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

Act current to 2022-07-25 and last amended on 2020-07-01. Previous Versions

Registration of Pest Control Products

Applications for Registration or Amendment

Marginal note:Application to Minister

  •  (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 registrants

    (2) If the Minister determines that the active ingredient of the applicant’s pest control product is equivalent to the active ingredient of a registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the applicant to use or rely on any information referred to in subsection (1) that has been provided by any registrant if the Minister is satisfied that the information

    • (a) is relevant to the registered pest control product that contains the equivalent active ingredient; and

    • (b) is necessary to support the application.

  • 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.

  • 2002, c. 28, s. 7
  • 2017, c. 6, s. 109

Marginal note:Registration or amendment

  •  (1) If the Minister considers that the health and environmental risks and the value of the pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall register the product or amend its registration in accordance with the regulations, if any, by

    • (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection (2), the conditions relating to its label;

    • (b) assigning a registration number to the product in the case of a new registration and, where the Minister considers it appropriate, in the case of an amendment; and

    • (c) specifying the period for which the registration or amended registration is valid, which period may be either finite or indefinite.

  • Marginal note:Conditions relating to label

    (2) The Minister may specify conditions relating to the label of a pest control product, otherwise than in accordance with the regulations, if the Minister is satisfied that the purposes of this Act can be met by so doing.

  • Marginal note:Provision of safety information to workplaces

    (3) Without limiting the generality of paragraph (1)(a), the Minister shall specify, as a condition of registration, the requirement for product safety information, including a material safety data sheet for the product, to be provided to workplaces where the pest control product is used or manufactured, in accordance with the regulations made under paragraph 67(1)(s).

  • Marginal note:Denial of application

    (4) The Minister shall deny an application referred to in subsection 7(1) if the Minister does not consider that the health or environmental risks of a pest control product are, or its value is, acceptable.

  • Marginal note:Sales data

    (5) A registrant of a pest control product shall, as a condition of registration, record, retain and report to the Minister information on sales of the product in the form and manner directed by the Minister and in accordance with the regulations made under paragraph 67(1)(u).

  • Marginal note:Former registrants

    (6) The obligation under subsection (5) to retain and report sales information in respect of a pest control product continues to apply to a former registrant after that product ceases to be registered.

  • 2002, c. 28, s. 8
  • 2016, c. 9, s. 36

Maximum Residue Limits

Marginal note:Specification at time of registration decision

 When making a decision regarding the registration of a pest control product, the Minister shall, if necessary, specify any maximum residue limits for the product or for its components or derivatives that the Minister considers appropriate in the circumstances.

Marginal note:Specification for unregistered products and uses

  •  (1) The Minister may specify maximum residue limits for an unregistered pest control product or its components or derivatives, or for a registered pest control product or its components or derivatives with respect to a use that is not provided for by its registration, whether or not an application under subsection (2) is made for that purpose.

  • Marginal note:Application for specification

    (2) Any person may make an application to the Minister to specify maximum residue limits pursuant to subsection (1). Section 7, with any necessary modifications, applies to that application.

  • Marginal note:Evaluation of health risks

    (3) When specifying maximum residue limits for a pest control product or its components or derivatives pursuant to subsection (1), the Minister shall evaluate only the health risks of the product or its components or derivatives.

Marginal note:Health risks to be considered acceptable

  •  (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.

Additional Information and Mandatory Reporting

Marginal note:Additional information

  •  (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

 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

 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.

Marginal note:Public availability

 After considering any information reported under section 13, the Minister shall place his or her conclusions in the Register and shall make public those conclusions if, in the Minister’s opinion,

  • (a) the pest control product poses a significant health or environmental risk; or

  • (b) it is in the public interest to do so.

Re-evaluation and Special Review

Marginal note:Minister’s discretion to initiate re-evaluation

  •  (1) The Minister may initiate the re-evaluation of a registered pest control product if the Minister considers that, since the product was registered, there has been a change in the information required, or the procedures used, for the evaluation of the health or environmental risks or the value of pest control products of the same class or kind.

  • Marginal note:Minister required to initiate re-evaluation

    (2) Without limiting the generality of subsection (1),

    • (a) if a decision of a type referred to in paragraph 28(1)(a) or (b) was made in relation to a pest control product on or after April 1, 1995, the Minister shall initiate a re-evaluation of that product no later than one year after 15 years have elapsed since the most recent decision of that type; and

    • (b) if the most recent decision of a type referred to in paragraph 28(1)(a) or (b) was made in relation to a pest control product before April 1, 1995, the Minister shall initiate a re-evaluation of that product no later than April 1, 2005 or the date that is one year after 15 years have elapsed since that decision, whichever date is later.

  • Marginal note:Notice requesting information

    (3) Re-evaluation of a pest control product is initiated by the Minister delivering a notice in writing to the registrant explaining the reasons for initiating the re-evaluation and, if considered necessary by the Minister, requiring the registrant to provide information in the form and within the period specified in the notice.

  • Marginal note:Request for information from departments and provinces

    (4) After the re-evaluation is initiated, the Minister shall deliver a notice to federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system requesting them to provide, in the form and within the period specified in the notice, information in respect of the health and environmental risks and the value of the product that is under re-evaluation.

  • Marginal note:Provision of information if more than one registrant

    (5) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,

    • (a) two or more registrants may provide the information required under subsection (3) or paragraph 19(1)(a) jointly; and

    • (b) if the Minister is satisfied that the information required under subsection (3) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.

  • Marginal note:If active ingredients not equivalent

    (5.1) If the active ingredients of the registered pest control product that is subject to the re-evaluation are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the re-evaluation to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the re-evaluation.

  • Marginal note:Evaluation of pest control product

    (6) After the re-evaluation is initiated, the Minister shall, 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 and shall carry out the consultations required by section 28.

  • 2002, c. 28, s. 16
  • 2017, c. 6, s. 110

Marginal note:Initiation of special review by Minister

  •  (1) The Minister shall initiate a special review of the registration of a pest control product if the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable.

  • Marginal note:Special review where OECD ban

    (2) Without limiting the generality of subsection (1), when a member country of the Organisation for Economic Co-operation and Development prohibits all uses of an active ingredient for health or environmental reasons, the Minister shall initiate a special review of registered pest control products containing that active ingredient.

  • Marginal note:Special review where information from department or province

    (3) Without limiting the generality of subsection (1), the Minister shall initiate a special review of the registration of a pest control product if a federal or provincial government department or agency has provided information to the Minister that relates to the health or environmental risks or the value of the product and if, after considering the information provided, the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable.

  • Marginal note:Request for special review

    (4) Any person may request a special review of the registration of a pest control product by making a request to the Minister in the form and manner directed by the Minister.

  • Marginal note:Decision

    (5) Within a reasonable time after receiving a request, the Minister shall decide whether to initiate a special review and shall respond to the request with written reasons for the decision.

  • Marginal note:Scope of special review

    (6) For the purposes of this section, the Minister shall initiate a special review only in relation to the aspect of the pest control product that prompted the special review.

  • Marginal note:Addition of aspect

    (7) If the Minister has initiated a re-evaluation of, or a special review in relation to, a pest control product, the Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or special review to include any aspect of the product that would otherwise prompt a new special review under subsection (1), (2) or (3).

  • Marginal note:New or amended consultation statement

    (8) If the Minister expands the scope of a re-evaluation or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7).

 
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