Pest Control Products Regulations (SOR/2006-124)

Interpretation

Marginal note:Definitions

• 1 (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)

  antimicrobial preservative

  antimicrobial preservative means a chemical substance, or a mixture of chemical substances, that is intentionally incorporated into, or applied to, an article for the purpose of preserving it from deterioration or degradation by preventing the growth of micro-organisms. (agent de conservation 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  conditional registration[Repealed, SOR/2017-91, s. 1]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 instrument, gadget, apparatus, appliance or other similar object. (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 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)

  Stockholm Convention

  Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, signed at Stockholm on May 22, 2001, as amended from time to time. (Convention de Stockholm)

  treated article

  treated article means an inanimate product or substance, but does not include a food as defined in section 2 of the Food and Drugs Act,

  • (a) that, during the manufacturing process, is treated with a pest control product either by intentionally:

    • (i) incorporating the product into the article; or

    • (ii) applying it to the article, and

  • (b) whose primary purpose, prior to that treatment, is not, directly or indirectly, to control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest. (article traité)

  treated seed

  treated seed means seed into which a pest control product is intentionally incorporated or to which the product is applied. (semence traitée)

  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

2 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;

• (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;

• (c) an active ingredient 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;

• (d) a treated article; and

• (e) treated seed.

Exemption of Certain Pest Control Products

Marginal note:Exemption from application of Act

• 3 (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;

  • (f) a pest control product — other than an organism, a device of a type described in Schedule 1 or a treated article — that is imported by a user for their personal use, that is in their 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;

  • (g) a pest control product that is a treated article into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative, if

    • (i) the product is imported by a user for their personal use,

    • (ii) the product is in their possession at the time of the importation,

    • (iii) the product is in its original package with the original label intact, and

    • (iv) the information on the package and label is in English or French and is clear and legible; and

  • (h) a pest control product that is

    • (i) an antimicrobial preservative when it is used in the manufacture of a treated article that is

      • (A) a feed that is regulated under the Feeds Act,

      • (B) a fertilizer or supplement that is regulated under the Fertilizers Act,

      • (C) a drug or cosmetic that is regulated under the Food and Drugs Act, or

      • (D) a medical 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, or

    • (ii) a treated article that is described in any of clauses (i)(A) to (D) into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative.

• 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.