Pest Control Products Regulations (SOR/2006-124)

Marginal note:Letter of access

17.6 During the exclusive use period, an applicant may use or rely on test data of a registrant in an application to register a pest control product or amend a registration if the registrant provides the applicant with a letter of access.

Marginal note:Conditions — use or reliance

• 17.7 (1) Subject to subsection 17.94(2), an applicant may use or rely on compensable data of a registrant if they pay compensation to the registrant in accordance with an agreement for the relevant period described in subsection (2) and provide the Minister with a copy of a letter of access.

• Marginal note:Compensable period

  (2) Compensation is payable in respect of the following compensable data that is submitted to or considered by the Minister for the first time, for the following periods:

  • (a) in the case of test data that supports an application to register a pest control product whose active ingredient is already registered, for 12 years after the date of the application;

  • (b) in the case of test data that supports an application to amend a registration, for 12 years after the date of the application;

  • (c) in the case of test data submitted in response to a notice delivered to the registrant under subsection 16(3), 18(1) or 19(1) of the Act, for 12 years after the date on which the Minister receives the data; and

  • (d) subject to subsection (3), in the case of foreign test data considered by the Minister in the course of a re-evaluation or special review, for 12 years after the date on which the Minister initiates the re-evaluation or special review.

• Marginal note:Condition — foreign test data

  (3) Foreign test data is compensable only if the registrant is able to provide the Minister with the foreign test data on request.

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 the 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.

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.

• Marginal note:Negotiation period

  (2) The parties must reach a negotiated settlement with respect to the compensation payable within 120 days after delivery of the agreement.

• Marginal note:Extension

  (3) If the parties fail to reach a negotiated settlement within the 120-day period, they may continue negotiating if they both agree to do so.