Pest Control Products Regulations

Marginal note:Conditions — use or reliance

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

• Marginal note:Compensable period

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

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

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

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

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

• Marginal note:Condition — foreign test data

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