Pest Control Products Regulations (SOR/2006-124)

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).