Pest Control Products Regulations (SOR/2006-124)

RELATED PROVISIONS

• — SOR/2010-119, s. 3

  • • 3 (1) These Regulations apply to an application to register a pest control product or to amend a registration made on or after August 1, 2007 and before the day on which these Regulations come into force, if the applicant wishes to use or rely on compensable data of a registrant and the Minister has requested in writing that the parties negotiate the amount of compensation payable for that use or reliance.

    • (2) Despite subsection (1), if the Minister’s request is made more than 60 days before the coming into force of these Regulations and the applicant sends a copy of an agreement to the registrant under subsection 17.8(2) of the Pest Control Products Regulations, as enacted by section 2, the 120-day period specified in subsection 17.9(2) of those Regulations, as enacted by section 2, is reduced to 60 days from the day after the agreement is sent.

• — SOR/2010-119, s. 4

  • 4 Despite paragraph 17.5(3)(b) of the Pest Control Products Regulations, as enacted by section 2, the Minister must extend the exclusive use period established in accordance with section 17.5 of those Regulations, as enacted by section 2, if all of the following conditions are met:

    • (a) there remain at least six months before the exclusive use period expires;

    • (b) minor uses are added to the registration on or after August 1, 2007 but before the day on which these Regulations come into force; and

    • (c) the registrant requests an extension of the exclusive use period within 30 days after the day on which these Regulations are published in the Canada Gazette, Part II.

• — SOR/2017-91, s. 11

  • • 11 (1) In this section, former Regulations means the Pest Control Products Regulations as they read immediately before the day on which these Regulations come into force.

    • (2) The validity period of a conditional registration that is in effect before the coming into force of these Regulations continues to be in effect until the end of that period.

    • (3) The validity period of a conditional registration that continues to be in effect after the coming into force of these Regulations may be extended under subsection 14(6) or (7) of the former Regulations.

• — SOR/2017-91, s. 12

  • 12 The requirements in these Regulations respecting the information that must be shown on the label of a pest control product do not apply until the day on which the first of the following occurs:

    • (a) the registration of the pest control product, if it occurs on or after the day on which these Regulations come into force,

    • (b) the reprinting of the label,

    • (c) the modification of the information on the label, or

    • (d) the manufacture of the pest control product, if it occurs on or after the tenth anniversary of the day on which these Regulations come into force.

• — SOR/2022-99, s. 13

  • Definitions

    • 13 (1) The following definitions apply in this section.

      commencement day

      commencement day means the day on which these Regulations come into force. (date d’entrée en vigueur)

      new Regulations

      new Regulations means the Pest Control Products Regulations as they read on the commencement day. (nouveau règlement)

      secondary display panel

      secondary display panel has the same meaning as in subsection 1(1) of the Pest Control Products Regulations. (aire d’affichage secondaire)

      ultraviolet radiation-emitting device

      ultraviolet radiation-emitting device has the same meaning as in subsection 1(1) of the new Regulations. (dispositif à rayonnement ultraviolet)

    • Secondary display panel — statement

      (2) During the period beginning on commencement day and ending six months after that day, the secondary display panel of an ultraviolet radiation-emitting device referred to in paragraph 4(1)(c) of the new Regulations must contain the statement referred to in paragraph 30.1(3)(b) of the new Regulations or the statement “The use of this device is a supplement to and not a substitute for standard infection control practices; users must continue to follow all current infection control practices, including those related to the cleaning and disinfection of environmental surfaces.”.

• — SOR/2023-104, s. 7

  • 7 The following definitions apply in this section and in sections 8 to 12:

    Act

    Act means the Pest Control Products Act. (Loi)

    commencement day

    commencement day means the day on which these Regulations come into force. (date d’entrée en vigueur)

    former Regulations

    former Regulations means the Pest Control Products Regulations as they read immediately before the commencement day. (règlement antérieur)

    new Regulations

    new Regulations means the Pest Control Products Regulations as they read on the commencement day. (nouveau règlement)

• — SOR/2023-104, s. 8

  • • 8 (1) The new Regulations apply in respect of an application to register a pest control product or to amend a registration if a decision under subsection 8(1) of the Act in respect of the application is pending on the commencement day.

    • (2) Despite section 17.06 of the new Regulations, the Minister is not required to provide a new list in respect of an application referred to in subsection (1) if the Minister provided a list in respect of the application under subsection 17.8(1) of the former Regulations.

• — SOR/2023-104, s. 9

  • 9 If a portion of a period of exclusive use referred to in section 17.5 of the former Regulations remains on the commencement day, the portion is deemed to be the remaining portion of a period of exclusive rights as defined in section 17.01 of the new Regulations.

• — SOR/2023-104, s. 10

  • 10 In the context of a re-evaluation or special review of a pest control product, the new Regulations apply in respect of test data received by the Minister in response to one of the following notices that was delivered on or after June 3, 2010 and before the commencement day, if the Minister has not made public a decision statement in respect of the re-evaluation or special review under subsection 28(5) of the Act before the commencement day:

    • (a) a notice initiating the re-evaluation or special review under subsection 16(3) or 18(1) of the Act; or

    • (b) if the re-evaluation or special review commenced on or after June 28, 2006, a notice requiring additional information under paragraph 19(1)(a) of the Act.

• — SOR/2023-104, s. 11

  • 11 In the context of a re-evaluation or special review of a pest control product, the former Regulations apply in respect of test data received by the Minister in response to one of the following notices that was delivered on or after June 3, 2010 and before the commencement day, if the Minister has made public a decision statement in respect of the re-evaluation or special review under subsection 28(5) of the Act before the commencement day:

    • (a) a notice initiating the re-evaluation or special review under subsection 16(3) or 18(1) of the Act or a notice initiating any previous re-evaluation or special review under those provisions; or

    • (b) if the re-evaluation or special review or any previous re-evaluation or special review commenced on or after June 28, 2006, a notice requiring additional information under paragraph 19(1)(a) of the Act.

• — SOR/2023-104, s. 12

  • 12 In the context of a re-evaluation or special review of a pest control product, the former Regulations apply in respect of test data provided in support of an application by another registrant under subsection 7(1) of the Act to register another pest control product or to amend its registration if the following conditions are met:

    • (a) the active ingredient contained in the pest control product that is the subject of the re-evaluation or special review is not equivalent to the active ingredient contained in the other pest control product;

    • (b) the re-evaluation or special review commenced on or after June 28, 2006;

    • (c) the application was made on or after June 3, 2010; and

    • (d) the Minister has made public a decision statement in respect of the re-evaluation or special review under subsection 28(5) of the Act on or after September 21, 2017 but before the commencement date.