Pest Control Products Act (S.C. 2002, c. 28)
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Assented to 2002-12-12
Pest Control Products Act
S.C. 2002, c. 28
Assented to 2002-12-12
An Act to protect human health and safety and the environment by regulating products used for the control of pests
SUMMARY
This enactment replaces the Pest Control Products Act.
The enactment provides a pest control product registration regime that gives the Minister of Health the necessary powers to ensure that pest control products are registered only if their risks and value are determined by the Minister to be acceptable.
The enactment provides further protection of health, safety and the environment by requiring that, after a product is registered, new information about risks and value be reported, by authorizing the special review and re-evaluation of registered pest control products and by giving inspectors power to take measures to prevent risks.
In addition, the enactment provides for public participation in the regulatory process by requiring that the public be consulted before significant registration decisions are made and by providing the public with the right to request and participate in the reconsideration of decisions. It also gives the public access to certain information provided in relation to registered pest control products.
Preamble
WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of people in Canada and to the environment;
WHEREAS pest management plays a significant role in diverse areas of the economy and other aspects of the quality of life throughout Canada;
WHEREAS pest control products of acceptable risk and value can contribute significantly to the attainment of the goals of sustainable pest management;
WHEREAS the goals of sustainable pest management are to meet society’s needs for human health protection, food and fibre production and resource utilization and to conserve or enhance natural resources and the quality of the environment for future generations, in an economically viable manner;
WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect people and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication;
WHEREAS it is in the national interest thatthe primary objective of the federal regulatory system be to prevent unacceptable risks to people and the environment from the use of pest control products,
the attainment of the objectives of the federal regulatory system continue to be pursued through a scientifically-based national registration system that addresses risks to human health and the environment both before and after registration and applies to the regulation of pest control products throughout Canada,
pest control products of acceptable risk be registered for use only if it is shown that their use would be efficacious and if conditions of registration can be established to prevent adverse health impact or pollution of the environment,
in assessing risks to humans, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors,
pest control products be regulated in a manner that supports sustainable development, being development that meets the needs of the present without compromising the ability of future generations to meet their own needs,
the federal regulatory system be designed to minimize health and environmental risks posed by pest control products and to encourage the development and implementation of innovative, sustainable pest management strategies, for example by facilitating access to pest control products that pose lower risks, and encouraging the development and use of alternative, non-toxic, ecological pest control approaches, strategies and products,
applicable policies of the Government of Canada that are consistent with the objectives of this Act be duly reflected in decisions respecting the regulation of pest control products,
there be cooperation among federal departments in the development of policies to pursue the attainment of the objectives of this Act, and that those policies take into account advice from diverse sources throughout the country,
the provinces and territories and those whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to participate in the regulatory system in ways that are consistent with the attainment of its objectives, and
the federal regulatory system be administered efficiently and effectively in accordance with the foregoing principles and objectives and in a manner that recognizes the various interests and concerns affected and, where consistent with the primary objective of the system, minimizes the negative impact on economic viability and competitiveness;
AND WHEREAS Canada must be able to fulfil its international obligations in relation to pest management;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Pest Control Products Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“active ingredient”
« principe actif »
“active ingredient” means a component of a pest control product to which the intended effects of the product are attributed and includes a synergist but does not include a solvent, diluent, emulsifier or other component that is not primarily responsible for those effects.
“advertise”
« publicité »
“advertise” includes making a representation by any means for the purpose of directly or indirectly promoting the distribution of a pest control product.
“analyst”
« analyste »
“analyst” means a person who is appointed or designated as an analyst under section 45.
“biological diversity”
« diversité biologique »
“biological diversity” means the variability among living organisms from all sources, including, without limiting the generality of the foregoing, terrestrial and marine and other aquatic ecosystems and the ecological complexes of which they form a part and includes the diversity within and between species and of ecosystems.
“biotechnology”
« biotechnologie »
“biotechnology” means the application of science and engineering in the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms.
“conditions of registration”
« conditions d’homologation »
“conditions of registration” means
(a) any conditions specified by the Minister under paragraph 8(1)(a) or subsection 8(2) or when amending the registration of a pest control product under this Act; and
(b) any other requirements stated by this Act or the regulations to be conditions of registration.
“confidential business information”
« renseignements confidentiels commerciaux »
“confidential business information” means information to which access may be refused under the Access to Information Act and that meets the requirements of subsection 43(4) or (5).
“confidential test data”
« données d’essai confidentielles »
“confidential test data” means test data to which access may be refused under the Access to Information Act.
“distribute”
« distribution »
“distribute” means distribute in any way, whether or not for consideration, and includes sell, offer for sale or distribution, and expose, display or advertise for sale or distribution.
“ecosystem”
« écosystème »
“ecosystem” means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.
“environment”
« environnement »
“environment” means the components of the Earth and includes
(a) air, land and water;
(b) all layers of the atmosphere;
(c) all organic and inorganic matter and living organisms; and
(d) the interacting natural systems that include components referred to in paragraphs (a) to (c).
“environmental risk”
« risque environnemental »
“environmental risk”, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.
“formulant”
« formulant »
“formulant” means any component of a pest control product that is added intentionally to the product and that is not an active ingredient.
“government policy”
« politique gouvernementale »
“government policy” means the Toxic Substances Management Policy issued by the Government of Canada in June, 1995, as long as it remains in effect, and any other policies of the Government of Canada that are prescribed.
“health risk”
« risque sanitaire »
“health risk”, in respect of a pest control product, means the possibility of harm to human health resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.
“inspector”
« inspecteur »
“inspector” means a person who is appointed or designated as an inspector under section 45.
“label”
« étiquette »
“label”, in respect of a pest control product, means anything that conveys information that is required by this Act or the regulations to accompany the product.
“manufacture”
« fabrication »
“manufacture” includes produce, formulate, repackage and prepare for distribution or use.
“Minister”
« ministre »
“Minister” means the Minister of Health.
“package”
« emballage »
“package” includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed, including the label and anything else that accompanies the product and conveys information about it.
“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation.
“pest”
« parasite »
“pest” means an animal, a plant or other organism that is injurious, noxious or troublesome, whether directly or indirectly, and an injurious, noxious or troublesome condition or organic function of an animal, a plant or other organism.
“pest control product”
« produit antiparasitaire »
“pest control product” means
(a) a product, an organism or a substance, including a product, an organism or a substance derived through biotechnology, that consists of its active ingredient, formulants and contaminants, and that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects;
(b) an active ingredient that is used to manufacture anything described in paragraph (a); or
(c) any other thing that is prescribed to be a pest control product.
“prescribed”
Version anglaise seulement“prescribed” means prescribed by regulation.
“Register”
« Registre »
“Register” means the Register of Pest Control Products established and maintained under section 42.
“registrant”
« titulaire »
“registrant” means a person in whose name a pest control product is registered.
“test data”
« données d’essai »
“test data” means scientific or technical information respecting the health or environmental risks or the value of a pest control product.
“threshold effect”
« effet de seuil »
“threshold effect”, in respect of a pest control product, means a harmful effect on human health for which the Minister is able to identify a level at which the product will not cause that effect.
“value”
« valeur »
“value”, in respect of a pest control product, means the product’s actual or potential contribution to pest management, taking into account its conditions or proposed conditions of registration, and includes the product’s
“place”
« lieu »
“place” includes a means of transport.
(a) efficacy;
(b) effect on host organisms in connection with which it is intended to be used; and
(c) health, safety and environmental benefits and social and economic impact.
“violation”
« violation »
“violation” means a contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
“workplace”
« lieu de travail »
“workplace” means a place where a person works for remuneration.
Marginal note:Acceptable risks
(2) For the purposes of this Act, the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.
HER MAJESTY
Marginal note:Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or a province.
MANDATE
Marginal note:Primary objective
4. (1) In the administration of this Act, the Minister’s primary objective is to prevent unacceptable risks to people and the environment from the use of pest control products.
Marginal note:Ancillary objectives
(2) Consistent with, and in furtherance of, the primary objective, the Minister shall
(a) support sustainable development designed to enable the needs of the present to be met without compromising the ability of future generations to meet their own needs;
(b) seek to minimize health and environmental risks posed by pest control products and encourage the development and implementation of innovative, sustainable pest management strategies by facilitating access to pest control products that pose lower risks and by other appropriate measures;
(c) encourage public awareness in relation to pest control products by informing the public, facilitating public access to relevant information and public participation in the decision-making process; and
(d) ensure that only those pest control products that are determined to be of acceptable value are approved for use in Canada.
Marginal note:Protection of future generations
4.1 For greater certainty, protection and consideration afforded to children in this Act shall also extend to future generations.
ADVISORY COUNCIL
Marginal note:Establishment
5. (1) In carrying out duties under this Act, the Minister may establish an advisory council of persons whose interests and concerns are affected by this Act, and may specify the functions of the council and the means by which it is to perform those functions.
Marginal note:Report to Minister
(2) The advisory council shall give any report that it makes, including its recommendations and the reasons for them, to the Minister, who shall place it in the Register.
PROHIBITIONS
Marginal note:Unregistered pest control products
6. (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), any of sections 53 to 59 or the regulations.
Marginal note:Conditions of registration
(2) No person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration.
Marginal note:Packaging of pest control products
(3) No person shall store, import, export or distribute a pest control product that is not packaged in accordance with the regulations and the conditions of registration.
Marginal note:Defence
(4) A person shall not be found to have contravened subsection (3) if it is established that the person reasonably believed that the pest control product was packaged in accordance with the regulations and the conditions of registration.
Marginal note:Misuse of pest control products
(5) No person shall handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with
(a) the regulations; or
(b) if the product is registered, the directions on the label recorded in the Register, subject to the regulations.
Marginal note:Defence
(6) A person shall not be found to have contravened subsection (5) if it is established that the person
(a) reasonably believed that the directions on the label accompanying the pest control product complied with the regulations or, if the product is registered, with the directions on the label recorded in the Register; and
(b) handled, stored, transported, used or disposed of the product in accordance with the directions on the label accompanying it.
Marginal note:Packaging and advertisement of pest control products
(7) No person shall package or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.
Marginal note:Activities that endanger health, etc.
(8) No person shall manufacture, possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environment.
Marginal note:Offence and punishment
(9) A person who contravenes any provision of this section is guilty of an offence and liable
(a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or
(b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.
REGISTRATION OF PEST CONTROL PRODUCTS
Applications for Registration or Amendment
Marginal note:Application to Minister
7. (1) An application to register a pest control product or to amend the product’s registration must be made to the Minister in the form and manner directed by the Minister and must include any information or other thing that is required by the regulations to accompany the application.
Marginal note:Use of information provided by other registrants
(2) If the Minister is satisfied that any information referred to in subsection (1) has been provided by a registrant of a pest control product, the active ingredient of which the Minister has determined to be equivalent to the active ingredient in the applicant’s product, the Minister shall, subject to and in accordance with the regulations made under paragraph 67(1)(h), permit the applicant to use or rely on that information.
Marginal note:Foreign review or evaluation
(2.1) For the purposes of subsection (1), the applicant may include information that is available from a review or evaluation of a pest control product conducted by the government of another member country of the Organisation for Economic Co-operation and Development if the proposed use of the pest control product in Canada would be under conditions similar to those under which the foreign review or evaluation was conducted.
Marginal note:Evaluation of pest control product
(3) If the Minister is satisfied that the application has been made in accordance with subsection (1), (2) or (2.1), the Minister shall
(a) in accordance with the regulations, if any, conduct any evaluations that the Minister considers necessary with respect to the health or environmental risks or the value of the pest control product;
(b) expedite evaluations with respect to a pest control product that may reasonably be expected to pose lower health or environmental risks; and
(c) carry out any consultation required by section 28.
Marginal note:Other information
(4) The Minister may, by delivering a notice in writing, request an applicant to provide the Minister with other information in support of the application within the time and in the form specified in the notice.
Marginal note:Denial of application
(5) The Minister shall deny an application if the applicant does not comply with a notice under subsection (4).
Marginal note:Burden of persuasion and consideration of information
(6) During an evaluation,
(a) the applicant has the burden of persuading the Minister that the health and environmental risks and the value of the pest control product are acceptable; and
(b) the Minister shall consider the information provided by the applicant in support of the application and may consider additional information, but the Minister shall give the applicant a reasonable opportunity to make representations in respect of the additional information before completing the evaluation.
Marginal note:Scientific approach
(7) In evaluating the health and environmental risks of a pest control product and in determining whether those risks are acceptable, the Minister shall
(a) apply a scientifically based approach; and
(b) in relation to health risks, 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,
(i) among other relevant factors, consider available information on 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, and cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity,
(ii) apply appropriate margins of safety to take into account, among other relevant factors, the use of animal experimentation data and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors, and
(iii) in the case of a threshold effect, if the product is proposed for use in or around homes or schools, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph (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:Government policy to be given effect in evaluation
(8) In evaluating the health and environmental risks and the value of a pest control product, the Minister shall give effect to government policy.
Marginal note:Comparative risk and value assessment
(9) In determining whether the health and environmental risks and the value of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account information regarding the risks and value of other pest control products that are registered for the same use.
Marginal note:Representations
(10) For the purposes of subsection (9), the Minister shall, before making the determination, give the applicant a reasonable opportunity to make representations in respect of the information referred to in that subsection.
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