Marginal note:Additional information — affidavit and contents

• 17. (1) When, in the context of a re-evaluation or special review, the Minister considers confidential information under paragraph 19(1)(c) of the Act, the registrant must be given access to that information by the Minister for the purpose of making representations under that paragraph with respect to the information, if the registrant submits to the Minister an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits that

  • (a) identifies the information to which access is given;

  • (b) acknowledges that the access is given only for the purpose of enabling the registrant to make representations to the Minister with respect to the information;

  • (c) states that the registrant will not use the information or make it available to any person for any other purpose; and

  • (d) states that the information and any copies of it will be returned to the Minister when the stated purpose has been achieved.

• Marginal note:Copying or other use

  (2) The registrant to whom access is given to confidential information under subsection (1) may not use the information or provide it to any person for any purpose other than to make representations under paragraph 19(1)(c) of the Act with respect to the information.

• Marginal note:Return of confidential information

  (3) Confidential information to which access is given under subsection (1) and any copies of it must be returned to the Minister by the registrant immediately after they have made their representations with respect to the information.

Marginal note:Definitions

17.1 The following definitions apply in sections 17.2 to 17.94.

“agreement”

« entente »

“agreement” means an agreement described in subsection 66(1) of the Act.

“compensable data”

« données soumises à des droits d’utilisation »

“compensable data” means test data other than the following:

• (a) test data that was submitted to support the registration of a new active ingredient and the pest control products associated with that ingredient, including any test data that was part of the additional information reported under section 12 of the Act in relation to that ingredient and those products;

• (b) test data that is included in a scientific study that has been published; and

• (c) test data that is generated by a scientific study that is fully funded by a government or one of its institutions.

“crop group”

« groupe de cultures »

“crop group” means a group of crops in which the residues at harvest are similar, based on similarities in appearance, harvestable commodity, edible portions and growth habits.

“letter of access”

« lettre d’accès »

“letter of access” means a document that is signed by a registrant in which the registrant authorizes a named person to use or rely on identified test data.

“letter of confirmation of source”

« lettre de confirmation de source »

“letter of confirmation of source” means a document that is signed by a registrant in which the registrant confirms that they have agreed to provide an identified registered pest control product to a named person.

“minor use”

« usage limité »

“minor use”, in respect of a pest control product, means a use the demand for which originates with a grower or a group of growers and which product is intended to be used on a particular pest in connection with a particular host organism, in all of the following circumstances:

• (a) the use is for an agricultural purpose;

• (b) a federal or provincial agricultural authority supports the use; and

• (c) the use is supported by crop residue data or dislodgeable foliar data.

“representative crop”

« culture répresentative »

“representative crop” means a crop in a crop group from which extrapolations of residue levels and maximum residue limits may be made to one or more crops in the group.

“test data”

« données d’essai »

“test data” means test data that is included in the information used by the Minister in any of the following circumstances:

• (a) to support an application to register a pest control product or to amend a registration under section 7 or 12 of the Act;

• (b) in response to a notice delivered to the registrant under subsection 16(3), 18(1) or 19(1) of the Act; or

• (c) in support of a registration before June 28, 2006.