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Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2022-07-25 and last amended on 2022-06-08. 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    conditional registration[Repealed, SOR/2017-91, s. 1]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]

    ozone-generating device

    ozone-generating device means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens or to reduce their population levels — other than in swimming pools, spas or wastewater or drinking-water treatment systems — by means of the generation of ozone. (dispositif générateur d’ozone)

    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)

    product certification body

    product certification body means a body that is accredited by the Standards Council of Canada to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification. (organisme de certification de produits)

    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)

    ultraviolet radiation-emitting device

    ultraviolet radiation-emitting device means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens or to reduce their population levels — other than in swimming pools, spas or wastewater or drinking-water treatment systems — by means of ultraviolet radiation. (dispositif à rayonnement ultraviolet)

    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.

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;

    • (a.1) despite paragraph (a), an ultraviolet radiation-emitting device or ozone-generating device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations;

    • (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 — other than an ultraviolet radiation-emitting device or ozone-generating device — 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 — other than an ultraviolet radiation-emitting device or ozone-generating device — that is used 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 population levels 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.

Marginal note:Import solely for export

  •  (1) A person may import a pest control product that is intended solely for the purpose of export.

  • Marginal note:Activities — section 41.1 of Act

    (2) A person may possess, handle, store or transport the imported pest control product for the purpose of export.

  • Marginal note:Products subject to Transportation of Dangerous Goods Act

    (3) Sections 3.2 to 75 do not apply to a pest control product that is imported under subsection (1) if it is subject to the Transportation of Dangerous Goods Act, 1992.

  • Marginal note:Products not subject to Transportation of Dangerous Goods Act

    (4) Sections 4 to 75 do not apply to a pest control product that is imported under subsection (1) if it is not subject to the Transportation of Dangerous Goods Act, 1992.

Marginal note:Safety information

  •  (1) The information set out in subsection (2) and the safety information set out in subsections (3) to (8) must

    • (a) appear in documents that accompany the shipment of the pest control product during transport through Canada and during any short-term storage in Canada;

    • (b) be readily available for use in emergency response to any accidents or incidents involving that product;

    • (c) appear in a manner that is clearly legible and indelible;

    • (d) appear in either English or French; and

    • (e) appear in documents that accompany each load of a shipment, if the shipment is broken into loads that are sent to different destinations.

  • Marginal note:Identification

    (2) The shipment of the pest control product must be accompanied by documents that contain all of the following information:

    • (a) the name of the product, which may include a distinctive brand or trademark;

    • (b) a declaration of net quantity of the product in the package;

    • (c) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;

    • (d) the name, postal address, email address and telephone number of a contact person to whom public inquiries may be directed; and

    • (e) the physical form of the product.

  • Marginal note:Hazard identification

    (3) The shipment of the pest control product must be accompanied by documents that contain information that identifies the nature and degree of hazard inherent in the pest control product by appropriate precautionary symbols and signal words selected from either Schedule 3 or 4. For precautionary symbols and signal words selected from Schedule 4, a hazard statement that indicates the nature of the primary hazard to which the precautionary symbol relates must also be included.

  • Marginal note:Active ingredient

    (4) The shipment of the pest control product must be accompanied by documents that contain the following information:

    • (a) 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; and

    • (b) the concentration of the active ingredient.

  • Marginal note:First aid measures

    (5) The shipment of the pest control product must be accompanied by documents that contain the following information:

    • (a) instructions that set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product and that include the statement “Take the documents accompanying the shipment or the container label, if it contains the same information, or the product name with you when seeking medical attention.”; and

    • (b) information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product, including

      • (i) antidotes and remedial measures or, if no specific antidote or remedial measure exists, the statement “Treat symptomatically.”,

      • (ii) a description of the injury or the symptoms of poisoning or intoxication, and

      • (iii) a list of the components of the product that may affect the treatment.

  • Marginal note:Firefighting, handling, transport and storage

    (6) The shipment of the pest control product must be accompanied by documents that contain information that identifies the appropriate measures to be taken with respect to firefighting, handling, transportation and storage of the pest control product.

  • Marginal note:Accidental release, decontamination and safe disposal

    (7) The shipment of the pest control product must be accompanied by documents that contain instructions on the procedure to be followed

    • (a) in case of accidental release;

    • (b) for decontamination; and

    • (c) for the safe disposal of the pest control product and its packages.

  • Marginal note:Toxicological and ecological risk reduction

    (8) The shipment of the pest control product must be accompanied by documents that contain information that identifies any significant risk to health and the environment, and instructions on procedures to reduce that risk.

  • Marginal note:Packaging

    (9) The packaging of the pest control product must be constructed

    • (a) to contain the product safely under normal conditions of storage and transportation; and

    • (b) to minimize degradation or change of its contents.

  • Marginal note:Storage and transport

    (10) The pest control product must be stored and transported in a separate compartment from any human food or animal feed or in such a way as to avoid any possible contamination of the food or feed if

    • (a) the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3; or

    • (b) the product bears the signal word DANGER and the hazard statements “Fatal if swallowed”, “Fatal in contact with skin”, “Toxic if swallowed”, “Toxic in contact with skin”, “Toxic if inhaled” or “Fatal if inhaled” set out in item 4 of Schedule 4.

 
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