Pest Control Products Act

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

• 16 (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 when 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) where 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 made under paragraph 67(1)(h), permit another registrant to use or rely on that information to meet the requirements of those provisions.

• 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.