Protection of Test Data (continued)
Negotiation and Arbitration (continued)
Marginal note:Letter of access
17.94 (1) On the determination of the compensation payable, whether by negotiated settlement or arbitral award, the registrant must provide the applicant with a letter of access in accordance with the settlement or award.
Marginal note:Failure to provide letter of access
(2) If the registrant fails to provide the letter of access, the applicant may use or rely on the compensable data without having to comply further with the negotiated settlement or arbitral award.
- SOR/2010-119, s. 2
Marginal note:Validity period and exemption
18 Despite section 13, if a pest control product is registered for, or the registration of a pest control product is amended to permit its use in, the emergency control of a seriously detrimental infestation,
(a) the validity period must not be longer than one year and may not be extended;
(b) subsections 28(1) and 35(1) and paragraphs 42(2)(c) to (f) of the Act do not apply; and
(c) the registration may not be renewed.
19 A pest control product that contains trifluralin (2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)benzenamine) as its active ingredient or that contains an active ingredient that is based on or derived from trifluralin must not contain N-nitrosodi-n-propylamine (NDPA) in excess of one part per million parts of trifluralin.
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.
- SOR/2014-24, s. 9(E)
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.
- SOR/2014-24, s. 10(F)
Marginal note:Official languages
(2) [Repealed, SOR/2014-24, s. 11]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.
- SOR/2014-24, s. 11
Marginal note:Label — presentation
(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.
- SOR/2018-284, s. 4
Marginal note:Diseases of humans
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.
- SOR/2014-24, s. 12(F)
Marginal note:Principal and secondary display panels
25 The display panel of a registered pest control product must consist of the principal display panel and the secondary display panel.
Marginal note:Principal display panel
(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
(k) the registrant’s name; and
(l) the name, postal address and telephone number of a contact person in Canada to which public inquiries may be directed.
Marginal note:Secondary display panel
(2) Unless otherwise specified by the Minister under subsection 8(2) of the Act, the secondary display panel of a registered pest control product must show all of the following information:
(a) under the heading “DIRECTIONS FOR USE”, the directions for the use of the pest control product, including application rates, timing and frequency of application, and any limitations on its use;
(b) information that identifies any significant risk associated with the handling, storage, display, distribution and disposal of the pest control product, and instructions on procedures to reduce those risks and, if specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, instructions on decontamination procedures and disposal of the pest control product and its empty packages;
(c) under the heading “PRECAUTIONS”, information that identifies any significant risk to health, the environment or anything in connection with which the pest control product is to be used, and instructions on procedures to reduce that risk;
(d) under the heading “PRECAUTIONS”, the following statement:
(e) under the heading “FIRST AID”, instructions that
(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) Unless otherwise specified by the Minister under subsection 8(2) of the Act, 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 all of the following:
(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.”.
(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
- 2014, c. 20, s. 366(E)
- SOR/2014-24, s. 13
- SOR/2016-61, s. 5(F)
- SOR/2017-91, s. 7
- SOR/2018-284, s. 5
- SOR/2019-133, s. 1
- Date modified: