Pest Control Products Incident Reporting Regulations (SOR/2006-260)

General Requirements

Marginal note:Reports deemed received

• 4 (1) Subject to subsection (2), all information about incidents and their effects that is required by these Regulations is deemed to have been received by the registrant or applicant on a certain date if it is received on that date by

  • (a) an employee or agent of the registrant or applicant; or

  • (b) an employee or agent of a related corporation, within the meaning of the definition related persons in subsection 251(2) of the Income Tax Act, whether the related corporation is located in or outside Canada.

• Marginal note:Exception

  (2) In the case of an incident whose effects are identified in a scientific study, if the information is received by a person described in paragraph (1)(b), the information is deemed to have been received by the registrant or applicant one year after its receipt by that person.

5 [Repealed, SOR/2009-94, s. 3]

Marginal note:Language of reports

• 6 (1) Incident reports must be filed in English or in French.

• Marginal note:Translation delays

  (2) In the case of a scientific study published in a language other than English or French, if the translation of the study cannot be completed within the prescribed time for filing the incident report, the registrant or applicant must provide the Minister with a summary of the study, in English or French, when the report is filed.

• Marginal note:Translated study

  (3) In a case described in subsection (2), the registrant or applicant must send the completed translated study as soon as possible after the report is filed.

Incident Reports

Marginal note:Incidents in Canada

7 Every registrant and applicant must file with the Minister, in accordance with the time limits specified in sections 10 to 14, a complete and accurate report of any information set out in subsection 3(1) that they receive about an incident that occurs in Canada, in accordance with the categories described in paragraphs 2(a) to (e).

Marginal note:Incidents in the United States

8 Every registrant and applicant must file with the Minister, in accordance with the time limits specified in sections 10 to 12, a complete and accurate report of any information set out in subsection 3(1) that they receive about an incident that occurs in the United States, if the incident fits within any of the following categories described in section 2: an incident whose effect is a human death, an incident that has a major effect on a human, or an incident whose effect is a domestic animal death.

Marginal note:Scientific studies

9 Every registrant and applicant must file with the Minister, in accordance with the time limit specified in section 11, a complete and accurate report of any information set out in subsection 3(2) about an incident whose effects are identified in a scientific study.

Reporting Time Limits

Marginal note:Time limit — 15 days

10 Every registrant and applicant must file an incident report within 15 days after the day on which they receive information about any incident in the following categories:

• (a) an incident whose effect is a human death;

• (b) an incident that occurs in Canada that has a major effect on a human; and

• (c) an incident that has a major effect on the environment.

Marginal note:Time limit — one month

• 11 (1) Every registrant and applicant must accumulate the information that they receive in a month about incidents in the following categories and file the required incident reports before the end of the next month:

  • (a) an incident that occurs in the United States that has a major effect on a human;

  • (b) an incident that has a moderate effect on a human;

  • (c) an incident that occurs in Canada whose effect is a domestic animal death;

  • (d) an incident that has a moderate effect on the environment;

  • (e) an incident whose effect is residues in food;

  • (f) an incident of packaging failure; and

  • (g) an incident whose effects are identified in a scientific study.

• (2) [Repealed, SOR/2009-94, s. 6]

Marginal note:Time limit — table

12 Every registrant and applicant must accumulate the information that they receive in a reporting period set out in column 1 of the table to this section about incidents in the following categories and file the required incident reports on the date set out in column 2:

• (a) an incident that occurs in the United States whose effect is a domestic animal death; and

• (b) an incident that has a major effect on a domestic animal.

Marginal note:Filing of 12-month report

13 Subject to subsection 14(4), every registrant and applicant must accumulate the information that they receive in a 12-month period established in accordance with section 14 about incidents in the following categories and file the required incident reports in accordance with that section:

• (a) an incident that has a minor effect on a human;

• (b) an incident that has a moderate effect on a domestic animal;

• (c) an incident that has a minor effect on a domestic animal; and

• (d) an incident that has a minor effect on the environment.

Marginal note:Time limit — table

• 14 (1) Subject to subsections (2) to (4), every registrant and applicant the first letter or number of whose name is set out in column 1 of the table to this subsection must file the incident reports described in section 13 and the annual summary described in section 15 within two months after the end of the reporting period set out in column 2.

  Item	Column 1	Column 2
  	First letter or number of registrant’s or applicant’s name	Reporting period
  1	A or a number	December 1 to November 30
  2	B	January 1 to December 31
  3	C	February 1 to January 31
  4	D	March 1 to February 28, or February 29 in the case of a leap year
  5	E, F or G	April 1 to March 31
  6	H, I or J	May 1 to April 30
  7	K or L	June 1 to May 31
  8	M	July 1 to June 30
  9	N	August 1 to July 31
  10	O, P, Q or R	September 1 to August 31
  11	S	October 1 to September 30
  12	T, U, V, W, X, Y or Z	November 1 to October 31

• Marginal note:Name change

  (2) If a registrant or an applicant changes their name after having filed a first incident report described in section 13 or a first annual summary described in section 15, the time limit for filing subsequent reports and summaries under those sections remains the time first established in accordance with subsection (1).

• Marginal note:Amalgamation

  (3) If two or more registrants or applicants amalgamate after one of them has filed a first incident report described in section 13 or a first annual summary described in section 15, the time limit for the amalgamated registrant or applicant filing subsequent reports and summaries under those sections is the earliest of their time limits first established in accordance with subsection (1).

• Marginal note:No longer a registrant

  (3.1) If a registrant ceases for any reason to be the registrant of a particular pest control product, they must file the incident reports described in section 13 and the annual summary described in section 15, with respect to all information that they receive about that product before the day on which they cease to be the registrant, within one of the following time limits:

  • (a) before the day on which they cease to be the registrant; or

  • (b) on or before the day that is 15 days after that day.

• Marginal note:First report and summary

  (4) The first incident report described in section 13 and the first annual summary described in section 15 that are filed in accordance with subsection (1) may be for a reporting period shorter than 12 months.