Protection of Test Data (continued)
Marginal note:Minister to identify compensable data
17.8 (1) For the purpose of subsection 7(2) of the Act, the Minister must provide the applicant with a list of the compensable data that they may use or rely on and in respect of which they will need to enter into an agreement with each registrant.
Marginal note:Request to enter agreement
(2) On receipt of the list of compensable data, the applicant may send a copy of an agreement to the registrant to enter into with respect to such of that data that they wish to use or rely on, by certified or registered mail or any other method of delivery that provides proof of delivery.
- SOR/2010-119, s. 2
- SOR/2017-169, s. 3
Negotiation and Arbitration
Marginal note:Agreement entered into
17.9 (1) On delivery of the proposed agreement, the applicant and the registrant must enter into the agreement and begin to negotiate the compensation payable in respect of the data that the applicant wishes to use or rely on.
(2) [Repealed, SOR/2016-61, s. 4]
(3) If the parties fail to reach a negotiated settlement with respect to the compensation payable within 120 days after delivery of the agreement, they may continue negotiating if they both agree to do so.
- SOR/2010-119, s. 2
- SOR/2016-61, s. 4
Marginal note:When no negotiated settlement — notice of arbitration
17.91 (1) If the parties fail to conclude a negotiated settlement in accordance with section 17.9, the applicant may, by notice in writing delivered to the registrant, submit the determination of the compensation payable to binding arbitration in accordance with the agreement.
Marginal note:Parties’ offers in writing
(2) The notice must include the last offers of the parties, if they were presented in writing at the end of the negotiation.
Marginal note:Method of delivery
(3) The notice must be delivered by certified or registered mail or any other method of delivery that provides proof of delivery.
Marginal note:Arbitral award
(4) An arbitral award must be made within 120 days after delivery of the notice, unless
(a) the parties agree to an extension of that period; or
(b) the arbitrator provides written notice to the parties, before the end of that period, that the period has been extended.
- SOR/2010-119, s. 2
- SOR/2017-91, s. 6
Marginal note:When no offer in writing
17.92 If the registrant does not put their last offer in writing at the end of the negotiation, the applicant may make the request referred to in subsection 17.93(1) without having to meet the conditions set out in section 17.93.
- SOR/2010-119, s. 2
Marginal note:Conditions on early registration
17.93 (1) If a negotiation ends without a negotiated settlement, the applicant may, once a notice referred to in section 17.91 has been delivered, use or rely on the compensable data and request that the Minister register their product in the absence of a letter of access, if the following conditions are met:
(a) the applicant enters into an escrow agreement with a third party;
(b) the third party is a person who is entitled under the laws of a province to receive and hold money on behalf of another person;
(c) pursuant to the escrow agreement, the applicant deposits with the third party an amount of money equal to the registrant’s last offer referred to in subsection 17.91(2); and
(d) the escrow agreement contains all of the following terms:
(i) the third party holds the money until it is payable in accordance with the escrow agreement,
(ii) on receipt of a copy of the registration certificate, the third party pays the registrant an amount equal to the applicant’s last offer referred to in subsection 17.91(2),
(iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the registrant the amount determined in that settlement or award, less the amount paid under subparagraph (ii), and
(iv) the third party pays any remaining balance to the applicant.
Marginal note:Copy and proof to Minister
(2) The applicant must send the Minister both a copy of the escrow agreement and proof that the applicant has deposited the money with the third party in accordance with paragraph (1)(c).
- SOR/2010-119, s. 2
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
22 (1) Subject to subsection (3), all information on a label must be in both English and French.
(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
23 (1) All information that is required to be shown on a label must appear in a manner that is clearly legible and indelible.
(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)
- SOR/2021-46, s. 25
Marginal note:Principal and secondary display panels
25 A registered pest control product must have a display panel consisting of a principal display panel and a secondary display panel.
Marginal note:Principal display panel
26 (1) The principal display panel of a registered pest control product must show the following information:
(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
(i) by volume, if the product is a liquid or gas or is viscous,
(ii) by mass, if the product is a solid or pressure-packed, and
(iii) in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, in any other case;
(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) The secondary display panel of a registered pest control product must show 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:
(i) if the pest control product does not have the product class designation “DOMESTIC”: “KEEP OUT OF THE REACH OF CHILDREN.”, or
(ii) if the pest control product is to be used only in the manufacture of another pest control product: “PREVENT ACCESS BY UNAUTHORIZED PERSONNEL.”;
(e) under the heading “FIRST AID”, instructions that
(i) set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product, and
(ii) include the statement “Take the container label or product name and Pest Control Product Registration Number with you when seeking medical attention.”;
(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) 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 the following information:
(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
(a) subsection (3); or
(b) paragraphs (2)(e) and (f), and that information appears as it does on the approved label for the product, and paragraphs (3)(a) and (b).
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