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; 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.

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;

  • (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 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 that is used both 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 level 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, that is imported into Canada primarily for use by the importer in or around the home, if the quantity being imported is not more than 500 g or 500 mL and the value of the quantity imported is not more than $100.

• 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:Exemption — unregistered pest control products

• 4. (1) Subject to subsection (2), a pest control product is exempt from the application of subsection 6(1) of the Act if it is

  • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

  • (b) a pest control product

    • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

    • (ii) the active ingredient of which is registered under the Act;

  • (c) a pest control product that is manufactured only for export from Canada and that contains an active ingredient that is registered in Canada;

  • (d) a pest control product that is imported under an own-use import certificate; or

  • (e) a pest control product that is imported for the purpose of conducting research in accordance with sections 46 to 70.

• Marginal note:No exemption

  (2) A pest control product is not exempt from the application of subsection 6(1) of the Act if it is an active ingredient that is used in a pest control product of a type described in Schedule 2.

• Marginal note:Use in manufacture only

  (3) A pest control product that is exempt from registration under paragraph (1)(a) may not be used for any purpose other than the manufacture of a registered pest control product.