder, if they were presented in writing at the end of the negotiation.

• Marginal note:Arbitral award

  (3) The arbitrator must make an arbitral award within 120 days after the day on which the notice is delivered, unless

  • (a) the parties agree to an extension before the end of that period and provide written notice to the arbitrator; or

  • (b) the arbitrator provides written notice of an extension to the parties before the end of that period.

Marginal note:Letter of access

• 17.17 (1) When a negotiated settlement is reached or an arbitral award is made, the data holder must provide the registrant with a letter of access, signed by the data holder, confirming that the registrant may use or rely on their test data.

• Marginal note:Failure to provide letter of access

  (2) If the data holder fails to provide the letter of access within the period specified in the negotiated settlement or arbitral award, the registrant may use or rely on the test data without having to continue to comply with the settlement or award.

17.2 [Repealed, SOR/2023-104, s. 5]

17.3 [Repealed, SOR/2023-104, s. 5]

17.4 [Repealed, SOR/2023-104, s. 5]

17.5 [Repealed, SOR/2023-104, s. 5]

17.6 [Repealed, SOR/2023-104, s. 5]

17.7 [Repealed, SOR/2023-104, s. 5]

17.8 [Repealed, SOR/2023-104, s. 5]

17.9 [Repealed, SOR/2023-104, s. 5]

17.91 [Repealed, SOR/2023-104, s. 5]

17.92 [Repealed, SOR/2023-104, s. 5]

17.93 [Repealed, SOR/2023-104, s. 5]

17.94 [Repealed, SOR/2023-104, s. 5]

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 three years 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.

19 [Repealed, SOR/2022-241, s. 10]

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.

• (2) Any written, printed or graphic matter on the marketplace label of the pest control product must 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.1 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 A registered pest control product must have a display panel consisting of a principal display panel and a secondary display panel.

Marginal note:Principal display panel

• 26 (1) The principal display panel of a registered pest control product must show the following information:

  • (a) the product name of the pest control product, which may include a distinctive brand or trademark 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 statement, as follows:

    • (i) the words “ACTIVE INGREDIENT:” or “ACTIVE INGREDIENTS:”, as the case may be,

    • (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) The secondary display panel of a registered pest control product must show 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.”

• Marginal note:Outermost package

  (3) If a pest control product is contained in more than one package, the outermost package that is visible under normal conditions of storage, transportation or handling must bear a label that shows the following information:

  • (a) the information, as it appears on the approved label for the product, that is required under paragraphs (1)(a), (e), (h), (i), (k) and (l);

  • (b) the information, as it appears on the approved label for the product, that is required under paragraph (2)(b) and that is relevant if any significant risk referred to in that paragraph exists while the pest control product is contained in the outermost package; and

  • (c) the statement “For first aid instructions or the toxicological information essential for treatment, obtain and read the approved label from the registrant or phone the number indicated on this container.”.

• Marginal note:Exceptions

  (4) Subsection (3) does not apply if the outermost package is transparent or otherwise allows the label on an inner package to be legible, and that label shows the information required under

  • (a) subsection (3); or

  • (b) paragraphs (2)(e) and (f), and that information appears as it does on the approved label for the product, and paragraphs (3)(a) and (b).

27 [Repealed, SOR/2014-24, s. 14]

Marginal note:Brochures or leaflets

• 28 (1) 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 either the statement “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING.” or the statement “READ ACCOMPANYING 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:Exception

  (2) The statement in paragraph (1)(a) does not need to appear on the container if, pursuant to subsection 31(1), a pest control product is transported in a railway tank car or a transport truck tanker-trailer and that tank car or tanker-trailer is the only container.

• Marginal note:Provided at distribution

  (3) Any brochure or leaflet referred to in subsection (1) must be provided to any user of the product at the time the product is distributed to them.

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:Schedule 1 devices

30 Despite subsections 26(1) and (2), the display panel of a registered pest control product that is a device of a type described in Schedule 1 must show

• (a) on the principal display panel, the information set out in paragraphs 26(1)(i), (k) and (l); and

• (b) on its secondary display panel, the information set out in paragraphs 26(2)(a) to (c).

Marginal note:Unregistered device — display panel

• 30.1 (1) An ultraviolet radiation-emitting device referred to in paragraph 4(1)(c) must have a display panel consisting of a principal display panel and a secondary display panel.

• Marginal note:Principal display panel

  (2) The principal display panel and, if any, the operating manual of the device must show the following information:

  • (a) its intended use;

  • (b) if it is to be distributed primarily to the general public for personal use in or around their homes, the statement “KEEP OUT OF THE REACH OF CHILDREN”;

  • (c) the statement

    • (i) if there is an accompanying operating manual, “READ THE LABEL AND ANY OPERATING MANUAL BEFORE USING”, and

    • (ii) “READ THE LABEL BEFORE USING” in any other case; and

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

• Marginal note:Secondary display panel

  (3) The secondary display panel of the device must show the following information:

  • (a) under the heading “PRECAUTIONS”, the statements

    • (i) “WARNING – Ultraviolet radiation emitted from this device.”,

    • (ii) “Unintended use of the device, or damage to the housing, may result in exposure to ultraviolet radiation.”,

    • (iii) “Ultraviolet radiation may cause eye and skin irritation.”, and

    • (iv) “Avoid exposing eyes and skin to ultraviolet radiation.”;

  • (b) the statement “The use of this device is a supplement to and not a substitute for following best practices to control transmission of infections; users are to follow those best practices, including those related to the cleaning and disinfection of surfaces.”;

  • (c) under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, notably on how to operate the device, any limitation on its use and, if applicable, instructions on how users may replace the ultraviolet lamp or any other component that emits ultraviolet light without exposure to ultraviolet radiation, including instructions on the frequency required for those replacements; and

  • (d) other information that identifies any risk to health or the environment associated with the handling, storage, display, distribution, use or disposal of the device, or of any of its components, and instructions on procedures for reducing those risks.

• Marginal note:Insufficient space

  (4) If there is insufficient space to fit the information on the secondary display panel, that information must be shown in an accompanying operating manual and the secondary display panel must show

  • (a) the information set out in paragraphs (2)(a) and (b); and

  • (b) as much of the other information set out in subsection (2) as possible.

Bulk Containers

Marginal note:Railway tank car or transport truck tanker-trailer

• 31 (1) Subject to subsections (2) and (3) and to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if a pest control product is transported in a railway tank car or a transport truck tanker-trailer and that tank car or tanker-trailer is the only container, the information required under subsections 26(1) and (2) must be shown on the documents that accompany the shipment.

• Marginal note:Storing or dispensing product

  (2) If a pest control product is stored in a railway tank car or a transport truck tanker-trailer or if the tank car or tanker-trailer is being used to dispense the product directly, then the documents required under subsection (1) must be

  • (a) affixed to the tank car or tanker-trailer and readily available for review by all persons handling the product, the tank car or the tanker-trailer; and

  • (b) if applicable, within reach of and clearly visible to the person operating the control valve that is used for dispensing the product.

• Marginal note:Providing information

  (3) Subject to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if a pest control product referred to in subsection (1) is distributed directly to a user of the product, the information required under section 26 must be provided to the user at the time of distribution.

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:Storage, transportation and display

  (2) A pest control product must be stored or displayed in a separate room and transported in a separate compartment from any human food or animal feed or stored, displayed or transported in such a way as to avoid any possible contamination of the food or feed if the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3.

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 — general

• 36 (1) Subject to subsection (2), the importer of a pest control product — except a pest control product described in paragraph 4(1)(f) or (g) — must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

  • (a) the shipper’s name and postal address, along with their email address or telephone number;

  • (b) the importer’s name and address, along with their email address or telephone number;

  • (c) the name of the pest control product, which may include a distinctive brand or trademark;

  • (d) if applicable, the number of the pest control product’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

  • (e) the quantity of the pest control product being imported, expressed

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

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

    • (iii) by number of units being imported, if the product is a device or a treated article, and

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

  • (f) if applicable, the chemical name, common chemical name or other name of each active ingredient of the pest control product, along with its quantity in the pest control product; and

  • (g) the purpose of the importation of the pest control product, expressed as follows:

    • (i) “For Distribution, Including Sale”, if the product is being imported for distribution, including sale,

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

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

    • (iv) “For Grower Requested Own Use”, if the product is being imported under a foreign product use certificate issued under subsection 41(3), and

    • (v) “For (importer to specify the purpose)”, in any other case.

• Marginal note:Declaration — treated seed

  (2) The importer of treated seed must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

  • (a) the shipper’s name and postal address, along with their email address or telephone number;

  • (b) the importer’s name and address, along with their email address or telephone number;

  • (c) the name of the kind or species of seed;

  • (d) the country where the crop from which the seed is derived was grown;

  • (e) if applicable, the number of the treated seed’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

  • (f) the quantity of treated seed that is being imported, expressed by mass;

  • (g) the chemical name, common chemical name or other name of each active ingredient of the pest control product that is incorporated into, or applied to, the seed, along with its quantity, expressed by mass or volume, as applicable, per 100 kg of seed;

  • (h) the name of the treated seed, including any distinctive brand or trademark; and

  • (i) the purpose of the importation of the treated seed, expressed as follows:

    • (i) “For Distribution, Including Sale”, if the seed is being imported for distribution, including sale,

    • (ii) “For Manufacturing Purposes”, if the seed is being imported for further manufacturing,

    • (iii) “For Research Purposes”, if the seed is being imported for research purposes,

    • (iv) “For Grower Requested Own Use”, if the seed is being imported under a foreign product use certificate issued under subsection 41(3), and

    • (v) “For (importer to specify the purpose)”, in any other case.

• Marginal note:Retention

  (3) The importer must keep the information set out in a declaration for two years after the day on which 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) the test data referred to in paragraphs (a) and (b) of the definition exclusive rights in section 17.01 that were provided in support of its registration are no longer subject to exclusive rights within the meaning of that definition.

• Marginal note:Interpretation — test data

  (3.1) In subsection (3), test data has the same meaning as in section 17.01.

• 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) and (iii) 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 subparagraph 26(1)(h)(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 importation and for the period specified in the certificate, which must not exceed one calendar year. It 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 in respect of that product;

  • (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) the certificate holder

    • (i) affixes to each container of the foreign product, as soon as practicable after the importation of the product but in any case no later than upon its arrival either at the location of storage, or at the location of use specified in the foreign product use certificate, a copy of the approved foreign product use label in a way that the product identifier that relates to its registration outside Canada remains visible at all times, and

    • (ii) 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 either the location of storage, or 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 under subsection 41(1) of the Act for the purpose of research, the Minister must consider the health and environmental risks and determine that 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 that which is necessary to conduct the research for which a research establishment is exempt under section 55.

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;

• (c) the device, in the case of a device; and

• (d) the treated article, in the case of a treated article.

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.

73 [Repealed, SOR/2017-91, s. 9]

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

SCHEDULE 4(Subsection 3.2(3) and paragraph 3.2(10)(b))

	Column 1	Column 2	Column 3
Item	Precautionary Symbol	Signal Word	Hazard Statements (use as appropriate)
1		Danger	Extremely flammable gas
			Extremely flammable aerosol
			Extremely flammable liquid and vapour
			Highly flammable liquid and vapour
		Warning	Flammable aerosol
			Flammable liquid and vapour
2		Warning	Contains gas under pressure; may explode if heated
			Contains refrigerated gas; may cause cryogenic burns or injury
3		Danger	Causes severe skin burns and eye damage
			Causes serious eye damage
		Warning	May be corrosive to metals
4		Danger	Fatal if swallowed
			Fatal in contact with skin
			Toxic if swallowed
			Toxic in contact with skin
			Fatal if inhaled
			Toxic if inhaled
5		Warning	Harmful if swallowed
			Harmful in contact with skin
			Harmful if inhaled
			Causes skin irritation
			Causes serious eye irritation
			May cause an allergic skin reaction
6		Warning	Very toxic to aquatic life
7	None	Warning	Flammable gas
			Combustible liquid
			Causes mild skin irritation
			Causes eye irritation
8	None	None	Toxic to aquatic life
			Harmful to aquatic life

• SOR/2018-284, s. 8