Pest Control Products Act (S.C. 2002, c. 28)

Marginal note:Health risks to be considered acceptable

• 11. (1) The health risks associated with maximum residue limits specified by the Minister under sections 9 and 10 must be considered to be acceptable by the Minister.

• Marginal note:Relevant factors

  (2) If a decision referred to in paragraph 28(1)(a) or (b) is being made or has been made in relation to a pest control product, the Minister shall, in evaluating and determining whether the health risks associated with maximum residue limits for that pest control product or its components or derivatives are acceptable under subsection (1),

  • (a) among other relevant factors, consider available information on

    • (i) aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools,

    • (ii) cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity, and

    • (iii) the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors; and

  • (b) in the case of a threshold effect, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph 7(7)(b)(ii) or 19(2)(b)(ii) in respect of that threshold effect, to take into account potential pre- and post-natal toxicity and completeness of the data with respect to the exposure of, and toxicity to, infants and children, unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate.

Marginal note:Additional information

• 12. (1) The Minister may, by delivering a notice in writing, require a registrant

  • (a) to compile information, conduct tests and monitor experience with the pest control product for the purpose of obtaining additional information with respect to its effects on human health and safety or the environment or with respect to its value; and

  • (b) to report the additional information to the Minister within the time and in the form specified in the notice.

• Marginal note:Condition of registration

  (2) A requirement under subsection (1) is a condition of registration.

Marginal note:Mandatory reporting

13. An applicant for registration of a pest control product, a person who makes an application under subsection 10(2) or a registrant shall report any prescribed information that relates to the health or environmental risks or the value of the pest control product to the Minister within the prescribed time and in the form and manner directed by the Minister.

Marginal note:Determination by Minister

14. After considering any information reported under section 12 or 13, the Minister shall determine whether a special review of the registration of the pest control product should be initiated.