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Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

Pest Control Products Regulations

SOR/2006-124

PEST CONTROL PRODUCTS ACT

Registration 2006-06-06

Pest Control Products Regulations

P.C. 2006-483 2006-06-06

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 67 of the Pest Control Products ActFootnote a, hereby makes the annexed Pest Control Products Regulations.

Interpretation

Marginal note:Definitions

  •  (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)

    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    conditional registration[Repealed, SOR/2017-91, s. 1]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 article, an instrument, an apparatus, a contrivance or a gadget. (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]

    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)

    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 true seeds, 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)

    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.

  • SOR/2014-24, s. 1
  • SOR/2017-91, s. 1
  • SOR/2018-284, s. 1

Prescribed Pest Control Products

Marginal note:Prescribing

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

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

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

Exemption of Certain Pest Control Products

Marginal note:Exemption from application of Act

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

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

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

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

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

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

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

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

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

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

    • (f) a pest control product, other than an organism or a device of a type described in Schedule 1, that is imported into Canada by a user for their personal use, that is in their personal 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.

  • 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.

  • SOR/2014-24, s. 2(F)
  • SOR/2017-220, s. 1
 
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